Inspection of Machinery Act of 1951 (15 Geo Vi No. 33) (Qld)

LABOUR. 15 G eo . VI. No. 33, 1951. Inspection of Machinery Act. 305 An Act to Consolidate and Amend the Law relating 15^0E0 3 3VI- to the Inspection of Machinery and the I nspection Securing of Safety in the Operation of Machinery; and for other purposes. [A ssented to 25 th O ctober , 1951.] B E it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I—P reliminary .. P art I.— P reliminary . 1. (1.) This Act may be cited as “ The Inspection of short Title. Machinery Act of 1951.” (2.) Except as herein otherwise provided, this Act Commence- shall come into operation on a date to be fixed by thement' Governor in Council by Proclamation published in the Gazette. 2. This Act, including every regulation hereunder, Construction shall be read and construed so as not to exceed theof Aot‘ legislative power of the State to the intent that where any enactment hereof or provision of any regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. ' 3. This Act is divided into Parts as follows : — Parts of I. P art —P reliminary : II. P art —A dministration ; Aot' I III. P art —M easures eor S ecuring S afety in the O peration of M achinery ; IV. P art —I nspection of M achinery ; V. P art —D uties and L iabilities of O wners ; VI. P art —I nquiries as to A ccidents ; I VII. P art —C ertificates of C ompetence ; VIII. P art —O ffences and P roceedings ; IX. P art —G eneral ; ' '. " S chedules .

306 P art I.— P reliminary . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, Repeals and 4. * “ The Inspection of Machinery Acts, 1915 to savings. 1946 ” (herein referred to as “ the repealed Acts ”) are hereby repealed.. Provided that, but without limiting the operation of f “ The Acts Shortening Acts ”— (a) Unless otherwise expressly provided, every regulation, certificate of inspection or of competency, order, requisition, notice, permit or other act of authority made, granted, issued, given or done under the repealed Acts and in force at the commencement of this Act, shall, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effluxion of time or is repealed, amended, or otherwise modified, revoked, cancelled, suspended or surrendered under this Act: Provided that where any such certificate or permit is suspended at the commencement of this Act, it shall not be in force under this paragraph until the expiration of the period for which it was suspended, and then only if it has not expired during the period of its suspension, and it shall only continue in force thereafter for the remainder of the period during which it would have been in force if it had not been so suspended: Provided further that every such regulation, certificate, order, requisition, notice, and permit shall be read and construed subject to this Act; (b) All penalties and forfeitures imposed under the repealed Acts and not recovered at the commencement of this Act may be enforced and applied as if this Act had not come into operation; (c) All inquiries, actions and proceedings of whatever nature commenced or pending at the commencement of this Act under the repealed Acts may be carried on and x prosecuted as if this Act had not come into operation, and no such inquiry, action * 6 G. 5 No. 24 and amending Acts, f 31 V. No. 6.

1951. LABOUR. Inspection of Machinery Act. 307 P art I.— P reliminary . or proceeding shall abate or be discontinued or prejudicially affected by any thing in this Act contained; (d) The Chief Inspector, all other inspectors and all other officers appointed under the repealed Act , and in office at the commencement of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively without further or other appointment under this Act; (e) When in any other Act reference is made to the repealed Acts, or to any provision thereof, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly. 5. (1.) Unless otherwise expressly provided the Application provisions of this Act shall be in addition to and not in exemptions substitution for or diminution of the provisions of any from Act. other Act or of any regulation or rule thereunder : Provided that where any act or omission is an offence both under a provision of this Act and under a provision of such other Act or of any regulation or rule thereunder, the offender may be prosecuted under either such provision but so that he shall not be twice punished for that offence. (2.) Nothing in this Act shall prejudice or in any way interfere with the powers of inspection and regulation of— (a) Any ship or other vessel used in navigation, and the machinery thereof, contained in * “ The Navigation Acts, 1876 to 1950 ” ; or (b) Any mine within the meaning of f “ The Mines Regulation Acts, 1910 to 1945,” or $ “ The Coal Mining Acts, 1925 to 1950,” and the machinery (other than the machinery i above* * 41 V. No. 3 and amending Acts, f 1 G. 5 No. 24 and amending Acts. J 16 G. 5 No. 30 and amending Acts.

308 P art I.— reliminauy . LABOUR. ; 1 1 Inspection of Machinery Act. . 15 G eo . VI. No. 33, , ground or in any place where mining is carried on by the method of mining commonly known as “ open cut ” mining) therein, contained in the Acts aforesaid: Provided that the provisions of subsection one of this section shall apply with respect to the machinery above ground or in any place as aforesaid. (3.) This Act shall not apply or extend to or with respect to any machinery— (a) Used on or employed in the working of any railway or tramway vested in or under the control of.the Commissioner for Railways ; or (b) Used on or employed in the working of any other railway or tramway where worked by electric power, other than machinery used or employed in any power station or in any constructional or repairing workshop of that railway or tramway: Provided that, subject to subsection one of this section, this Act shall apply and extend to and with respect to any machinery the property of the owner of any sugar-mill and used on or employed in the working of any railway or tramway. (4.) Unless otherwise expressly provided, this Act shall apply and extend to and with respect to the several classes of machinery specified for the time being as subject to this Act in the First Schedule to this Act. Power to 6. The Governor in Council may from time to amend First ^jme Order in Council published in the Gazette amend the First Schedule hereto by adding to that Schedule any other class or classes of machinery or by deleting from that Schedule any class or classes of machinery therein specified, or by altering, varying or otherwise modifying the description of any class or classes of machinery specified therein, and the said Schedule as so amended shall thereupon become for the time being the First Schedule to this Act and shall have effect accordingly. ' Meaning of 7. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings set against them respectively, that is to say— Board. “ Board ”—The Board of Examiners constituted under this Act;

LABOUR. ----------------------- —,-----------v - " 1951. Inspection of Machinery Act. 309 1 “ P art I.— preliminar “ Boiler ”—Any vessel used or capable of being Boiler, used under or subject to pressure from steam, air, gas, or liquid: Without limiting the generality of the foregoing definition the term includes steam generating boilers, hot water boilers, water heaters, economisers, retorts other than those used for retorting mercury from gold or silver amalgam, autoclave sterilisers, all unfired pressure vessels, digesters, montejus digesters, jacketed pans, receivers and condensers in connection with refrigerating systems, aerating cylinders and gas cylinders in connection with aerated waters, air receivers, pipes under pressure, and all storage vessels under pressure, and also all settings, fittings, mountings, steam and other pipes, feed pumps, injectors, and all other equipment and piping connected to a boiler or necessary for the safe and efficient working of such boiler : But the term does ' not include piping used in connection with the reticulation of a water supply or piping used to supply a hydro-electric power station; “ Certificate ”—Any certificate granted and, in Certificate, relation to any time in question, in force under this Act ; “ Chief Inspector ”—Includes a person chief occupying or performing for the time being InsPeetor- the duties of the office of Chief Inspector ; “ Crane ”—Any machinery (including all equip- Crane, ment thereof whether detachable therefrom or not) fitted with a jib and used or designed for use for the purpose of raising, lowering or otherwise handling men, or goods, or materials; “ Engine ”—Any machinery (including its Engine, transmission machinery) used to convert heat or some other form of energy into mechanical work; or a machine (including its transmission machinery) for the development or utilisation of power from some source of energy such as coal, gas, oil, compressed air, electricity, or other source ;

310 P art I.— P reliminary . Hoist. Inspector. Lift. Machine. Machinery. Minister. Motor , mechanic. LABOUR. , ■ Inspection of Machinery Act. : i 15 G eo . VI. No. 33, “Hoist”—Any machinery,including all equipment thereof whether detachable therefrom or not (other than a crane or lift as herein defined), operated by any power including hand, foot, or animal power, and used or designed for use for the purpose of raising, lowering or otherwise handling men, or goods, or materials; “ Inspector ”—The Chief Inspector and any other inspector appointed or deemed to be appointed under this Act, and any person appointed for the time being to perform the whole or any part of the duties of an inspector; “ Lift ”—Any machinery having a platform or cage the direction or movement of which is restricted by a guide or guides and used or designed for use for the purpose of raising or lowering men, or goods, or materials: The term includes any and all machinery, supports, and enclosures, and any and all equipment thereof whether detachable or not, used or designed for use for operating a lift; “ Machine ”—Any assemblage of inter-related movable parts, forming an appliance for transmitting and modifying forces and the motion produced by them, and in which the relative motions of the parts are definitely controlled or constrained; “ Machinery ’’—Any engine, boiler, motor, motor vehicle, crane, hoist, lift* 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, but not including any electric generator, electric convertor, electric transformer, or electric rectifier; , “ Minister ”—The Secretary for Mines and Immigration or other Minister of the Crown for the time being charged with the adihinistration of this Act; “ Motor mechanic ”—Any person who works at testing, examining, adjusting, or repairing motor vehicles or internal combustion engines;

1951. LABOUR. Inspection of Machinery Act. 311 P art I.— P reliminary . “ Motor vehicle ”—An v y vehicle J j p l ro J p L elled or V M ° n t l o C ' i ' 6 designed for propulsion wholly or partly by ’ gas, motor spirit, oil, electricity, or any other mechanical power: The term includes a motor car, motor omnibus, motor truck, motor utility truck, service omnibus, trolley vehicle, and a trailer attached to or drawn by a motor vehicle, and the engine of any motor vehicle, but does not include any steam locomotive or steam traction engine or any engine of a motor vehicle used for a purpose other than that of propelling a vehicle; “ Occupier ”•—The person in possession or 0ccuPier- occupation of any place or, if there is no such person, the owner of that place : The term includes an agent, manager, foreman, or other person acting or apparently acting in the general management or control of any place ; “Owner”—In relation to any machinery, the Owner, owner of that machinery and the mortgagee, lessee, hirer, and borrower thereof, and any engineer, overseer, foreman, driver, attendant, agent, and person having the control, charge, or management thereof; “Person”—Includes a body corporate ; Person. “Place”—Any structure or area, enclosed orpiace. otherwise, and whether above or below ground, wherein or whereon any machinery is, or is erected, kept, used, worked, or in operation : Without limiting the generality of the fore­ going definition, the term includes a mine, any road or street, any house or building, and any ship, raft, punt, hulk, or boat - wherein or whereon any machinery is, or is erected, kept, used, worked, or in operation; “ Prescribed ”—Prescribed by this Act; Prescribed. “ Refrigerating machinery ”—Any machinery Refrigerat- used or designed for use for the purpose of^|chinery reducing temperatures by compression or absorption or any other system of refrigeration.

312 P art I.— P reliminary . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, The ton of refrigeration shall be computed from the volumetric displacements of the compressor or compressors and shall be for a system using carbon dioxide (C02) as a refrigerant 1-2 cubic feet per minute, for a system using ammonia as a refrigerant 4*25 cubic feet per minute, for a system using freon as a refrigerant 8-4 cubic feet per minute, for a system using methyl chloride as a refrigerant 8-5 cubic feet per minute, and for a system using carrene as a refrigerant 10-2 cubic feet per minute ; Regulations. Serious bodily injury. “ Regulations ”—Regulations made under the authority of this Act; “ Serious bodily injury ”—An injury which is likely to incapacitate the sufferer from work for at least fourteen days; This Act. Trailer. Transmission machinery. “ This Act ”—This Act and any Proclamations, Orders in Council and regulations made hereunder; “ Trailer ”—Any vehicle without motive power attached or designed for attachment to another vehicle ; “ Transmission machinery ”—Every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt, or other device by which the motion of any engine is transmitted to or received by any other machinery or appliance. (2.) Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act and also to include any regulation or rule made under that other Act or later Act and for the time being in force. P art II.— A dminis ­ tration . P art II.— A dministration . Administra­ 8. This Act shall be administered by the Minister tAiocnt. of this and, subject to the Minister, by the Chief Inspector, other inspectors and other officers appointed in pursuance of this Act. Officers. 9. (1.) The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of Machinery and such other inspectors and pther officers as he deems necessary for the effectual execution of this Act.

1951. LABOUR. Inspection of Machinery Act. 313 P art II.— ADMINIS­ TRATION. The Chief Inspector, other inspectors and other officers shall be appointed and hold their respective offices under, subject to, and in accordance with * “ The Public Service Acts, 1922 to 1950.” (2.) The Governor in Council may from time to Districts, time by notification published in the Gazette — (а) Constitute parts of Queensland as districts for the purposes of this Act; (б) Abolish, subdivide, or alter the boundaries of any district, or amalgamate any such districts or parts of such districts; (c) If considered desirable, assign a name to any such district and vary any such name; (d) Assign to any inspector or inspectors any district or districts or a part of any district or districts; (e) Direct that any inspector to whom any district or districts or a part of any district or districts is or are assigned shall only exercise and discharge his powers and duties under this Act in that district or districts or, as the case may be, part; (/) Cancel or vary any assignment referred to in paragraph (d) or direction referred to in paragraph (e) aforesaid, and may include in any such notification all or any of such things. Any district or districts assigned to any inspector at the commencement of this'Act shall, subject to this Act, continue, without a further assignment, to be assigned to that inspector and shall be deemed to be constituted under and for the purposes of this Act. Unless the Governor in Council has otherwise directed by a notification published in the Gazette, any inspector may exercise and discharge his powers and duties under this Act in any part of the State notwithstanding that any district or districts or a part of any district or districts may have been assigned to him. Any and every provision of this subsection shall be read so as not to limit the powers and authorities of the Chief Inspector. * 13 G. 5 No. 31 and amending Acts.

314 P art II.— A dminis ­ tration . LABOUR. Inspection of Machinery Act. 15 G eo . YI. N o . 33, not/ce^f (3.) Judicial notice shall be taken of every notifications, notification published in the Gazette under this section. Certificate of (4.) Every inspector shall fee furnished with a ment.nt certificate of appointment and upon applying for admission to any place shall, if required, produce such certificate to the occupier of the place. tokeep°r 10. (1.) Every inspector shall keep full minutes of minutes, all his proceedings, and shall, from time to time, report and report, ^he same to the Chief Inspector, with such particulars and information as the Chief Inspector requires. rinecsopredctboorosk’ s ( ' 2.) • The Chief Insp a ector shall x provide each ins j p l ector with a record book relating to machinery, to be kept by him in the manner prescribed. Such book shall be open to inspection, upon payment of the prescribed search fee, fey any person at the office of the inspector or other convenient place appointed from time to time for that purpose by the ChiefInspector ; but no person other than the owner of any machinery shall be entitled to a copy of or extract from any entry relating to that 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. report of (3.) Every inspector shall make and furnish to the machinery, Chief Inspector during each month a report of the machinery inspected by him during the last preceding month. Such report shall be in such form and shall contain such particulars • as the Chief Inspector directs. Powers of inspectors. 11. (1.) Any inspector may at any time— (i.) Enter, inspect and examine any place where there is or where he has reason to believe there is any machinery, whether or not specified for the time being in the First Schedule to this Act; (ii.) Inspect and examine any machinery found upon such entry and the appliances connected therewith or belonging thereto, if any ; (iii.) Call to his aid— (a) Any member of the police force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ;

1951. LABOUR. Inspection of Machinery Act. 315 P art II.— A dminis ­ tration . (6) Any person he may think competent to assist him in such inspection and examination; (iv.) Make such examination and inquiry as may be necessary to ascertain whether the pro­ visions of this Act have been or are being complied with in respect of any machinery, the owner thereof, and the persons employed in connection therewith; (v.) Question, with respect to matters under this Act, the occupier of any place, the owner of any machinery, every person whom he finds in any place, and every person who has been within the preceding six months employed in any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers ; (vi.) Require the production of any certificate of registration, or inspection, or competency, and of any book, notice, record, list, or writing which by this Act is required to be kept or exhibited, and inspect, examine, and take copies of or extracts from the same ; and (vii.) Exercise such other powers and authorities as may be prescribed. (2.) Any person authorised by the Chief Inspector and, without prejudice to his powers and authorities i^ecT prescribed by subsection one of this section, any inspector certificates, may at any time enter any place wherein or whereon machinery (whether or not specified for the time being in the First Schedule to this Act) is in use or working or is kept and require the production of any certificate required under this Act in respect of that machinery and any certificate required under this Act to be held by the person in charge of that machinery, and inspect, examine, and take copies of or extracts from the same. 12. The occupier of any place wherein or whereon Occupiers there is any machinery (whether or not specified for theentryaLd time being in the First Schedule to this Act) and every inspection, owner of any machinery shall furnish to any inspector all reasonable assistance and all such information which he is capable of furnishing as is required by that inspector

316 P art II.— A dminis ­ tration . LABOUR., Inspection of Machinery Act. 15 G eo . VI. No. 33y with respect to the exercise of his powers and the discharge of his duties under this Act in relation to that place or, as the case may be, machinery. Obstructing 13 A person shall not— inspector, (i.) Assault, resist, or obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or (ii.) Fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or (iii.) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or (iv.) When required by or under this Act to furnish any assistance or to furnish any information to n,n inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or (v.) Fail, without reasonable excuse the proof , whereof shall lie upon him, to produce any certificate of registration, or inspection, or competency, book, notice, record, fist, document, or writing which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such certificate, book, notice, record, list, document, or writing; or (vi.) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or (vii.) Use any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning : Provided that no person shall be required under this section or under section eleven or section twelve of this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself.

1951. - LABOUR. Inspection of Machinery Act. 317 P art II.— A dminis ­ tration . In this section the term “ inspector ” includes any person acting under lawful authority under or pjursuant to this Act. 14. (1.) Every person including a maker of or Owners °f dealer in machinery who becomes the owner of machinery token'd*7 shall, within fourteen days after he becomes such owner, to deliver to the Chief Inspector a notice in writing in the inspector, form and containing such particulars as may be prescribed and signed by the owner. (2.) Whenever any machinery becomes subject to this Act upon amendment of the First Schedule hereto, the owner of that machinery shall, within one month from that amendment of the First Schedule, deliver to the Chief Inspector a notice in writing in the form and containing such particulars as may be prescribed and signed by the owner. (3.) A person shall not deliver to the Chief Inspector a document purporting to be a notice under this section, which is false or misleading in any material particular. P art III.— M easures for S ecuring S afety in the O peration of M achinery . . Persons Lawfully m Charge of Machinery. ^ sa ™™0 the O peration of machinery . 15. (1.) Any engine or boiler or any other Machinery machinery to and with respect to which this section “of applies shall at any and every time when the same is certificated under working conditions be in charge of a person whopersons‘ holds under this Act a certificate of competency authorising him to take charge of that machinery. (2.) The owner of an engine or boiler or of any other machinery to and with respect to which this section applies shall, at any and every time whien the same is under working conditions, cause to be in charge thereof a person holding under this Act a certificate of competency authorising him to take charge of that machinery. (3.) A person shall not, at any lime when any machinery to and with respect to which this section applies is under working conditions, be in charge of, or act in the capacity of the person in charge of, that machinery unless he holds under this Act a certificate of competency authorising him to take charge of that machinery.

318 LABOUR. P art III.— M easures for S ecuring S afety in the O peration of M achinery . Inspection of Machinery Act . 15 G eo . VI. No. 33, (4.) A person in charge of any machinery to and with respect to which this section applies shall not, at any time when that machinery is under working conditions, absent himself from that charge. An owner of any machinery to and with respect to which this section applies shall not require, permit, or allow the person in charge of that machinery to absent himself from that charge at any time when the same is under working conditions. (5.) For the purposes of this section a person shall be deemed to be not in charge of an engine or boiler unless— • (a) In the case of a steam engine, that person is within sight and/or hearing distance of that engine; ( b) In the case of a boiler of less than eight horse power solely used for heating or sterilising purposes in a cheese factory or of a boiler of less than four horse-power and of low pressure or low rate of evaporation, that person is, to the satisfaction of the Chief s Inspector, at all times within safe distance of that boiler ; or (c) In the case of any and every boiler (excepting those specified in paragraph (b) of this subsection) that person can, at any and every time when the boiler is under working conditions, both see the water in the water gauge and read the pressure gauge. (6.) This section shall apply to and with respect to any and every one of the following classes of machinery (whether or not specified for the time being in the First Schedule to this Act) that is to say— (a) Any and every engine or steamboiler excepting— (i.) Any stationary internal combustion engine or engines the area of cylinder or combined area of cylinders of which does not exceed sixty-four circular inches in measurement; (ii.) Any oil tractor the. property of any agriculturalist or pastoralist and used by him on any farm or grazing property for agricultural, horticultural, viticultural, dairying or pastoral purposes, but so that

LABOUR. 319 1951. P art III.— Inspection of Machinery Act. M easures for S ecuring S afety in THE OPERATION this exception does not extend to any oil of M achinery . tractor supplied and used under a contract for the performance of any work on a farm or grazing property ; (iii.) Any hydraulic engine used in generating electricity; (iv.) Any internal combustion engine installed in the powerhouse of any Electric Authority when in use between the hours of eleven o’clock in the afternoon of any day and seven o’clock in the forenoon of the next succeeding day and which— (a) In any case where such engine was so installed before the twenty-first day of November, one thousand nine hundred and thirty-nine has a capacity not exceeding seventy-five horse-power; or (b) In any case where such engine is installed after such lastmentioned date, has a capacity not exceeding fifty horse-power ; and (v.) Any transmission machinery ; (6) All refrigerating machinery having a capacity exceeding five tons; (c) Any and every crane excepting any crane which is operated by hand, foot, or animal power; (d) Any and every hoist excepting any hoist which is worked by hand, foot, or animal power and any hoist for the taking charge of which the. Board does not require the authority of any certificate of competency under this Act; (e) Any and every other class of machinery that may be prescribed : • Provided that this section shall not apply to or with respect to— (i.) Any domestic hot water system while being used exclusively for domestic purposes in a private dwelling-house; ' (ii.) Any motor vehicle; (iii.) Any lift;

320 P art III.— M easures FOR SECURING S afety in the O peration of M achinery . LABOUR. Inspection of Machinery Act. 15 G eo . VI. N o . 33, (iv.) Any machinery in any mine within the meaning of * “ The Mines Regulation Acts, 1910 to 1945,” or f “ The Goal Mining Acts, 1925 to 1950 ” when under either of those Acts, that machinery is required to be in charge of a person holding a winding license for the time being in force entitling him to have charge of that machinery ; (v.) Refrigerating machinery used for air con­ ditioning and having a capacity not exceeding twenty tons, provided the refrigerant used is non-toxic; or (vi.) Any other machinery that may be prescribed to be exempted from the application of this section. Power of the Chief 16. If, upon the report of an inspector, the Chief Inspector Inspector is of opinion that it is impracticable or tsoteraemqueinregine dangerous, or both impracticable and dangerous, for and its one and the same person to take sole charge of both bboeilienrschtaorge any engine to and with respect to which section fifteen of separate of this Act applies and its boiler or boilers, the Chief persons. Inspector may by notice in writing require the owner, on and after a date to be stated in that notice, to employ in charge of that boiler or boilers a person additional to the person in charge of that engine. An owner of any engine shall at any and every time when he is thereunto required by a notice under this section, employ in charge of that engine and of its boiler or boilers severally two persons: Provided that either such person shall be deemed to be not in charge of that engine or, as the case may be, its boiler or boilers in compliance with the requirements of the aforesaid notice unless he holds under this Act a certificate of competency authorising him to be so in charge. IPthnoeswpCeerchtiooefrf impra1c7ti.caIbfletheorCdhainefgeIrnosupse, ctoorr bisotohf iomppinriaocntictahbalte iatnids ttoohfeelinnmguiimtnebser dchaanrggeerooufs, twfoor oornemoarnedetnhgeinessamtoe apnerdsownittho rteaskpeectsotloe ionnechpaerrgseono.f mwhaiychbysencotitoincefiifntewenritoifntghriseqAucitreapthpelieoswtnheerC, ohnieafnIndsapfetcetroar * 1 G. 5 No. 24 and amending Acts, t 16 G. 5 No. 30 and amending Acts.

LABOUR. 321 ---------------------------------------------------------------------------------------- ;-------------------------------------------------- P art III.— 1951. Inspection of Machinery Act. for ^ otmng S afety in ■-------------------------------------------------------------------------------------------------------------------------- - the O peration d i a i te i to * b i e st j at i ed j m * suc • h » notice, to emp i loy m * charge of M achinery . of such one or more of those engines as specified in that notice, a person additional to the person in charge of the remainder thereof. An owner of a number of engines shall at any and every time when he is thereunto required by a notice under this section, employ in charge of such one or more of those engines as shall have been specified in that notice and of the remainder thereof severally two persons : Provided that either such person shall be deemed to be not in charge of any such engine or engines unless he holds under this Act a certificate of competency authorising him to be so in charge. 18. A person who himself does not hold under this interference Act a certificate of competency authorising him to take ll^JtyTn113 charge of any machinery to and with respect to which charge of section fifteen of this Act applies shall not, at any time machinery' when a person holding under this Act a certificate of competency authorising him to take charge of that machinery is in charge thereof, cause or attempt to cause that last mentioned person to do or omit to do, with respect to that machinery, an act, matter, or thing contrary to a provision of this Act. 19. (1.) The Chief Inspector may determine the Machinery number and qualifications respectively (according to the ^equateiy several certificates of competency prescribed) of the manned by persons who shall be employed in operating, at any one operatives, and the same time, any machinery to and with respect to which section fifteen of this Act applies. Such a determination shall, according to the situation and class of machinery in question, require to be employed in operating, at any one and the same time, that machinery so many persons respectively having such qualifications as will, in the opinion of the Chief Inspector, enable each and every one of those persons to discharge his respective duties efficiently and without danger to any person or risk to that machinery or any of it. j . An owner of machinery shall comply in every respect with a determination as aforesaid made by the Chief Inspector with respect to that machinery. ' .

322 LABOUR. P art III — M easures for S ecuring Inspection of Machinery Act. 15 G eo . VI. No. 33, S afety in the O peration of M achinery . (2.) For the purposes of safety, every engineer or engine-driver in charge of a plant in which two or more machines to and with respect to which section fifteen of this Act applies of an aggregate capacity of ten thousand horse-power or more are in operation during any shift shall for the whole period of that shift be provided with an assistant who shall be qualified under this Act to take charge of the whole of that plant in the event of an accident occurring to such engineer or engine-driver in charge. This subsection does not apply to periods of change over from one machine to another machine. Traversing parts of self-acting machinery. Self-acting Machinery. 20. No traversing part of any self-acting machinery and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of eighteen inches from any fixed structure not being part of the machinery. This section applies to and with respect to any self-acting machinery, whether or not specified for the time being in the First Schedule to this Act. Engines. Fencing of Machinery. 21 . ( 1 .)- (a) Every fly-wheel directly connected with any engine, whether in an engine-house or not; (b) Every moving part of any engine likely to endanger any person liable to pass near-by, and every hoist or lift near to which any person is liable to pass, whether such person passes in the course of his employment or otherwise; and (c) Every wheel-race, shall be securely fenced. Trans­ mission machinery. (2.) (a) Every part of any transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working with respect thereto as it would be if securely fenced. (6) No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of any transmission machinery.

LABOUR. 323 ------------ _----------------------------------- !--------------------------------------------------------------------------- “ P art III.— 1951. Inspection of Machinery Act . ! ; for SBcuwNa S afety in the O peration (c) Suitable striking gear or other efficient mechanical01 M achinerk appliances shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of any transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from ■creeping back on to the fast pulley. ( d ) Where the Chief Inspector is satisfied that owing to special circumstances the fulfilment of any of the requirements of paragraphs ( b ) and (c) of this subsection is unnecessary or impracticable, he may by order direct that the requirement shall not apply in those circumstances. (3.) (a) Every dangerous part of any machinery Machinery other than engines and transmission machinery shall be °ngineahand securely fenced unless it is in such a position or of such transmission construction as to be as safe to every person employed machmery• or working with respect thereto as it would be if securely fenced: Provided that, in so far as the safety of a dangerous part of any such machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this subsection shall be deemed to have been complied with if a device is provided^ which automatically prevents the operator from coming into contact with that part. ( h) Where the Governor in Council is satisfied that there is available and suitable for use in connection with any machinery of any class any type or description of safety device which:— (i.) Prevents the exposure of a dangerous part of machinery whilst in motion ; or (ii.) Stops any machinery forthwith in case of danger, he may make regulations directing that the type or description of device shall be provided for use in connection with such class of machinery as may be specified in the regulations : Provided that, in any proceedings in respect of any contravention of such regulations, it shall be a sufficient defence to prove that a device at least equally effective was being used in connection with the machinery in respect of which the contravention occurred.

324 LABOUR. P art III.— M easures for S ecuring Inspection of Machinery Act. 15 G eo . VI. No. 33, S afety in the O peration ' of M achinery . (c) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in a position as to be as safe to every person employed or working with respect thereto as it would be if securely fenced. (d) The Governor in Council may, as respects any machinery or any process in which any machinery is used, make regulations requiring the fencing of materials or articles which are dangerous while in motion in the machinery. stopping (4.) Efficient devices or appliances shall be provided an starting an(j majntained with respect to all machinery by which machinery, such machinery may be immediately stopped or started. taCenondnasnmtcraeuicnot­fion pursu( 5a. n) cAe lloffetnhceinpgroavnisdionosthoerf tshaifsegsueacrtidosn psrhoavlildebde oinf fencing. substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all such conditions as may be prescribed are complied with. Application, (6.) This section applies to and with respect to of section. all machinery, whether or not specified for the time being in the First Schedule to this Act. when 22. (1.) If an inspector is of opinion that any may^equire machinery or any part of machinery— machinery (a) Is not securely fenced or otherwise &c. sufficiently guarded ; and (b) Is likely to cause loss of life or bodily injury to any person, he shall give to the owner of the machinery a notice in writing in the prescribed form requiring that owner to, within the period of time stated in that notice, securely fence or otherwise sufficiently guard, as specified in that notice, the machinery or part of machinery in question. (2.) An owner of machinery— (a) Shall, within the period of time specified in a notice given to him under subsection one of this section, securely fence or otherwise sufficiently guard that machinery or any part thereof in compliance in every respect with the requirements of that notice; and

LABOUR. 325 ------------------------------------------------------------------------------------------------- :------------------------------------------------------------------------- :— P art III.— 1951. Inspection of Machinery Act. fo ^ securinu 1________ ;_______________________;______________________ ;________________________________________________________________ S afety in • the O peration (b) Shall, at all times after the expiration of the 0F MACHINKRr- period of time specified in that notice, keep that machinery or any part thereof! securely fenced or otherwise sufficiently guarded in compliance in every respect with the requirements of that notice. (3.) If the fencing or other sufficient guard specified in such a notice is (at any time when the machinery or part of machinery, the subject of the notice, is in motion) not maintained in compliance in every respect with the requirements of the notice, then that machinery or part, as the case may be, shall be deemed as at that time to be not securely fenced or otherwise sufficiently guarded in compliance in every respect with the requirements of that notice. 23. (1.) A person shall not damage or remove any Damaging fence, guard, or other protection placed, erected, or^”™^^18 maintained in pursuance ofa requirement of a provision of ’ this Act or ofa notice, order, or direction by an inspector. Upon convicting for an offence under this section, the adjudicating court may, in addition to punishing that offence, order the offender to pay such sum as the court deems necessary to cover the cost of replacing or repairing the fence, guard, or other protection to which the conviction relates. (2.) A person shall, at any and every time when he is working a machine, maintain in position any and every fence, guard, or other protection required to be maintained with respect to that machine pursuant to a provision of this Act or of a notice, order, or direction by an inspector. Faulty, defective and dangerous machinery. 24. (1.) Where any machinery, ' or any part or Faulty or arrangement thereof, is or appears to an inspector to machinery- be faulty or defective in any particular, or so dangerous as to be likely to cause loss of life or bodily injury to any person, he may give to the owner of that machinery a notice in writing to that effect, and such notice may require the owner either— 1 (a) To wholly desist from working or using such machinery forthwith, or after a date to be stated jin such notice, until certain replace­ ments, repairs, or alterations as stated in the notice have been effected ; or

/ 326 LABOUR. P art III.— MEASURES FOR SECURING S afety in the O peration of M achinery . Inspection of Machinery Act. 15 G eo . VI. No. 33, ( b ) To have certain replacements, repairs, or alterations as stated in the notice effected within the time specified in such notice. In addition to the matters specified in this subsection, a notice under this subsection may require the owner of the machinery to refrain from selling, hiring, or otherwise disposing of, or parting with the possession of, such machinery until the requirements of the inspector as specified in such notice have been complied with. (2.) A person to whom such notice has been given shall comply in every respect with the requirements of that notice. Dangerous machinery. 25. (1.) On complaint by an inspector, and on being satisfied that any machinery is in such a condition that it cannot be used without danger of loss of life or 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 make an order as aforesaid under this subsection and such order shall be lawful unless and until it is revoked by the Chief Inspector. (2.) An owner shall not use or permit of allow to be used any machinery at any time when the use of that machinery is, prohibited by an order under this section. Doorways. Doorways, hoists, and lifts. 26. Any and every doorway above ground level and any and every opening in any floor in any place, used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced. The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the doorway or opening, be kept in position. Protection of hoists and lifts, &c. 27. (1.) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person faffing down the way or coming into contact with any moving part of the hoist or lift.

LABOUR. 327 .......... ""...... ; P art III.— 1951. _ Inspection of Machinery Act. - • - : for seotrinc . S afety in the O peration (2.) Any such gate as aforesaid shall be fitjted with0F MA0HLN’ERY- efficient interlocking or other devices to secure jthat the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed : Provided that in any case where the Chief Inspector considers that it is not reasonably practicable to fit with such devices as aforesaid, it shall be sufficient if the gate is provided with such arrangements as will secure the aforesaid objects so far as is reasonably practicable, and in any event is kept closed and fastened except when the cage or platform is at rest at the landing. (3.) Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift. (4.) There shall he marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than that load shall be carried on that hoist or lift. (5.) The provisions of this section shall not apply to any continuous hoist. (6.) If it is shown to the satisfaction of the Chief Inspector that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway or liftway, he may by order direct that such requirement shall not apply as respects that class or description. (7.) If a lift or hoist in any place, or any machinery Unsafe or connected with any such lift or hoist, is considered by an u“gerous inspector to be dangerous to use, he may by order in writing prohibit the occupier of the place and owner of the lift or hoist, or either of those persons, from using that lift or hoist until the same or that machinery has been made safe to the inspector’s satisfaction. I An occupier or owner as aforesaid shall not use or permit or allow to be used a lift or hoist at any time when the use of that lift or hoist is prohibited by an order under this subsection. !

328 LABOUR. P art III.— M easures FOR SECURING S afety in the O peration of M achinery . Inspection of Machinery Act. 15 G eo . VI. No. 33, Restrictions on employment offemales and males. t Restrictions 28. (1.) A male person under eighteen years of age employment or a female under twenty-one years of age shall not have of females the care, custody, management, or working of any lift. and males. v (2.) A person under sixteen years of age shall not work at or attend to any machinery or class of machinery operated - hy gas, steam, water, or other mechanical power. (3.) A male person under eighteen years of age or a female shall not— (a) 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 manufacturing machinery; or (b) Work between the 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) Take charge of or have the control of any engine or steam generating boiler: . Provided that a female not under the age of twenty- one years may take charge of or have the control of a steam generating boiler not exceeding three horse-power and used for or in connection with dairying on a dairy farm. (4.) No female worker, unless her hair is cut short or securely fixed and confined close to her head by a net or otherwise, and no worker wearing any apron or loose garment, shall work, or be allowed to work, in any position where the worker is likely to come into direct contact with any moving machinery. P art IV.— I nspection of M achinery . P art IV.—I nspection of M achinery . when 29. (1.) Any and every boiler shall be inspected at machinery jeagt once jn every prescribed period, or more often inspected, as directed by the Chief Inspector. (2.) All steam gauges shall be inspected, tested, and corrected as often as directed hy the Chief Inspector. (3.) All other machinery shall be inspected at least once in every prescribed period, or more often as directed by the Chief Inspector.

1951. LABOUR. Inspection of Machinery Act . 329 P art IV.— I nspection op M achinery . (4.) (a) Upon inspecting under and for the pur­ poses of this Act any motor vehicle in respect of which an application shall have been made, or is intended to be made, for the issue or renewal of— (i.) A license to hire of any kind under * “ The Traffic Act of 1949 ” ; or (ii.) A certificate of approval under f “ The State Transport Facilities Acts, 1946 to 1951,” for use in carrying on any licensed service, an inspector shall further inspect that motor vehicle for the purpose of determining whether or not the same is constructed and equipped in compliance in every respect with the requirements of— (iii.) In the case of such a license to hire the pro­ visions applicable, according to the kind of that license, of *“ The Traffic Act of 1949,” and the Regulations thereunder ; and (iv.) In the case of such a certificate of approval the provisions applicable, according to the' description of the motor vehicle in question, of f “ The State Transport Facilities Acts, 1946 to 1951,” and the Regulations thereunder. (6) If upon such further inspection the inspector is satisfied that the motor vehicle in question complies in every respect with the applicable requirements as specified in paragraph (a) of this subsection of * “ The Traffic Act of 1949 ” and the Regulations thereunder, or, as the case requires, of f “ The State Transport Facilities Acts, 1946 to 1951,” and the Regulations thereunder, then the inspector shall certify accordingly in or to the effect of the prescribed form. That certificate shall be proof of the compliance certified to therein and no person or authority empowered to issue or renew the license to hire under * “ The Traffic Act of 1949,” or the certificate of approval under f “ The State Transport Facilities Acts, 1946 to 1951,-” in relation to which that certificate has been issued by the inspector shall require any further or other proof of that compliance. * 13 G. 6 No. 26. t 11 G. 6 No. 17 and amending Acts. <

330 P art IV.— I nspection of M achinery . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, May be inspected at any reasonable time. 30. Unless there is reason to believe that the provisions of this Act are not being complied with, or that danger of accident exists, any and every 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, and so as not unnecessarily to impede the working or use of any machinery. Standards and appliances to be provided. 31. The Chief Inspector shall provide each inspector with proper standards and appliances by which all pressure gauges can at any time be compared and tested, and with all other appliances necessary with respect to carrying out inspections required by this Act to be made, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit. Fees for 32. (1.) For the inspection of machinery for the inspection. purpose of the granting of a certificate, there shall be 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 and shall be paid as prescribed. (3.) An inspector shall not, in respect of any inspection made or other duty performed by that inspector under this Act, demand or receive (directly or indirectly) from any person any money or other valuable consideration. Any inspector guilty of an offence against this subsection shall, in addition to the prescribed punishment, be liable to forfeit his office, and shall not be eligible for reappointment. Notice of inspection of boilers. 33. (1.) An inspector who intends to make an internal inspection of any boiler shall give the owner at least fourteen days’ prior notice in writing of the time at which that inspection will be made. (2.) The owner shall for the purposes of that inspection cause— (i.) The boiler to be emptied and cool and cleaned inside and outside; (ii.) All flues and uptakes connected with the boiler to be swept clean ;

1951. LABOUR. Inspection of Machinery Act. 331 P art IV.— I nspection of M achinery . (iii.) All fire bars and fire bridges and fusible plugs to be removed; (iv.) All blow-off and other cocks to be cleared ; (v.) All safety valves and check valves and injectors to be opened up ; and (vi.) If required by the inspector, any brickwork or masonry in contact with the boiler to be removed. (3.) The owner of a boiler shall keep that boiler effectively disconnected from any steam or hot water communication with any other boiler at all times— (i.) During any internal inspection of that boiler by an inspector; (ii.) While any person who is sent by the owner into, or with the owner’s consent enters, the boiler for any purpose connected therewith is in that boiler. . (4.) The inspector may, in addition to any other test, test any boiler by hydraulic pressure if he considers it necessary to do so, and shall send a record of, and the reasons for, and the result of, the test to the Chief Inspector: Provided that the hydraulic pressurie shall not exceed the authorised working pressure of the boiler. (5.) The inspector may also, if he deems it necessary so to do, cause such holes to be drilled in or through any part of any boiler as he deems necessary, in order to test the thickness thereof. The owner shall cause the holes to be screw-plugged and sealed to the satisfaction of the inspector. (6.) The person who is the attendant upon or who is in charge of any boiler which is being inspected shall remain with the inspector during such inspection, and shall be held responsible for closing up the boiler preparatory to raising steam. (7.) A person shall comply in every respect with a requirement binding upon him of this section. 34. (1.) On the first inspection of any and every Record of boiler, the inspector shall make a record of the following . particulars with respect to the same, namely :— inspection, (i.) The name and address of the owner; (ii.) The type of the boiler ;

332 P art IV.— I nspection of M achinery LABOUR, Inspection of Machinery Act. 15 G eo . VI. N o . 33, (iii.) The age, materials, dimensions, and construction of the boiler ; (iv.) The name of the maker (if known); (v.) The working pressure recommended by the inspector; (vi.) The state and condition of the boiler generally, and of all appliances used in connection therewith; . (vii.) The fitness of the boiler and such appliances for the particular purpose for which they are used or are intended to be used ; and (viii.) Such other particulars as may be prescribed. iM^oticTn* (2.) On each inspection of a boiler after the first mapec ion. jngpect,jon thereof, the inspector shall carefully make a comparison with the records of preceding inspections, and shall record any changes which have occurred since the next preceding inspection. If any change has occurred, or any alteration has been made, or any repairs have been effected in or to 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. Certificate inspection, 35. (L) Where an inspector has inspected any machinery and is satisfied— (a) In the case of a boiler, that the same is in good repair and may be safely used for the purpose for which it is then used or is intended to be used ; or (b) In the 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 or is intended to be used ; he shall report to the Chief Inspector accordingly, who shall thereupon, and upon payment of the prescribed fee, cause to be granted to the owner thereof a certificate and, in the case of a first inspection of boiler, to be issued to that owner a metal plate in the prescribed form and stamped with the prescribed particulars.

1951. LABOUR. Inspection of Machinery Act. 333 P art IV.— I nspection of M achinery . (2.) The owner, upon receiving with respect to aMetaipiate boiler the aforesaid certificate and metal plate— (a) Shall forthwith cause to be affixed, on such40 boiler- conspicuous part of that boiler as shall have been approved by the inspector, that metal plate; and ( b) Shall, until the date thereafter when a fresh such plate is issued by the Chief Inspector with respect to that boiler, keep that metal plate so affixed. (3.) If upon the second or any subsequent inspection of a boiler, the inspector in his report recommends a reduction in the working pressure, the Chief Inspector shall with the certificate of that inspection issue to the owner a fresh metal plate as aforesaid. Subsection two of this section shall, subject to any necessary adaptations thereof, apply with respect to any and every such fresh metal plate. ' (4.) An owmer shall not permit or allow a metal plate issued under this section with respect to any boiler to remain affixed in any manner whatsoever to that boiler at any time after a fresh such plate has been issued under this section with respect to that boiler unless that firstmentioned plate shall have been defaced by an inspector. (5.) A person shall not affix or permit or allow to remain affixed to a boiler, any plate or other thing purporting to be, or capable of being taken to be, contrary to the fact, a metal plate issued under this section with respect to that boiler. 36. (1.) The owner of any boiler or other machinery Certificates shall cause to be exhibited and at all times kept exhibited exhibited, in some conspicuous position as determined by the inspector where the same can be seen by all persons working at or with the machinery when so working the following, namely:— (i.) The certificate of inspection granted under this Act with respect to that boiler or other machinery; and . (ii.) A copy of the certificate of competency of the person in charge of that boiler or (where the authority of a certificate of compjetency under this Act is required for taking bharge of any other machinery) that certificate.

334 P art IV.— I nspection of M achinery . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, The owner shall for the purposes of the exhibition as aforesaid of the said certificate of inspection and copy of the certificate of competency cause the same respectively to be framed and to be kept at all times framed to the satisfaction of the inspector in frames each having a clear glass front. (2.) This section does not apply to travelling traction or portable machinery ; but the certificates in respect of the same shall be in the possession of the person in charge, who shall, upon demand by an inspector or by a person authorised by the Chief Inspector, produce the same. Durationof 37. The certificate of inspection granted under this oniipectlon. Act with respect to any boiler or other machinery shall, unless sooner cancelled or suspended under this Act, remain in force for such period (not exceeding the period prescribed) as the Chief Inspector thinks fit, which period shall be stated on the certificate : Provided that— (а) No certificate of inspection shall have any force if after inspection and without the prior approval in writing of the Chief Inspector or of an inspector any material alteration or addition has been made in or to the boiler or other machinery mentioned therein ; and (б) The Chief Inspector may at any time cancel or suspend any such certificate of inspection where he deems it necessary for the safety of the public or of any person or persons so to do, and after such cancellation, or during such suspension, the certificate shall have no force. Owner not to use machinery without a certificate. 38. The owner shall not— (i) Use or permit or allow to be used, any machinery unless with respect to that machinery a certificate of inspection under this Act has been granted and is in force; or (ii.) In the case of a boiler, work or permit or allow to be worked, that boiler at a higher pressure than that stated in the certificate with respect to that boiler granted under this Act and in force.

1951. LABOUR. Inspection of Machinery Act. 335 P art IV.— I nspection op M achinery . inspe 3 ct 9 o . r ( t1h.a) - t— If upon inspection it appears t| o the Nroewoqntuiecirreintog (a) A boiler is not fitted with safety valves, desist using appurtenances, fittings, and connections, as wholly or prescribed or required by the Chief Inspector; partially‘ or (b) The use or continued use of a boiler in its then existing state would be dangerous to life or property, he shall give to the owner a notice in the prescribed form. (2.) Such notice may either require the owner— (а) Not to use the boiler on and from a date to be fixed in the notice until certain repairs, additions, or alterations as specified in the notice have been effected ; or (б) Not to use the boiler on and from a date to be fixed in the notice, except below a pressure to be stated in the notice, until pertain repairs, additions, or alterations as specified in the notice have been effected. j (3.) An owner shall not use or permit or allow to be used a boiler contrary in any respect to the require­ ments of a notice under this section. 40. Every boiler shall be fitted with — Safety (i.) A safety valve of sufficient area or, if required for boilers. ’ by the Chief Inspector, two or more such valves : one of such valves or, if there is only one such valve, that valve shall be covered over and sealed, 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; (ii.) Two protected gauge glasses, or one protected gauge glass and two test cocks; (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 ; j (iv.) A cock to fit the coupling of the inspector’s test gauge ; and i

336 PART IV.— I nspection op M achinery . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, (v.) Any other appurtenances, fittings, or con­ nections that may be prescribed. Such appliances as are approved by the Chief Inspector shall be provided in respect of any and every water gauge glass situated more than eight feet above ground level, so as to ensure that the correct water level shall be readily determinable. The Chief Inspector may require that any boiler shall be fitted or provided with any appurtenances, fittings, or connections, in addition to those required under the foregoing provisions of this section, as he deems necessary. The owner shall comply in every respect with a requirement under this section of the Chief Inspector. When owner to obtain approval before repairing boiler, &c. 41. (1.) The owner shall not, without the prior approval in writing of the Chief Inspector or of an inspector, effect, or permit or allow to be effected, to a boiler any work or repairs whereby the construction of that boiler is altered in any manner whatsoever, or whereby any fitting, appliance or thing is added to or taken away from that boiler. (2.) This section does not apply to work or repairs ordered under this Act by the Chief Inspector or by an inspector to be effected to a boiler. Authorised working pressure of boilers coupled together. 42. When two or more boilers are coupled together, and the authorised working pressure of the boilers is not the same, the working pressure of none of the boilers shall exceed the working pressure of the boiler having the least authorised working pressure, unless a reducing valve and a relief valve of ample diameter (if two boilers) or reducing valves and relief valves of ample diameter (if more than two boilers) are used subject to the approval of the Chief Inspector. Penalty on increasing pressure in boiler. 43. A person who by any means does anything to increase or which tends to increase the pressure on any safety valve of a boiler beyond the working pressure stated in the certificate of inspection of that boiler (or, in the case of a boiler required by a notice under section thirty-nine of this Act not to be used except below a pressure stated in that notice, beyond that stated pressure) shall be liable to a penalty not exceeding one hundred pounds or to be imprisoned for any period not exceeding six months.

1951. LABOUR. Inspection of Machinery Act . 337 P art IV.— I nspection of M achinery . . The person in charge of any boiler when such Pre- , increased pressure is discovered shall be presumeji to be sumptlon‘ guilty of an offence within the meaning of this section. 44. (1.) The Chief Inspector may by notice inspection delivered to the owner of any motor vehicle, require vehicled that owner to produce that motor vehicle for inspection upon a day and at a time and place stated in that notice. (2.) An owner of a motor vehicle— (a) Who fails to produce that motor vehicle for inspection in terms of a notice as aforesaid ; or (b) Who in any way obstructs or interferes with the inspection by an inspector of that motor vehicle, > shall be guilty of an offence under this Act. . (3.) Where by a notice under this section the production for inspection of a motor vehicle shall have been required, sections twenty-four and twenty-five of this Act shall, by virtue of that notice and notwith­ standing any provision of any other section of this Act, apply, subject to all necessary adaptations, with respect to that motor vehicle. (4.) This section applies to any and every motor vehicle whether or not specified for the time being in the First Schedule to this Act. P art V.— D uties and L iabilities of O wnebs . P art V.— D uties and L iabilities of O wners . 45. (1.) When the owner sells, leases, lets on hire, Notice of or otherwise, in any manner whatsoever, disposes of any lettinl of machinery, he shall forthwith deliver a notice in writing machinery, of the fact to the Chief Inspector, stating the name, occupation and abode of the person, if any, to whom such sale, leasing, letting on hire, or other disposition has been made. (2.) The owner of any boiler (other than a portable Notice of boiler) which has been removed from the situation of stated in the notice in writing then latest delivered r' under section fourteen of this Act, or from the situation stated in the then latest notice in writing delivered under subsection one of this section in respect thereof, for a longer period than thirty days, shall, within seven days immediately succeeding the expiration of such thirty days, deliver a notice in writing to the Chief Inspector giving particulars of the removal.

338 LABOUR. P art V.— D uties and L iabilities of O wners . Inspection of Machinery Act. 15 G eo . VI. No. 33, naOfawfmixneeedrt’ostobe boile4r 6o. r pTohretaobwlenemracohfinaenryy wpohritcahblies tsrtaevaemlledenfgoirnehiorer pemnoagrctihnabienloeerry. pshaainlltehdatvheerehoisn. name and residence legibly affixed or Nocouont. tracting empl4oy7e.e Naogaoiwnsnteranoyf mliaacbhiliinteyryunsdhearll tchoinstrAacctt. with any Abstract of 48. Any and every owner of machinery shall cause bAecpt,o&stee.d, utop, to be affixed and maintained, in such place or places as the inspector directs, the prescribed abstracts of this Act. When 49* (1 •) Any and every owner ofmachinery which is run rtoecboerdkbepoot.k continuously or for more than one watch or shift per day shall provide and maintain as directed by the Chief Inspector a record book for recording essential information regarding the running and repair of the machinery. (2.) Any and every person who during a shift or watch is in charge of machinery to which this section applies, shall record in the record book provided for that purpose all essential information regarding the running and repair of that machinery. (3.) Except as required under the next succeeding section of this Act a person shall not make in a record book provided under this section with respect to machinery any entry or record whatsoever unless he is qualified under this Act to take charge of that machinery and the entry or record made therein by him relates to a time when he is so in charge. When 50. When a person authorised by a certificate of e&ncg.i,nmeeary, competency under this Act to be in charge of any require machinery and so in charge is required by the owner to do winrsittrtuenction. or refrain from doing any act, matter, or thing with respect to that machinery and compliance with that instruction would, in his opinion constitute either a risk of accident to persons, or machinery, or to both persons and machinery, or a breach of any provision of this Act, that person may require that the requisition be given in writing, or, when a record book is required to be kept, be written in the record book and in either case to be signed by that owner.

1951. LABOUR. Inspection of Machinery Act. 339 P art VI — I nquiries as TO ACCIDENTS. P art VI.—I nquiries as to A ccidents . Limitation 51. The provisions of this Part of this Act do not of this Part. apply with respect to any mine subject to * “ Th6 Mines Regulation Acts, 1910 to 1945,” or f “The Coal Mining Acts, 1925 to 1950,” or with respect to any incident to which Part V. of $ “ The Traffic Act of 1949 ”. applies. 52. Where loss of life or serious bodily injury £"sP®'^dto to any person by reason of the explosion of a boiler, or ^ accent, by reason of an accident caused by machinery, occurs at or in any place where there is machinery (whether or not specified for the time being in the First Schedule to this Act), the owner of the machinery shall forthwith give notice to the Chief Inspector or an inspector specifying the cause of the accident, the precise locality where it occurred and the name of any and every person injured or killed. . mach5in3e.ry( 1. ( ) wIhneththeer eovrennottosfpaencifaiecdcidfoerntthheaptipme<i l ‘ in i b° g ei. n tO g Icanaccuqisudeieronyft.into in the First Schedule to this Act), or where any loss of life or serious bodily injury to any person has o<icurred as in the last preceding section mentioned, the IN linister may direct an inquiry to be held before a court constituted by a stipendiary magistrate and, if the Minister thinks fit, a person skilled in the use and construction of such machinery. (2.) The court shall have power to hold such inquiry at such times and places as the Minister appoints. (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 circumstances 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. * 1 G. 5 No. 24 and amending Acts, t 16 G. 5 No. 30 and amending Acts, t 13 G. 6 No. 26.

340 PART VI.— I nquiries as to A ccidents . LABOUR. ? Inspection of Machinery Act. 15 G eo . VI. No. 33, (6.) The court shall have, for the purpose of such inquiry including the summoning, attendance, and examination of witnesses thereat, all the powers which are possessed by any two justices under * “ The Justices Acts, 1886 to 1949,” in the case of summary proceedings upon complaint and those lastmentioned Acts shall, subject to all necessary adaptations thereof, apply and extend accordingly. (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 subpoena 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 1949.” (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. P art VII.— C ertificates of C ompetency . VII.— P art C ertificates of C ompetency . Board of 54. (1.) Subject to this Act, examinations for Examiners. certificates of competency under this Act shall be conducted, controlled and regulated by a Board of Examiners constituted by four members as follows, namely:— (a) The Chief Inspector who shall be chairman; (b) A holder of an engineer’s certificate; * 50 V. No. 17 and amending Acts.

1951. LABOUR. Inspection of Machinery Act. 341 P ast VII.— C ertificates of ' C ompetency . (c) A holder of a first class engine driver’s certificate ; and (d) A holder of an “A” grade motor mechanic’s certificate who is qualified to hold that certificate both by examination and by having served the specified apprenticeship. ' (2.) The Governor in Council shall by notification published in the Gazette, and may upon the passing of this Act, appoint the members of the Board which shall be deemed to be constituted upon the first such appointment of the members thereof. (3.) Each and every member of the Board, except a member appointed to fill a casual vacancy thereon, shall hold office as a member thereof for the period specified in the notification of his appointment unless he shall be sooner removed from that office by the Governor in Council (the Governor in Council being hereby authorised to remove any such member from office) upon the grounds of incompetency, incapacity by reason of bodily or mental ill-health, loss of his qualification for such membership, or other prescribed cause. Subject to the liability to be removed from office by the Governor in Council as aforesaid, a member appointed to fill a casual vacancy on the Board shall hold office thereon for the remainder of the term of the member in whose room he shall have been appointed. (4.) Subject as may be otherwise prescribed, at a meeting of the Board two members shall form a quorum. 55. Subject to this Act, such Board shall have classes or power to grant the following certificates of competency, ^^eates namely: — of 1. Engineer’s certificate ; competency. 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; 8. Hoist-driver’s certificate; 9. First class internal combustion certificate ;

342 PART VII — C ertificates of C ompetency . LABOUR. Inspection of Machinery Act. 15 G eo . YI. N o . 33, 10. Second class internal combustion certificate; 11. First class refrigeration certificate; 12. Second class refrigeration certificate; 13. “A” grade motor mechanic’s certificate; 14. “B” grade motor mechanic’s certificate ; 15. Any other prescribed certificate. Board to observe this Act. 56. (1*) Subject to the rules set out in the Second Schedule to this Act, a person shall be entitled to be granted by the Board, and the Board shall grant to a person, any certificate of competency under this Act if, but only if, that person proves to the satisfaction of the Board— (а) That he is resident in Queensland and is of good repute; (б) (Except in the case of such a person with respect to whom the said rules expressly state that the certificate in question may be granted without examination) that he has duly passed the qualifying examination prescribed with respect to that certificate ; (c) That he is otherwise qualified in every respect as prescribed in respect of that certificate by the said rules ; and that person has paid the fee prescribed in respect of that certificate and, where thereunto required by the said rules, has produced to the Board a medical certificate as prescribed. (2.) The onus of satisfying the Board in every respect that he is entitled under this Act to any certificate shall lie upon the applicant therefor and the Board shall not grant such a certificate until it is so satisfied. Rules 57. (1.) The rules set forth in the Second Schedule rceelrattifiincgatteos to this Act shall apply to and with respect to the granting, of suspension, and cancellation, and the status of all competency. certificates of competency under this Act, and shall be observed by the Board and all persons concerned. But those rules shall not be construed to prevent or limit the making of regulations (not inconsistent with those rules) for the purpose of giving full effect to this Act. (2.) The Governor in Council may from time to time by Order in Council published in the Gazette amend the said Second Schedule by revoking, amending,

LABOUR. 343 1951. Inspection of Machinery Act. P ari VII.— C ertificates of C ompetency . varying, altering or otherwise modifying any of tlfe rules therein set out or by adding to that Schedule any other rules (whether in addition to or substitution fpr any rules set out therein) and the said Schedule as so amended shall thereupon become for the time being the Second Schedule to this Act and shall have effect accordingly: Provided that— (a) Such an amendment shall not have effect until the expiration of a period of three months next succeeding the publication in the Gazette of a notice of intention to make same and setting out particulars thereof; and • (6) Such an amendment shall not be made so as to exempt from qualifying by examination any applicant for a certificate of competency who is required by rules set out in the said Schedule as enacted in this Act to so Qualify. 58. (1.) Where it appears to the Board that the Suspension holder of a certificate granted under, or continued in cancellation force by this Act is guilty of any offence under tlis Act, of certmoate. or of misconduct, or inefficiency, or has developed any symptom of epilepsy or other serious complaint which would render him unfit to be trusted to efficiently perform his duties as such holder, the Board may call upon him to show cause why his certificate should not be cancelled. (2.) The Board may, if he fails to show cause as aforesaid to its satisfaction, by order published in the Gazette, suspend his certificate for such period as they think fit, or cancel such certificate ; and the order of the Board shall be final and conclusive. i (3.) Cause as aforesaid may be shown in writing blit the Board shall not cancel or suspend under this section any certificate unless and until the holder thereof has been given by it opportunity to appear in person before the Board and to be heard. VIII.— P art O ffences and P roceedings . PART VIII.— O ffences and P roceedings . 59. (1.) Where, with respect to any machinery, an Liabilities act, matter or thing required by a provision of this Actof owners- to be done is omitted to be done, or an act matter or thing the doing of which is prohibited by a provision of

344 P art VIII.— O ffences and P roceedings . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, this Act is done, then the owner shall be deemed to have omitted to do the act, matter or thing so required to be done or, as the case may be, to have done the act, matter or thing so prohibited from being done, and shall be liable to be charged and, upon conviction, punished therefor as an offence by him under this Act except in the case of such a provision which specifies that some person other than the owner is thereby required or prohibited as aforesaid : . Provided that where an offence under this Act with respect to machinery is committed under such circumstances that any owner under and within the meaning of this Act of that machinery did not know, and could not by the exercise*of due diligence have known, of the commission thereof, then that owner shall not be liable to be punished for that offence unless when it was committed the machinery in question was under his immediate power and control: Provided further that a lessor, hirer, lender, or mortgagee of machinery shall not be liable to be punished for an offence under this Act with respect to that machinery unless when that offence was committed he was in actual possession of that machinery or it was under his immediate power or control. The term “ immediate power or control ” means, in relation to any of the persons specified in the foregoing provisoes to this subsection, that the machinery in question was at the relevant time being worked or used by that person personally or by another person or other persons under his orders or directions and for his sole or joint benefit or profit. (2.) Nothing in this section shall exempt or be deemed to exempt any body corporate 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 that body corporate for the benefit of or on behalf of that body. (3.) Where a contravention of or failure to comply with a provision of this Act for which an owner or occupier is liable under that provision or under a provision of this section is in fact the act or omission of some agent, employee, worker or other person, that owner or occupier shall, notwithstanding any instruction or limitation of authority be deemed to have committed that offence and shall be liable accordingly:

1951. LABOUR. Inspection of Machinery Act. 345 P art VIII.— O ffences and P roceedings . Provided that nothing in this subsection shall limit or affect the liability of the person who aictually committed the offence. 60. Nothing in this Act, or in any certificate Responsi- aranted under this Act, shall relieve the owner of anybUity of„ machinery or any person driving or m charge of any maintained, machinery from liability to or in any action or matter, or from liability to any civil or criminal proceedings; but all rights of parties and all liabilities of all such owners and persons and of all other persons in respect of any machinery shall, except as expressly provided by this Act, remain unaffected by this Act. 61. (1.) Any person who obtains or attempts to obtaining obtain any certificate of competency under this Act by i^proptriy. fraud or fraudulent means shall be guilty of an offence and liable to a penalty of not more than one hundred pounds or to imprisonment with or without hard labour, for any period not exceeding six months. (2.) Every such certificate obtained by fraud or fraudulent means, or which for any other reason whatsoever has not been properly obtained or granted, whether obtained or granted before or after the passing of this Act, may be cancelled by the Board of Examiners, and the holder thereof shall, when called upon by that Board, return such certificate. (3.) A person shall not use any such certificate after notice by the said Board that the same has been cancelled. (4.) When under this Act a certificate of inspection Return of or of competency is cancelled or suspended, then the s^endcd^ person to whom that certificate was granted shall, if certificates, requested by a notice in writing served upon him, deliver forthwith to— (i.) The Chief Inspector, in the case of a certificate of inspection; or (ii.) The Board, in the case of a certificate of competency, that cancelled or suspended certificate and any copy of that certificate which had been issued to him for exhibition purposes.

LABOUR. —-----------------------------------------------------------------------------——----- ------------------ 1951. Inspection of Machinery Act. 365 S chedules . 12. An applicant for a third-class engine-driver’s certificate shall Qualifica- have had experience with steam generating boilers and steam engines app^c^t for a period of not less than twenty-six weeks, computed according to for third- a working time of forty hours per week. class engine- driver’s That experience shall be proved by the evidence of the certificate, certificated engine-driver or engine-drivers under whose direct supervision the candidate has served, but the Board may in its discretion accept the evidence of any other person or persons proving that the candidate has had such experience in cases where for some good reason it is not possible for the candidate to produce that evidence by the certificated engine-driver or engine-drivers as aforesaid. When an applicant applies to a certificatedengine-driver for evidence for the purpose of this Rule, that engine-driver shall furnish him with that evidence as prescribed by this Act, unless he has good grounds for refusing to do so : Provided that the holder of a third-class engine-driver’s certificate granted in pursuance of the provisions of Rule 19 of these rules, and restricted to a particular steam engine or a class of steam engine, who shall have been, since the grant of such restricted certificate, in charge of the particular steam engine, or class of steam engines, to which his certificate is restricted, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week, shall, subject to qualifying therefor by examination, be entitled to be granted, without restriction, a third-class engine- driver’s certificate : Provided further that the holder of a third-class engine-driver’s certificate granted in pursuance of the provisions of Rule 19 of these rules, and restricted to a particular steam generating boiler and its feed water pumps or to a class of steam generating boilers and their feed water pumps who shall have been, since the grant of such restricted certificate, in charge ofthe particular steam generating boiler and its feed water pumps or class of steam generating boilers and their feed water pumps to which his certificate is restricted, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week, and who also shall have had experience with a steam engine or steam engines other than feed water pumps for not less than thirteen weeks, computed according to a working time of forty hours per week shall, subject to qualifying therefor by examination, be entitled to be granted, without restriction, a third-class engine driver’s certificate. 13. An applicant for a crane-driver’s certificate shall have had Qualifica- at least six months’ experience on the class of crane for which thattlon® for certificate is applied for during at least twelve hours per each and forcrane- every week for the said period. A reference signed by the certificated driver’s person under whom he has gained that experience shall be received certificate, as evidence of the facts therein set forth : Provided that the foregoing provisions of this Rule shall not apply in the case of an applicant for a crane-driver’s certificate who is the holder-of a general winding license granted under the provisions of “ The Mines Regulation Acts , 1910 to 1945,” or “ The Coal Mining Acts , 1925 to 1950,” or the holder of a winding engine-driver’s certificate granted under the provisions of “ The Inspection of Machinery and

366 S chedules . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, Scaffolding Acts, 1908 to 1912,” or in the case of an applicant for a crane-driver’s certificate restricted to electric cranes who is the holder of a special winding license (electrical) of general application granted under the provisions of “ The Mines Regulation Acts , 1910 to 1945,” or “ The Coal Mining Acts, 1925 to 1950.” Qualifica­ tions for applicant for hoist- driver’s certificate. 14. An applicant for a hoist-driver’s certificate shall have had at least six months’ experience (during at least twelve hours for each and every week for the said period) in connection with machinery used for the purpose of raising or lowering or otherwise handling men or goods or materials. Qualifica­ tions for applicant for internal combustion certificate. 15. (1.) An applicant for a first-class internal combustion certificate shall— (а) Have been the holder of a second-class internal combustion certificate for a period of at least twelve months, and either— (i.) Since the grant of that second-class internal combustion certificate shall have been in charge of internal combustion engines, a required authority for taking charge of which is a second-class internal combustion certificate, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week ; or (ii.) Since the grant of that second-class internal combustion certificate shall have worked actually assisting the engineer or engine-driver in charge of internal combustion engines, a required authority for taking charge of which is a first-class internal combustion certificate, for a period of not less than one hundred and four weeks, computed according to a working time of forty hours per week ; or (б) Shall have been in charge, either outside the State of Queensland or aboard ship, of internal combustion engines, a required authority for taking charge of which within this State is a first-class internal combustion certificate, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week. (2.) An applicant for a second-class internal combustion certificate shall have had experience with an internal combustion engine or internal combustion engines the area of cylinder or combined area of cylinders of which exceed sixty-four circular inches, actually assisting the certificated engineer or certificated engine-driver in charge for a period of not less than twenty-six weeks, computed according to a working time of not less than twenty hours per week, such experience to be proved by the evidence of the certificated engineer or engineers or the certificated engine-driver or engine-drivers under whose direct supervision the applicant has served ; but the Board may in its discretion accept the evidence of any other person or persons proving that the candidate has had such experience in cases where for some good reason it is not possible for the candidate to produce the evidence of the certificated engineer or engineers or certificated engine-driver or engine-drivers as aforesaid.

1951. LABOUR. Inspection of Machinery Act. 367 S chedules . 16. (1.) An applicant for a first-class refrigeration certificate Qualifica- shall— tion£! for (a) Have been the holder of a second-class refrigeration certificate for first- for a period of at least twelve months and, either class (i.) Since the grant of that second-class refrigeration certificate011 certificate shall have been in charge of refrigerating machinery, a required authority for taking charge of which is a second-class refrigeration certificate, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week ; or (ii.) Since the grant of such second-class refrigeration certificate shall have worked actually assisting the engineer or engine-driver in charge of refrigerating machinery, a required authority for taking charge of which is a first-class refrigeration certificate, for a period of not less than one hundred and four weeks, computed according to a working time of forty hours per week ; or (b) Shall have had charge, either outside the State of Queensland or aboard ship, of refrigerating machinery, a required authority for taking charge of which within this State is a first-class refrigeration certificate, for a period of not less than fifty-two weeks, computed according to a working time of forty hours per week. (2.) An applicant for a second-class refrigeration certificate shall Qualifica- have had experience with refrigerating machinery of not less than five tlon® for tons capacity actually assisting the certificated engineer, or certificated fof seccmd- engine-driver in charge for a period of not less than twenty-six weeks class computed according to a working time of not less than twenty hours refrigeration per week ; such experience shall be proved by the evidence of the certlficate' certificated engineer or engineers or certificated engine-driver or engine-drivers under whose direct supervision the candidate has served; but the Board may in its discretion accept the evidence of any other person or persons proving that the candidate has had such experience in cases where for some good reason it is not possible for the candidate to produce evidence by the certificated engineer or engineers or certificated engine-driver or engine-drivers as aforesaid. 17. (1.) An applicant for an “ A” grade motor mechanic’s Qualifica- certificate— . t a l p o p n l f i . c f a o n r t ,. (a) Shall have held a “ B ” grade motor mechanic’s Certificate for an “A” for a period of at least twelve months, and during that grade motor time shall have been employed as a motor mechanic in a mechanic’s reputable motor garage or workshop where inte-r--n-a1l cer 1 ca e* combustion engines are made, repaired, or serviceed ; or ( 6 ) Shall have worked for at least nine years as a motor mechanic in a reputable motor garage or workshop where internal combustion engines are made, repaired, or serviced. (2.) An applicant for a “B” grade motor mechanic’s certificate Qualifica- shall have served an apprenticeship to motor engineering for a period applicant of at least four years or shall have worked for a period of at least four for a “B” years as a motor mechanic in a reputable motor garage or workshop grade motor where internal combustion engines are made, repaired, or serviced, mechanic’s certificate.

368 S chedules . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, coSeftrattiufiscaotfes to dr1i8v.e ( aI.n)dAhnavenegcinheaergr’es coefrtaifniycamteaschhailnl earuyth( oinricsleudthineghaonldyerbothileerreoofr competency. boilers) to and with respect to which section fifteen of this Act applies, Ecenrgtiifniceaetre’s. oprrohviisderedptrhesaetnstautcihvemisacshaitnisefriyedisthsoe seintugainteeder tchaant ftrhoemCshuiecfh Isnistupaetcitoonr efficiently discharge his duties without danger to any person or risk to such machinery or the attendant plant. First-class engine- driver’s certificate. (2.) A first-class engine-driver’s certificate shall authorise the holder thereof to drive and have charge of any steam engine or steam engines and steam machinery (including any boiler or boilers) to and with respect to which section fifteen of this Act applies, provided that such steam 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 steam machinery or the attendant plant. ceSSneeergcctooiinfnnieddcea- - rcct’ ellsaa; ssss ocfe— rtif(i3c.a)teAshasellcoanudth- colraissse theneghinoeldeer’rs thoerresoefctoondd-rcilvaessanednghianvee- dcrhivaergr’ es engine- (i.) Any steam engine or steam engines to and with respect to driver’s certificate. which section fifteen of this Act applies and its or their attendant steam machinery (including the steam generating boiler or boilers and feed water pumps attached to such machinery) where the area of cylinder or combined area of cylinders of such engine or engines and its or their machinery, does net exceed five hundred circular inches ; or (ii.) Any steam engine or steam engines to and with respect to which section fifteen of this Act applies and its or their attendant steam machinery (including the feed water pumps attached to such machinery but not including the steam generating boiler or boilers) where the area of cylinders or combined area of cylinders of such engine or engines and its or their machinery does not exceed seven hundred and fifty circular inches; or (iii.) Any boiler or boilers to and with respect to which section fifteen of this Act applies the area or aggregate area of the heating surface of which does not exceed nineteen thousand square feet. Locomotive (4.) A locomotive and traction engine-driver’s certificate without and traction engine- any restriction expressed therein shall entitle the holder thereof to drive and have charge of any steam locomotive or steam traction driver’s engine and of its boiler propelled or moved from place to place by its certificate. motive power or machinery, and of any stationary steam engine or steam engines and of its or their boilers the required authority for taking charge of which is a third-class engine-driver’s certificate as by this Act prescribed. Third-class engine- driver’s certificate. (5.) A third-class engine-driver’s certificate shall entitle the holder thereof to drive and have charge of any steam engine or steam engines (or of any boiler or boilers the area or aggregate area of heating surface of which does not exceed five thousand seven hundred square feet) to and with respect to which section fifteen of this Act applies and its or their attendant steam machinery including feed water pumps, the area of cylinder or combined area of cylinders of which does not exceed one hundred and fifty circular inches, and also of the boiler or boilers supplying steam to such steam engine or steam engines.

1951. LABOUR. Inspection of Machinery Act. 369 S chedules . (6.) The grade of a certificate of competency required to authorise Grades of the holder thereof to take charge of any steam turbine shall be °®rtlficates determined by reference to the horse power of the boiler or boilers competency supplying that machine with steam as follows : — required in An engineer’s or first-class engine-driver’s certificate shall resPect of authorise the holder thereof to take charge of any steam turbines 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 authorise the holder thereof to take 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 authorise the holder thereof to take 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.) The grade of a certificate of competency required to authorise Grades of the holder thereof to take charge of any steam boiler and its feed pumps ®®rtificates in any case where such boiler is fed by electrically driven feed pumps competency shall be determined by reference to the electrical horse-power of the required in motor or motors driving such pumps, and for the purposes of such respect of determination one electrical horse-power shall be considered to be fed equal to three and three-tenths circular inches of steam cylinder area. The number of such boilers that any one certificated person may ^v^f^d safely take charge of shall be determined by the Chief Inspector. pumps. (8.) The grade of a certificate required to authorise the holder Grades of thereof to take charge of any steam boiler or boilers, where he is not certificates also in charge of the feed water pump, shall be determined by the area of . or areas of the heating surface of such boiler or boilers, and for the re^rred^^ purpose of such determination thirty-eight square feet of heating in respect of surface shall be considered to be served by one circular inch. steam boilers where holders of certificate­ . not also in charge of feed water pumps. (9.) The number of boilers that one certificated person may Number of safely have charge of shall, subject to this rule, be determined by the boilers in Chief Inspector. r charge of one person. (10.) A crane-driver’s certificate shall authorise the holder thereo Crane- to take charge of and operate any crane of the class specified in that driv.er’s certificate and any hoist. certificate. (11.) A hoist-driver’s certificate shall authorise the holder thereof otoertt . ai • h p kceat i ceh. arge of and operate any hoist of the class specified in that c d e r r iy t . i ® fi r c s at . e, (12.) A first-class internal combustion certificate shall authorise Internal. the holder to take charge of any internal combustion engine. certificaies1

370 S chedules . LABOUR. Inspection of Machinery Act. 15 G eo . VI. No. 33, A second-class internal combustion certificate shall authorise the holder to take charge of internal combustion engines whose area of cylinder or combined area of cylinders does not exceed two hundred and twenty-five circular inches. Refrigeration (13.) A first-class refrigeration certificate shall authorise the holder certificates. to take charge of any refrigerating machinery. A second-class refrigeration certificate shall authorise the holder to take charge of refrigerating machinery the capacity of which does not exceed thirty tons refrigeration. Persons in (14.) All persons in charge of machinery shall satisfy the Chief charge of Inspector that they are competent to be in that position by reason mtoascahtiinsefyry of their knowledge of such machinery. Chief Inspector as to their competency. (15.) Notwithstanding anything to the contrary in this Act, no person shall be authorised to take charge of any machinery (other than a lift) used for the purpose of raising or lowering men or goods or materials unless he is the holder of a certificate prescribed under this Act for that purpose. This subrule does not apply to any machinery used in a mine within the meaning of *“ The Mines Regulation Acts , 1910 to 1945,” or t“ The Coal Mining Acts , 1925 to 1950.” Restricted certificates. Medical certificate when raising or lowering men. 19. Notwithstanding anything in this Act contained, where it appears to the Board from the evidence submitted to it by any applicant for any certificate of competency under this Act that the experience of such applicant has been limited to any particular engine or machinery or class of engine or class of machinery so that the certificate to be granted to him should in the meantime be a certificate restricted to certain engines or machinery or a certain class of engines or machinery the Board may grant such certificate of whatever class, restricted as the Board deem proper under the circumstances. Any such restriction shall be denoted by endorsement upon the certificate, and the Board, upon being satisfied at any future time that the person holding such a restricted certificate has acquired further or other experience, may either wholly delete such restriction or vary the same so as to enlarge the scope of such certificate. Any such deletion or variance of a restriction shall be denoted by a further endorsement upon the certificate, and for that purpose the holder thereof shall produce the certificate to the Board. Every endorsement upon a certificate, whether in the first instance or at any subsequent time, shall be signed by the chairman of the Board and bear the date on which such endorsement was made. 20. (1.) Every holder of a crane-driver’s certificate or a hoist-driver’s certificate or other certificate granted under or continued in force by this Act, who is at any time engaged in the raising or lowering of men shall biennially, after the grant of such certificate and also at such times as the Board of Examiners may require, deliver to the Board a medical certificate, signed by a legally qualified medical practitioner, certifying that he does not suffer from defective hearing or defective sight, fits, giddiness, or any other infirmity likely to interfere with the efficient discharge of his duties. * 1 Gr 5 No. 24 and amending Acts, t 16 G. 5 No. 30 and amending Acts.

LABOUR. 15 G eo . VI. No. 30, 1951. Inspection of Scaffolding, Etc., Act. 371 S chedules . (2.) If the holder of a crane-driver’s certificate or a hoist-driver’s certificate or other certificate fails or omits to deliver to the Board a medical certificate at any time as hereinbefore required, the Board may, by notice in writing to such holder, call upon him to show cause why his certificate should not be cancelled or suspended for such period as the Board may determine, and if after consideration of the representations (if any) made by such holder the Board is satisfied that such certificate should be cancelled or suspended, the Board may cancel or suspend the same for such period as the Board may determine. Such cancellation or suspension shall take effect at such time as the Board shall determine and the Board shall give notice of such cancellation or suspension to such holder. The Board shall in such notice require such holder to deliver to it on or before a day specified in such notice the crane-driver’s certificate, hoist-driver’s certificate, or other certificate (as the case may be) granted to such holder. An Act to Amend "The Inspection of Scaffolding 15N G o e . o 3 . 0V. I. Acts, 1915 to 1930,” in certain particulars. [A ssented to 18 th O ctober , 1951.] I nspection op S caffolding acts A mendment A ct of 1951. B E it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as “ The Inspection of Short title Scaffolding Acts Amendment Act of 1951,” and shall be contraction, read as one with * “ The Inspection of Scaffolding Acts, 1915 to 1930,” herein referred to as the Principal Act. The Principal Act and this Act may be cited Collective collectively as “ The Inspection of Scaffolding Acts, tltl6‘ 1915 to 1951.” 2. Section three of the Principal Act is amended Amendments as follows:— , of s’3' (a) The definition of the term “ Gear ” appearing in that section is repealed and, in lieu of that repealed definition, the following definitions are inserted, namely:— “ “Building work’’—Includes any work in or in Building respect of building, rebuilding, erecting, work‘ re-erecting, constructing, reconstructing, equipping, finishing, altering, repairing, * 6 G. 5 No. 25 and amending Acts.