Inspection of Machinery Acts Amendment Act 1971 (Qld)
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952 { liEEYtS.1 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No, 77 of 1971 An Act to Amend The Inspection of Machinery Acts 1951 to 1966 in certain particulars [ASSENTED TO 22ND DECEMBER, 19711 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Inspection of Machinery Acts Amendment Act 1971. (2) The Inspection of Machinery Act of 1951, as subsequently amended, is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Inspection of Machinery Act 1951-1971. 2. Commencement of Act. (1) Except as provided in subsection (2) of this section, this Act shall commence on a date appointed by Proclamation.
Inspection of Machinery Acts Amendment Act 1971, No. 77 953 (2) Notwithstanding the preceding subsection, the Proclamation under that subsection or a subsequent Proclamation may appoint a date or dates for the commencement of any particular provision or provisions of this Act specified therein later than the date fixed by the Proclamation under that subsection for the commencement of this Act. (3) A reference in the Principal Act to the date of commencement of this Act means the date appointed by Proclamation under subsection (1) of this section for the commencement of this Act. 3. Amendment of s. 3 . Section 3 of the Principal Act is amended by inserting after the reference- " PART IV-INSPECTION OF MACHINERY;" the reference- " PART IVA-INSPECTION OF MOTOR VEHICLES;". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) omitting the words " "The Navigation Acts, 1876 to 1950 " " and inserting in their stead the words " The Queensland Marine Acts 1958 to 1967 "; (b) omitting the words " " The Mines Regulation Acts, 1910 to 1945," " and inserting in their stead the words " the Mines RegulationAct1964-1968 "; (c) omitting the words " " The Coal Mining Acts, 1925 to 1950," " and inserting in their stead the words " the Coal Mining Act1925-1969 ". 5. Repeal of and new s. 6. The Principal Act is amended by repealing section 6 and inserting in its stead the following section:- " 6. Power to amend First Schedule. The Governor in Council may from time to time by Order in Council published in the Gazette amend the First Schedule to this Act- (a) by adding to any part of that schedule any class or description of machinery; (b) by omitting any class or description of machinery; (c) by altering or modifying the description of any class or description of machinery specified therein at the material time. The First Schedule as so amended shall be the First Schedule to this Act and shall have effect accordingly. A class or description of machinery may be defined by reference to the purpose for which the machinery is used or is designed to be used or by reference to the location in which the machinery is used or designed to be used or in any other manner that appears to the Governor in Council to be appropriate." 6. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (1)- (a) inserting before the definition " Board " the following definition " " Air cushion vehicle "-A vehicle that is designed to be supported, when in motion, wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;";
954 Inspection of Machinery Acts Amendment Act 1971, No. 77 (b) omitting the definition " boiler " and inserting in its stead the following definition:- " " Boiler "-A vessel used or designed to be used for the generation of steam or other vapour , or for the heating of water or other liquid at a pressure above that of the atmosphere by the application of fire or the product of combustion , or by electrical or other means. The term includes all settings , fittings, mountings, steam and other pipes, feed pumps , injectors , and all other equipment connected to a boiler so defined or necessary for the safe or efficient working of a boiler so defined;"; (c) inserting after the definition " Chief Inspector " the following definition:- " " Conveyor "- An apparatus or contrivance worked by any power other than human power that is used or designed to be used for raising , lowering or transporting any load. The term includes an endless belt, rope or chain and the buckets or trays attached thereto, a rotating screw and any similar contrivance. The term does not include a crane;"; (d) omitting the definition " crane " and inserting in its stead the following definition:- " " Crane "- A structure or contrivance specially designed for and equipped with mechanical means for moving any load by raising or lowering the same and, while the load is in motion or suspension , for transporting it. The term includes a bridge or gantry crane, cantilever crane, jib crane , cableway, overhead travelling crane, portal or semi-portal crane , tower crane , stiff leg derrick , monorail crane, sheer legs, guy derrick , or mobile crane that is mounted on a vehicle or crawler track and any excavating or loading machinery equipped with a jib or boom;"; (e) omitting the definition " hoist " and inserting in its stead the following definition:- " " Hoist "-Any machinery including all equipment thereof whether detachable therefrom or not operated by any power the principal function of which is the raising or lowering of men or goods or materials. The term does not include a crane, or lift, or a hoisting appliance within the meaning of the ConstructionSafetyAct1971; "; (f) omitting the definition " machinery " and inserting in its stead the following definition: " " Machinery "- Any engine , boiler, motor , motor vehicle , crane, hoist, lift , air cushion vehicle, conveyor , amusement device, machine , gearing , or appliance , and the several parts of any of the same , constructed of any material and worked or designed to be worked by any power. The term includes an unfired pressure vessel. The term does not include an electric generator, electric convertor , electric transformer , or electric rectifier; ";
Inspection of Machinery Acts Amendment Act 1971, No. 77 955 (g) omitting the definition " Minister " and inserting in its stead the following definition:- " " Minister "-The Minister for Labour and Tourism or other Minister of the Crown charged at the material time with the administration of this Act. The term includes any person performing at the material time the duties of the Minister; "; (h) inserting in the definition " motor vehicle " after the words " trolley vehicle ", the words " motor cycle,"; (i) omitting the definition " owner " and inserting in its stead the following definition: " " Owner "-Includes- (a) in relation to any machinery, a mortgagee, lessee, hirer or borrower of the machinery and a person who has control, charge or management of the machinery; (b) in relation to a motor vehicle to which a current certificate of registration, certificate of transfer, or renewal of registration issued under The Main Roads Acts 1920 to 1968 relates, the person named therein as registered owner of the vehicle; (c) in relation to a motor vehicle that is registered elsewhere than in Queensland pursuant to legislation that corresponds to the registration provisions of The Main Roads Acts 1920 to 1968, the person so registered as owner of the vehicle; " (j) inserting after - the definition " prescribed " the following definition:- " " Power "-Every form of energy. The term includes both human power and animal power; f9; (k) omitting the definition " refrigeration machinery " and inserting in its stead the following definition:- " " Refrigeration machinery "-Any machinery used or designed to be used for reducing temperatures by compression or absorption or other means of refrigeration; "; (1) omitting the definition " serious bodily injury " and inserting in its stead the following definition:- " " Serious bodily injury "-An injury that is the occasion for the injured person leaving or being taken from the site where he was injured to receive medical treatment and that is likely to incapacitate the injured person for work for a period of three days at the least; "; (m) adding the following definition: "; " Unfired pressure vessel "-Any vessel other than a boiler subjected to or designed to be subjected to ' pressure, internal or external, including all parts thereof that connect two or more sections of the vessel, and all other parts thereof, being components of the vessel, up to the first point of connexion with piping or other fitting attached thereto.
956 Inspection of Machinery Acts Amendment Act 1971, No. 77 The term includes heat exchangers, evaporators, air receivers, steam type digesters, steam type sterilizers, autoclaves, reactors, calorifiers, and pressure piping components and pressure piping exceeding 21 inches in diameter that connects two or more items of machinery. The term does not include piping used in connexion with reticulation of a water supply or piping used to supply a hydro-electric power station." 7. Repeal of s. 9 and new ss. 9, 9A and 9B. The Principal Act is amended by repealing section 9 and inserting in its stead the following sections:- " 9. Appointment of officers . (1) The Governor in Council may from time to time appoint a Chief Inspector of Machinery and such other inspectors and other officers as he considers necessary for the effectual administration of this Act. Every such appointment shall be made under and in accordance with the Public Service Act1922-1968 and every person so appointed shall hold his appointment subject to that Act. (2) Where this Act prescribes a qualification for appointment to any position an appointment to that position shall not be made save of a person who possesses that qualification. 9A. Certificates of appointment . Every inspector shall be furnished with a certificate of his appointment, signed by the Chief Inspector, which shall be sufficient evidence thereof. An inspector shall carry his certificate of appointment with him at all times while in the execution of his duty and, if required so to do, shall produce it to a person in charge of a place that he seeks to enter. 9B. Area of operations of inspector . The Governor in Council may from time to time nominate centres throughout Queensland as centres in and from which inspectors shall administer this Act.". 8. New ss. 9c and 9D. The Principal Act is amended by inserting after section 9s the following sections:- " 9C. Power of Chief Inspector to delegate . (1) The Chief Inspector may, either generally or otherwise as provided by the instrument of delegation, by writing delegate to any person all or any of his powers, functions and duties except this power of delegation. (2) A power, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms and limitations as the Chief Inspector thinks fit including a requirement that the delegate shall report to the Chief Inspector upon his exercise or performance of the delegated power, function or duty. (4) The Chief Inspector may make such and so many delegations of the same power, function or duty and to such number of persons as he considers necessary or desirable.
Inspection of Machinery Acts Amendment Act 1971, No. 77 957 (5) A delegation is revocable at the will of the Chief Inspector and does not prevent the exercise of a power or the performance of a function or duty by him. 9D. Effect of delegation on others . Where this Act authorizes or requires any person to do any act with respect to the Chief Inspector concerning any matter in respect of which the Chief Inspector has made a delegation to any other person, and that delegation subsists, the firstmentioned person shall be taken to sufficiently comply with this Act if he does that act with respect to that other person who is a delegate.". 9. Amendment of s. 11. Section 11 of the Principal Act is amended by- (a) in subsection (1), (i) omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) Enter any place where there is or where he has reason to believe there is any machinery, whether or not it is machinery of a kind to which this Act is expressed to apply and inspect and examine such place and all such machinery found therein;"; (ii) omitting paragraph (iia); (iii) inserting in paragraph (vi) after the words " production of " the words " any certificate of roadworthiness under Part IVA of this Act,"; 9 (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2)-Any inspector, and any person authorized by the Chief Inspector, may at any time enter any place wherein or whereon there is machinery, whether or not it is machinery of a kind to which this Act is expressed to apply and may require the production of any certificate required under this Act in respect of any machinery found therein or thereon, or of any certificate required under this Act to be held by a person in charge of any machinery found therein or thereon, and may inspect, examine, make copies of, or take extracts from such certificates.". (c) adding the following subsection:- " (3) Before an inspector or authorized person enters any part of premises, which part is used as a dwelling, he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector or authorized person- (a) that in any place there is machinery, whether or not it is machinery of a kind to which this Act is expressed to apply; or (b) that there is reason to believe that in any place there is machinery, whether or not it is machinery of a kind to which this Act is expressed to apply, and that the inspector or, as the case may be, authorized person so believes, may issue his warrant directed to the inspector or authorized person to enter the place specified in the warrant for the purpose of his exercising the powers conferred on him by this Act.
958 Inspection of Machinery Acts Amendment Act 1971, No. 77 A warrant issued under this subsection shall, for a period of one month from its issue, be authority- (a) to the person to whom it is directed and to all persons acting in aid of him to enter the place specified in the warrant; and (b) to the person to whom it is directed to exercise in respect of the place specified in the warrant all the powers conferred on him by this Act. . For the purposes of this subsection, the curtilage of any premises shall not be taken to be a part used as a dwelling of those premises. ". 10. Repeal of and new s . 12. The Principal Act is amended by repealing section 12 and inserting in its stead the following section:- " 12. Assistance to inspector and authorized person . (1) The occupier of any place wherein or whereon there is machinery, whether or not it is machinery of a kind to which this Act is expressed to apply, shall furnish to an inspector or any person authorized by the Chief Inspector all reasonable assistance, and all such information that he is able to furnish as is required of him by the inspector or authorized person, in respect of the exercise of powers and the discharge of duties under this Act in relation to that place. (2) The owner of machinery shall furnish to an inspector or any person authorized by the Chief Inspector all reasonable assistance, and all such information that he is able to furnish as is required of him by the inspector or authorized person, in respect 9f the exercise of powers and the discharge of duties- under this Act in relation to that machinery.". 11. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) in subsection (1), adding the words " or a permit under section 55A of this Act authorizing him to take charge of that machinery "; (b) in subsection (2), adding the words " or a permit under section 55A of this Act authorizing him to take charge of that machinery "; (c) in subsection (3), adding the words " or a permit under section 55A of this Act authorizing him to take charge of that machinery "; (d) in subsection (5), (i) omitting from provision (a) the words " and/or hearing distance of that engine " and inserting in their stead the words " or hearing of that engine or of its approved controls or instruments "; (ii) omitting from provision (b) the words " ten horse-power " and the words " thirty horse-power " and inserting in their stead respectively the words " 200 square feet of heating surface " and the words " 500 square feet of heating surface "; (iii) omitting from provision (c) the words " in the water gauge " and inserting in their stead the words " level indicator (e) in subsection (6), (i) omitting from the general words at the commencement of that subsection the words " (whether or not specified for the time being in the First Schedule to this Act) " and inserting in their stead the words ", whether or not it is machinery to which this Act is expressed to apply,".
Inspection of Machinery Acts Amendment Act 1971, No. 77 959 (ii) omitting from paragraph (a) the words " sixty-four circular inches in measurement " where they occur in provision (i) and inserting in their stead the words " 100 square inches "; (iii) omitting from paragraph (a) the words " seventy-five horse-power ", where they occur in provision (a) of provision (iv), and the words " fifty horse-power " where they occur in provision (b) of provision (iv) and inserting in their stead respectively the words " 125 horse-power " and the words " 200 horse-power "; (iv) omitting paragraph (b) and inserting in its stead the following paragraph:- (b) All refrigeration machinery- (i) driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 100 horse-power; or (ii) driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity of 100 horse-power or less if its refrigerant is toxic or the machinery is not controlled to the satisfaction of the Chief Inspector;"; (v) omitting from the proviso the words " " The Mines Regulation Acts, 1910 to 1956," or " The Coal Mining Acts, 1925 to 1950 " ", where they occur in provision (iv), and inserting in their stead the words " the Mines Regulation Act1964-1968 or the Coal Mining Act1925-1969 "; (vi) omitting from the proviso the words " having a capacity not exceeding fifty tons ", where they occur in provision (v), and inserting in their stead the words " driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity of 200 horse-power or less "; (f) omitting subsection (7). 12. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (2), omitting the words " ten thousand " and inserting in their stead the expression " 15,000 ". 13. Amendment of s. 20 . Section 20 of the Principal Act is amended by omitting the words " eighteen inches " and inserting in their stead the words " twenty-four inches ". 14. Amendment of heading preceding s. 21. The Principal Act is amended by, in the heading immediately preceding section 21, inserting after the word " Fencing " the words " and Guarding ". 15. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (1)- (a) omitting from paragraph (e) all words from and including the words " shall cause ", where they first occur, to and including the words " properly maintained " and inserting in their stead the following words:- shalll cause any and every dangerous part of any machinery other than an engine or transmission machinery to be securely guarded with a guard of substantial construction unless the part is in such a position or of such construction as to be as safe for every person employed or working with respect thereto as it would be if it were securely guarded and, where there is a guard, shall cause the guard to be properly maintained at all times ";
960 Inspection of Machinery Acts Amendment Act 1971, No. 77 (b) adding the following paragraph:- (h) shall cause machinery to be so arranged that at any time when any part thereof that is required by this Act to be fenced or guarded, is unfenced or unguarded for examination, lubrication, repair or other purpose no part of the machinery can be set in motion "; (c) omitting subsection (5) and inserting in its stead the following subsection:- " (5) This section applies to and with respect to all machinery, whether or not it is machinery to which this Act is expressed to apply.". 16. Amendment of s. 22 . Section 22 of the Principal Act is amended by- (a) in subsection (2), adding the following word and paragraph:- and (c) shall not work or cause or allow another person to work the machinery to which that notice relates at any time after the expiration of the period of time specified in that notice when the machinery is not securely fenced or otherwise sufficiently guarded in compliance in every respect with the requirements of that notice "; (b) omitting subsection (3) and inserting in its stead the following subsection:- " (3) If the fencing or guard provided in compliance with a notice given under subsection (1) of this section is not maintained in compliance in every respect with the requirements of the notice, the machinery or part to which the notice relates shall, at all times when it is in motion or is capable of being put in motion, be deemed to be not securely fenced or otherwise sufficiently guarded in compliance in every respect with the requirements of the notice.". 17. Amendment of s. 24. Section 24 of the Principal Act is amended by, in subsection (1)- (a) inserting after the word " machinery " wherever it occurs the words " or motor vehicle "; (b) omitting the word " either "; (c) omitting the word " or " where it occurs between provisions (a) and (b); (d) adding to paragraph (b) the words " and, where a motor vehicle is concerned, to produce the vehicle for further inspection at 'a time and place specified in the notice "; (e) inserting after provision (b) the following provision:- " ; (c) To produce and surrender to the inspector any part of such machinery that appears to the inspector to be faulty, defective or dangerous for the making of such examinations as the Chief Inspector directs ".
Inspection of Machinery Acts Amendment Act 1971, No. 77 961 18. Amendment of s. 28 . Section 28 of the Principal Act is amended by, in subsection (1)- (a) omitting from provision (a) the words " a male person under eighteen years of age or a female under twenty-one years of age " and inserting in their stead the words 66 a person under eighteen years of age "; (b) adding to provision (b) the words " unless he is an apprentice or learner who is there and then under supervision "; (c) omitting from provision (e) the words " a male person under eighteen years of age or a female " and inserting in their stead the words 66 a person under eighteen years of age "; (d) omitting all words comprising the proviso. 19. Amendment of s. 29 . Section 29 of the Principal Act is amended by omitting subsection (4). 20. Amendment of s. 32 . Section 32 of the Principal Act is amended by, in subsection (1), omitting the words before the grant of such certificate,". 21. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in subsection (1), (i) adding to the note to that subsection appearing in and at the beginning of that subsection the words " and unfired pressure vessels "; (ii) inserting after the word " boiler " the words " or any unfired pressure vessel "; (b) in subsection (4), (i) inserting after the word " boiler " the words " or unfired pressure vessel "; (ii) omitting all words comprising the proviso; (c) in subsection (5), (i) inserting after the word "boiler" the words "or any unfired pressure vessel "; (ii) omitting the words " screw-plugged and ". 22. Amendment of s. 34 . Section 34 of the Principal Act is amended by inserting after the word 6i boiler " wherever it occurs the words " or unfired pressure vessel ". 23. Amendment of s. 35. Section 35 of the Principal Act is amended by- (a) inserting after the word " boiler " wherever it occurs the words 66 or unfired pressure vessel "; (b) in subsection (1), omitting the words ", and upon payment of the prescribed fee,". 24. Amendment of s. 39. Section 39 of the Principal Act is amended by inserting after the word " boiler " wherever it occurs the words " or unfired pressure vessel ". 31
962 Inspection of Machinery Acts Amendment Act 1971, No. 77 25. Amendment of s. 41 . Section 41 of the Principal Act is amended by inserting after the word " boiler " wherever it occurs the words " or unfired pressure vessel ". 26. Amendment of s. 42. Section 42 of the Principal Act is amended by- (a) inserting in the note to that section appearing in and at the beginning of that section, after the word " boilers " the words " or unfired pressure vessels "; (b) inserting after the word " boilers " wherever it occurs the words " or unfired pressure vessels ". 27. Amendment of s. 43. Section 43 of the Principal Act is amended by- (a) adding to the note to that section appearing in and at the beginning of that section the words " or unfired pressure vessel "; 66 or ( ubn)fiirnesdeprtriensgsuarfetevresthseelw". ord " boiler " wherever it occurs the words 28. Repeal of ss. 44 , 44A and 44B . The Principal Act is amended by repealing sections 44, 44A and 448. 29. New Part IVA. The Principal Act is amended by inserting after section 43 the following heading and sections:- " PART IVA-INSPECTION OF MOTOR VEHICLES 44. Meaning of terms. In this Part, save where the contrary appears- approved examiner " means any person who is approved under this Act to inspect second-hand motor vehicles at an approved inspection station for the purposes of this Part; approved inspection station means a place that is approved under this Act for the inspection of motor vehicles for the purposes of this Part; 66 certificate of roadworthiness " means- (a) in relation to all motor vehicles , a certificate of an approved examiner given under this Part at an approved inspection station; (b) in relation to motor vehicles of a type defined in category B in section 44H of this Act, a certificate given under this Part by or on behalf of the Chief Inspector, that - in either case certifies in the prescribed form that the motor vehicle to which it relates complies with the requirements of the Traffi c Act 1949 - 1971, The State Transport Acts 1960 to 1965 and of this Act as to its construction , equipment and performance and that it has not any defect that would affect its safe use on a road;
Inspection of Machinery Acts Amendment Act 1971, No. 77 963 " disposal " includes a delivery of possession pursuant to a gift or to a bona fide sale, barter, exchange, or transfer or to an agreement for sale or to a letting under a hire purchase agreement. The term does not include a passing of possession to a bailee for the purpose of alteration, repair, renovation, garaging or other similar purpose that does not involve the use of the motor vehicle for the benefit of the bailee; " licensed motor dealer " means a motor dealer licensed as such under the law of Queensland relating thereto; " owner " means- (a) in respect of a motor vehicle to which a current certificate of registration, certificate of transfer, or renewal of registration issued under The Main Roads Acts 1920 to 1968 relates, other than a motor vehicle to which paragraph (c) of this. definition applies, the person named therein as registered owner of the vehicle; (b) in respect of a motor vehicle that is registered elsewhere than in Queensland pursuant to legislation that corresponds to the registration provisions of The Main Roads Acts 1920 to 1968, other than a motor vehicle to which paragraph (c) of this definition applies, the person so registered as owner of the vehicle; (c) in respect of a motor vehicle that is in the custody of a licensed motor dealer for the purpose of its disposal, or in the custody of an agent of a licensed motor dealer for the purpose of its disposal the licensed motor dealer and, where the business of such dealer is conducted by a firm, each member of that firm; " proprietor " means, in respect of an approved inspection station, the person who is occupier of the premises approved as the inspection station and who carries on the business conducted therein; " second-hand motor vehicle " means a motor vehicle that has been used or reconstructed. 44A. Application of this Part. The provisions of this Part apply according to their tenor in respect of any motor vehicle whether or not it is a motor vehicle specified in the first schedule to this Act as machinery to which this Act applies. 44B. Sections 24 and 25 applicable to inspections under this Part. The provisions of sections 24 and 25 of this Act apply with respect to a motor vehicle inspected for any purpose by an inspector whether for the purposes of this Act or any other Act and the powers thereby conferred on an inspector or the Chief Inspector may be exercised accordingly.
964 Inspection of Machinery Acts Amendment Act 1971, No. 77 44C. Inspection of motor vehicles. (1) Upon inspecting a motor vehicle- (a) for the purposes of an application made or to be made in relation to that vehicle for the issue or renewal of a licence to hire or a permit of any kind or a certificate of approval under The State Transport Acts 1960 to 1965; (b) for any other purpose, an inspector shall further inspect the vehicle to determine whether it is constructed and equipped and whether it performs in compliance in every respect with the requirements of- (c) The State Transport Acts 1960 to 1965 applicable according to the kind of licence or permit sought or to be sought or, as the case may be, according to the description of vehicle for which approval is or is to be sought; and (d) the Traffic Act1949-1971 concerning the construction, equipment and performance of vehicles of the type inspected. (2) Upon inspecting any motor vehicle an inspector shall in every case determine whether the vehicle is faulty or defective in any particular, or so dangerous as to be likely to cause loss of life or bodily injury to any person. 44D. Production of motor vehicle on demand . (1) The Chief Inspector or any inspector thereunto authorized in writing by him may, by notice given to the owner of a motor vehicle, require the owner to produce the vehicle for inspection on a date and at a time and place stated in the notice. (2) An owner of a motor vehicle to whom a notice is given under subsection (1) of this section- (a) shall produce the motor vehicle for inspection as required by the notice; (b) shall not hinder or interfere in the inspection of the motor vehicle by an inspector. 44E. Notice to repair second - hand motor vehicle. (1) Where an inspector finds in any place a second-hand motor vehicle that is intended for disposal he may give or cause to be given to the owner of the vehicle (or, where the owner is a licensed motor dealer, or a member of a firm that carries on the business of a licensed motor dealer, to any agent of his) a notice- (a) that specifies repairs considered by the inspector to be necessary to make the vehicle safe to operate on a road; (b) that appoints a time by or within which such repairs should be effected to the motor vehicle; and (c) that requires the owner to have the specified repairs effected to the motor vehicle to which the notice relates by or within the appointed time. (2) An owner of a motor vehicle in relation to which a notice is given under subsection (1) of this section- (a) who fails to comply in every respect with the notice by or within the time appointed therein or, where that time has been duly extended, by or within the time as last so extended; or
Inspection of Machinery Acts Amendment Act 1971, No. 77 965 (b) who disposes of the motor vehicle, for a purpose other than wrecking, before the repairs specified in the notice have been effected to the vehicle, commits an offence against this Act. (3) An agent of a licensed motor dealer who knows that a notice has been given in relation to a motor vehicle and who disposes, for a purpose other than.wrecking, of the motor vehicle before the repairs specified in the notice have been effected to the vehicle commits an offence against this Act. (4) A person who commits an offence against this Act defined in this section is liable to a penalty of $200. 44F. Employer liable for act of agent . (1) Where a motor vehicle in relation to which a notice is given under section 44E of this Act is disposed of by an agent of the owner, for a purpose other than wrecking, before the repairs specified in the notice have been effected to the vehicle the owner shall be deemed to have committed the offence defined in paragraph (b) of subsection (2) of section 44E of this Act and, whether or not the agent is prosecuted in respect of an offence, may be convicted thereof unless he shows that- (a) he had no knowledge that the disposal was taking place; and (b) he could not by the exercise of reasonable diligence have ascertained that the disposal was taking place. (2) The operation of the provisions of section 23 of The Criminal Code is excluded in respect of the liability of an owner for an offence deemed under this section to have been committed by him. 44G. Extension of time to effect repairs . An inspector who is satisfied that sufficient cause exists may from. time to time in writing extend a time appointed in a notice given under section 44E of this Act or a time to which it has previously been extended. 44H. Second - hand motor vehicles disposed of or registered to be accompanied by certificate . (1) For the purposes of this section and of section 441 of this Act motor vehicles are divided into the following categories:- Category A consisting of motor vehicles, other than omnibuses and motor cycles, that are designed principally for the carriage of persons. and including coupe utilities, station sedans, panel vans, and multi-purpose vehicles designed for the carriage of no more than eight persons and constructed with special features for operation elsewhere than on a road; Category B consisting of motor vehicles not included in category A that are designed for the carriage of persons or goods or both for hire or reward or that are used for the purpose of any business or work.
966 Inspection of Machinery Acts Amendment Act 1971, No. 77 (2) A person shall not dispose of a second-hand motor vehicle unless- (a) where the vehicle is one of a type defined in category A, he has duly obtained a certificate of roadworthiness, issued at an approved inspection station, that relates to that vehicle; (b) where the vehicle is one of a type defined in category B, he has duly obtained either- (i) a certificate of roadworthiness issued by or on behalf of the Chief Inspector that relates to that vehicle; or (ii) a certificate of roadworthiness, issued at an approved inspection station, that relates to that vehicle. 441. Licensed motor dealer restricted in his use of vehicles. (1) A licensed motor dealer shall not use or permit or suffer to be used on a road any second-hand motor vehicle that is in his custody in the course of his conduct of the business as a licensed motor dealer unless there exists a certificate of roadworthiness duly obtained that relates to that vehicle. (2) The provisions of the preceding subsection shall not apply to or in respect of the use of a second-hand motor vehicle on a road- (a) in the course of any necessary testing, repair, alteration or renovation of it; or (b) in taking it to an approved inspection station for inspection by an approved examiner or by the Chief Inspector for the purposes of this Part. 441. When certificate of roadworthiness duly obtained. A certificate of roadworthiness shall not be taken to have been duly obtained unless it is issued consequent upon an examination that is conducted within thirty days before the date of disposal or, as the case may be, user of the motor vehicle in question, and unless there has been no significant change in the condition of the motor vehicle between the date of issue of the certificate and the date of such disposal or, as the case may be, user. 44K. Application of ss. 44H and 441 . (1) Section 44H of this Act does not apply in respect of- (a) a disposal of a motor vehicle to a licensed motor dealer; (b) a disposal of a motor vehicle effected for the purpose of wrecking, renovation, repair or alteration of the vehicle if, in the case of a registered motor vehicle, within seven days after the disposal the certificate of registration under The Main Roads Acts 1920 to 1968 that relates to the vehicle is duly cancelled. (2) Where it appears to the Governor in Council that, because of any circumstance affecting a particular area of the State, it is unnecessary or undesirable that section 44H or 441 should apply within that area, he may by Order in Council exclude that area from the application of that section whereupon for as long as the Order in Council subsists, the provisions of that section shall not apply in respect of a disposal effected within that area of a motor vehicle situated within that area.
Inspection of Machinery Acts Amendment Act 1971, No. 77 967 In any proceeding it shall be presumed that sections 44H and 441 of this Act apply throughout the State until it is proved to the contrary. 44L. Approval of inspection stations . (1) Upon the application of any person made in relation to premises in respect of which the Chief Inspector is satisfied- (a) that there is employed therein such staff as is prescribed for an approved inspection station; and (b) that there is therein such equipment as is prescribed for an approved inspection station, and upon payment of the prescribed fee the Chief Inspector may approve the premises as an approved inspection station for the inspection of motor vehicles for the purposes of this Part. (2) When the Chief Inspector approves of premises as an inspection station he shall issue to the proprietor thereof a certificate of such approval. 44M. Approval of examiners . Upon the application of the proprietor of an approved inspection station or of an applicant for the approval of premises as an approved inspection station the Chief Inspector may approve of any person as an approved examiner of motor vehicles for the purposes of this Part if he is satisfied that the person has the qualifications prescribed for an approved examiner. 44N. Approval of inspection station to be exhibited. The proprietor of an approved inspection station shall at all times keep exhibited at the station, in a position directed by an inspector, or, in the absence of such a direction, in a position so that it can be easily read by every person who attends at the station, the prescribed notice and shall maintain the same in a legible condition. 440. Cancellation and suspension of approvals . (1) If- (a) a proprietor of an approved inspection station or an approved examiner is convicted of an offence against this Act that consists of a contravention or failure to comply with any provision of this Part or that is defined in this Part; (b) a proprietor of an approved inspection station ceases to employ therein such staff as is ,prescribed for an approved inspection station or ceases to maintain therein such equipment as is prescribed for an approved inspection station, the Chief Inspector may by notice in writing call upon the proprietor or, as the case may be, the approved examiner to show cause at a time and place appointed in the notice why the certificate of approval of the station or, as the case may be, the licence of the approved examiner should not be cancelled or suspended. (2) If at the time and place appointed in the notice or at any other time or place to which the hearing is adjourned sufficient cause is not shown to the satisfaction of the Chief Inspector
968 Inspection of Machinery Acts Amendment Act 1971, No. 77 he may, having regard to the circumstances of the case, cancel the certificate or licence, or suspend the same for a period specified by him. (3) Upon the cancellation or suspension of a certificate or a licence- (a) the premises to which the certificate theretofore related shall cease to be an approved inspection station or, as, the case may be, the person to whom the licence theretofore related shall cease to be an approved examiner but, in either case, where suspension is ordered, only for the period specified by the Chief Inspector; (b) the proprietor of the premises that theretofore comprised the approved inspection station shall surrender to the Chief Inspector the certificate issued under section 44L of this Act in relation to those premises, the notice required by section 44N of this Act. to be exhibited at those premises, and all forms held by him for use as certificates of roadworthiness; (c) the person who theretofore was an approved examiner shall surrender to the Chief Inspector the licence issued to him that shows his approval as such.". 30. Amendment of s. 51 . Section 51 of the Principal Act is amended by omitting the references- " " The Mines Regulation Acts, 1910 to 1945," " The Coal Mining Acts, 1925 to 1950," " The Traffi c Act of 1949 " ", and inserting in their stead respectively the references- the Mines Regulation Act1964-1968 the Coal Mining Act1925-1969 the Tra ffic Act 1949- 1971 ". 31. Repeal of and new s. 52. The Principal Act is amended by repealing section 52 and inserting in its stead the following section:- " 52. Notice of accidents . The owner of machinery, whether or not it is machinery of a kind to which this Act is expressed to apply, shall give notice to the Chief Inspector or to an inspector of the occurrence of every accident that arises out of or in connexion with the working or motion of that machinery and that- (a) causes loss of life or serious bodily injury to any person; or (b) involves the breakage, distortion or damage of any boiler or unfired pressure vessel, crane, hoist, lift, escalator, or other prescribed machinery. Such notice shall be in the prescribed form and shall specify- (i) the cause of the accident so far as it is known; (ii) the precise location where it occurred; and (iii) the name of every person killed or injured in the accident.".
Inspection of Machinery Acts Amendment Act 1971, No. 77 969 32. Amendment of s. 53 . Section 53 of the- Principal Act is amended by- (a) in subsection (1), omitting the words " (whether or not specified for the time being in the First Schedule to this Act) " and inserting in their stead the words " , whether or not it is machinery to which this Act is expressed to apply,"; (b) omitting the reference " " The Justices Acts, 1886 to 1949," " wherever it occurs and inserting in its stead in each case the reference i6 The Justices Acts 1886 to 1968 ". 33. Amendment of s. 54 . Section 54 of the Principal Act is amended by, in subsection (1), inserting in provision (a) the words " or his delegate ". 34. Repeal of and new s. 55. The Principal Act is amended by repealing section 55 and inserting in its stead the following section:- " 55. Classes of certificates of competency . Subject to this Act, the Board shall have power to grant the following certificates of competency: I. Engineer's certificate; 2. First class engine driver's certificate; 3. Second class engineer 's certificate; 4. Second class engine driver's certificate; 5. First class boiler attendant's certificate; 6. Second class boiler attendant's certificate; 7. Third class boiler attendant's certificate; 8. Steam locomotive driver's certificate; 9. Oil locomotive driver's certificate; 10. First class crane driver's certificate; 11. Second class crane driver's certificate; 12. Internal combustion engine driver's certificate; 13. Refrigeration engine driver's certificate; 14. Air conditioning operator's certificate; 15. "A" Grade motor mechanic's certificate; 16. " B " Grade motor mechanic's certificate; 17. Plant operator's certificate; 18. Any other prescribed certificate.". 35. Repeal of and new s. 55A. The Principal Act is amended by repealing section 55A and inserting in its stead the following section: " 55A. Permits . (1) Upon being satisfied- (a) that a holder of an appropriate certificate of competency under this Act is not available to take charge of any machinery to and with respect to which section 15 of this Act applies; and (b) that a person of good repute who is not the holder of such a certificate is nevertheless capable of taking charge of that machinery when it is under working conditions and is available so to do, the Board or the Chief Inspector, upon payment of the prescribed fee, may grant to that person a permit authorizing him to take charge of that machinery when it is under working conditions.
970 Inspection of Machinery Acts Amendment Act 19 / 1, No. 77 (2) Upon being satisfied- (a) that a person seeks to engage as a learner for any certificate of competency; and (b) that there exist facilities to enable him to obtain the appropriate training, the Board or the Chief Inspector, upon payment of the prescribed fee, may grant to that person a permit authorizing him to take charge of machinery of the class to which the certificate of competency in question pertains subject always to his being under the direct supervision of a person authorized by a certificate of competency or a permit granted under subsection (1) of this section to take charge of that machinery, (3) A permit granted under this section- (a) shall be in force for the period specified therein, or for that period as extended from time to time by the Board or the Chief Inspector, but in no case for longer than twelve months; (b) while it is in force, shall be deemed to be a certificate of competency appropriate, according to its tenor, to the machinery specified therein but to no other machinery and, in the case of a permit granted under subsection (2) of this section, subject to the restriction referred to in that subsection. (4) If the holder of a permit fails to take the examination prescribed in relation to the certificate of competency appropriate to his permit during the continuance in force of the permit regard shall be had to that failure in considering whether a further permit should be granted to him under this section.". 36. Amendment of s. 56. Section 56 of the Principal Act is amended by, in subsection (1), omitting from provision (a) the words " resident in Queensland and is ". 37. Amendment of s. 57. Section 57 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The rules set forth in the Second Schedule to this Act apply to and with respect to the granting, suspension, and cancellation, and the status of all certificates of competency that may be granted under this Act, and shall be observed by the Board, the Chief Inspector and all persons concerned: Provided that where those rules provide for a time limit within which experience is to be obtained the Board may, in its discretion, extend the time so limited where the applicant is engaged in an industry of a seasonal nature.". 38. Amendment of s. 62 . Section 62 of the Principal Act is amended by, in subsection (1), adding the following paragraph:- 66 (xi) make a document purporting to be a certificate of roadworthiness issued at an approved inspection station unless he is an approved examiner.".
Inspection of Machinery Acts Amendment Act 1971, No. 77 971 39. Amendment of s. 64 . Section 64 of the Principal Act is amended by, in subsection (2), omitting the words " two hundred dollars " and inserting in their stead the expression " $500 ". 40. Amendment of s. 68 . Section 68 of the Principal Act is amended by, in paragraph (i)- (a) inserting after the words " motor vehicle,", where they secondly occur the words " and in any proceeding for an offence arising out of a failure to produce a certificate of roadworthiness,"; (b) omitting the words The Main Roads Acts, 1920 to 1943," show that any person was the owner of that motor vehicle at any time " and inserting in their stead the words " The Main Roads Acts 1920 to 1968 show that the motor vehicle concerned was, at the time of the alleged offence, registered in the name of the person specified in the certificate ". 41. Repeal of and new s. 69. The Principal Act is amended by repealing section 69 and inserting in its stead the following section:- " 69. Obligation of employer to provide experience. Where a holder of a permit issued under this Act or of a certificate of competency seeks in the course of his employment experience of working with machinery or a class of machinery for the purpose of his qualifying for a certificate of competency or a further certificate of competency his employer- (a) shall provide him with the experience he seeks if the machinery or class of machinery in question is available at the place of his employment and he can be gainfully employed in working therewith; (b) if so required by the Board, shall furnish to the Board evidence of the holder's experience of working with the machinery or class of machinery in question.". 42. Amendment of s. 74. Section 74 of the Principal Act is amended by, in subsection (1)- (a) omitting paragraph (d) and inserting in its stead the following paragraph:- (d) Prescribing, providing for, regulating and controlling- (i) the procedure and standards to be observed with respect to the construction, erection, alteration, and repair of prescribed machinery; (ii) the prohibition of the construction, erection, alteration, repair, or use of prescribed machinery in respect of which the procedure or standard prescribed has not been complied with in every respect; (iii) the class or classes of machinery for which guards must be provided at the time of manufacture and the part or parts of the machinery of such a class for which guards must be provided; ";
972 Inspection of Machinery Acts Amendment Act 1971, No. 77 (b) omitting paragraph (j) and inserting in its stead the following paragraph:- (j) Prescribing, providing for, regulating and controlling- (i) the qualifications and experience required of applicants for certificates of competency under this Act; (ii) the examinations respectively qualifying examinees for certificates of competency under this Act; the standards of and all other matters touching those examinations and the conduct thereof; (iii) the granting, cancellation, suspension and status of certificates of competency under this Act; "; (c) adding the following paragraph:- 66 9 (u) Approved inspection stations, the staffing and equipment thereof; the duties of proprietors of such stations; certificates of approval issued in relation to such stations, their duration and renewal; certificates of roadworthiness, the standards to be met by motor vehicles inspected therefor; approved examiners, the qualifications required of them; licences issued to approved examiners; the suspension and cancellation of certificates of approval and licences; fees to be paid in respect of purposes referred to in Part IVA of this Act, in respect of renewals of any certificate, and in respect of an examination for and issue of certificates of roadworthiness."; (d) omitting subsection (3) and inserting in its stead the following subsection:- " (3) Regulations may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations.". 43. Amendment of First Schedule. The First Schedule to the Principal Act is amended by- (a) omitting the words " sixty-four circular inches " and inserting in their stead the words " 100 square inches "; (b) in paragraph (d), omitting the words " Motor vehicles " and inserting in their stead the words " Save where this Act otherwise provides, motor vehicles ". 44. Amendment of Second Schedule .. The Second Schedule to the Principal Act is amended by- (a) in rule 2, omitting from paragraph (i) the words " a third class b66 oailseercaotntedn- cdlaansst' sboceilretrifaicttaetned" anatn'sdcienrsteifritcinatge irnesthtreicirtesdtetaodbtohielewrsonrdost exceeding 6,000 square feet of heating surface "; (b) in rule 6, (i) inserting in subrule (2) after the words " candidate or applicant " the words ", if required by these rules so to do,"; (ii) omitting the proviso to subrule (2);
Inspection of Machinery Acts Amendment Act 1971, No. 77 973 (c) in rule 7, omitting from subrule (3) the words " or second-class engineer's or motor mechanic's "; (d) in rule 8, (i) omitting paragraph (a) of subrule (1) and inserting in its stead the following paragraph: " (a) Shall have been the holder of a second-class engineer's certificate for at least twelve months and since the granting of that certificate- (i) shall have been in charge of machinery (including boilers), for taking charge of which the required authority is a second-class engineer's certificate, for at least one thousand hours within a period of eighteen months; or (ii) shall have been assisting the engineer in charge of machinery (including boilers) for taking charge of which the required authority is an engineer's or a first-class engine-driver's certificate for at least one thousand hours within a period of eighteen months;"; (ii) omitting from paragraph (c) of subrule (1) the word " two " and inserting in its stead the word " one "; (iii) omitting from paragraph (d) of subrule (1) the word " two " and inserting in its stead the word " one "; (iv) omitting subrule (4); (e) inserting after rule 8 the following rule:- " 8A. Qualifications for second - class engineer 's certificate. An applicant for a second-class engineer's certificate- (a) Shall have successfully completed an apprenticeship to a mechanical engineering trade or other trade approved by the Board in a factory or workshop where machinery is manufactured or repaired and, in the course of his work in such a factory or workshop, have had experience to the satisfaction of the Board; or (b) Shall be the holder of a degree or diploma in engineering obtained after examination from a university or institute of technical education recognized by the Board as competent to grant the same and, in addition, have had at least sixteen months' experience in a factory or workshop in which machinery is manufactured or repaired, and in either case shall produce evidence to the satisfaction of the Board of his experience had in the working of steam plant for at least two hundred and fifty hours including at least one hundred and fifty hours' experience had in the working of boilers."; (f) in rule 9, (i) omitting from provision (i) of paragraph (a) the words " for not less than two thousand hours " and inserting in their stead the words " for at least one thousand hours within a period of eighteen months "; (ii) omitting from the proviso to provision (i) of paragraph (a) the words " not less than two thousand hours " and inserting in their stead the words " one thousand hours "; (iii) omitting from the proviso to provision (i) of paragraph (a) the word " twelve " and inserting in its stead the word " six ";
974 Inspection of Machinery Acts Amendment Act 1971, No. 77 (iv) omitting from provision (ii) of paragraph (a) the words " for not less than two thousand hours " and inserting in their stead the words for at least one thousand hours within a period of eighteen months "; (v) omitting from the proviso to provision (ii) of paragraph (a) the words " not less than two thousand hours " and inserting in their stead the words " one thousand hours "; (vi) omitting from the proviso to provision (ii) of paragraph (a) the word " six " and inserting in its stead the word " three "; (vii) omitting from paragraph (b) the words " for not less than five hundred hours " and inserting in their stead, the words " for at least two hundred and fifty hours within a period of six months "; (g) omitting rule 10 and inserting in its stead the following rule:- " 10. Qualifications for second - class engine driver ' s certificate. (1) The holder of a second -class engine driver's certificate that pursuant to rule 19 of this Schedule is restricted to a particular steam engine or class of steam engine , who, since the grant of that restricted certificate, has been in charge of the steam engine or the class of steam engine to which the certificate is restricted for at least one thousand hours shall, subject to his qualifying therefor by examination, be entitled to a second- class engine driver's certificate without restriction. (2) The holder of a second- class engine driver's certificate that pursuant to rule 19 of this Schedule is restricted to a particular steam generating boiler and its feed water pumps or class of steam generating boiler and feed water pumps, who, since the grant of that restricted certificate, has been in charge of the steam generating boiler and feed water pumps to which the certificate is restricted for at least one thousand hours, and who, in addition, has had experience of working with a steam engine other than a feed water pump for at least five hundred hours shall, subject to his qualifying therefor by examination, be entitled to a second- class engine driver's certificate without restriction. (3) The holder of a second-class boiler attendant's certificate who, since the grant of that certificate, has assisted the person in charge of engines, for taking charge of which the required authority is a first-class or second- class engine driver's certificate, for at least two hundred and fifty hours shall be entitled to a second- class engine driver's certificate. (4) An applicant for a second- class engine driver's certificate, other than a holder referred to in subrule (1), (2) or (3) of this rule, shall have had experience of working under the direct supervision of a certificated engine driver with steam generating boilers and steam engines for at least seven hundred and fifty hours within a period of eighteen months. (5) The experience required of an applicant by the preceding subrule (4) shall be proved by the evidence of the certificated engine driver or engine drivers under whose direct supervision the .experience has been had unless the Board, being satisfied that for good reason such evidence is not available, accepts the evidence in that behalf of some other person or persons. (6) A certificated engine driver whose evidence is sought by an applicant for the purposes of this rule shall furnish that evidence save where he satisfies the Board that he has good grounds for failing so to do.";
Inspection of Machinery Acts Amendment Act 1971, No. 77 975 (h) omitting rule 11 and inserting in its stead the following rule:- " 11 . Qualifications for locomotive driver ' s certificate. (1) An applicant for a steam locomotive driver's certificate- (a) Shall have had experience under the supervision of a certificated steam locomotive driver in the operation of steam locomotives for at least five hundred hours within a period of twelve months; or (b) Shall be the holder of an oil locomotive driver's certificate who, since the grant of that certificate, has had experience under the supervision of a certificated steam locomotive driver in the operation of steam locomotives for at least two hundred and fifty hours. (2) An applicant for an oil locomotive driver's certificate- (a) Shall have had experience under the supervision of a certificated oil locomotive driver in the operation of oil locomotives for at least two hundred and fifty hours within a period of six months; or (b) Shall be the holder of a steam locomotive driver's certificate who, since the grant of that certificate has had experience under the supervision of a certificated oil locomotive driver in the operation of oil locomotives for at least one hundred hours."; (i) omitting rule 12; (j) in rule 12A, (i) omitting from paragraph (a) of subrule (1) the words " for not less than two thousand hours " wherever they occur and inserting in their stead in each case the words "for at least one thousand hours within a period of eighteen months "; (ii) omitting from paragraph (b) and from paragraph (c) of subrule (1) the words " for not less than two thousand hours " and inserting in their stead in each case the words " for at least one thousand hours "; (iii) omitting from paragraph (a) of subrule (2) the words " a third-class engine-driver's certificate or "; (iv) omitting from paragraph (a) of subrule (2) the words " for not less than two thousand hours " wherever they occur and inserting in their stead in each case the words " for at least five hundred hours within a period of twelve months "; (v) omitting from paragraph (b) and from paragraph (c) of subrule (2) the words " for not less than two thousand hours " and inserting in their stead the words " for at least seven hundred and fifty hours "; (vi) omitting subrules (3) and (4) and inserting in their stead the following subrule:- " (3) Third-class. An applicant for a third-class boiler- attendant's certificate- (a) Shall have had experience of working, under the supervision of a holder of an engine-driver's certificate or of a boiler-attendant's certificate of any class or of a person approved by the Chief Inspector, with boilers, for taking charge of which the required authority is a third-class boiler-attendant's certificate, for at least two hundred and fifty hours within a period of three months; and
976 Inspection of Machinery Acts Amendment Act 1971, No. 77 (b) Shall have passed such oral and practical examination as the Board approves, conducted by an inspector, with respect to boilers for taking charge of which the required authority is a third-class boiler-attendant's certificate. Where such examination is taken by the applicant in respect of a boiler the heating surface of which does not exceed 200 square feet or in respect of an electrically heated boiler, the Board may, pursuant to rule 19 of this schedule, restrict any certificate granted in consequence to that class of boiler in respect of which the examination was taken, and may thereafter deal with the certificate and the restriction attaching thereto as provided by that rule."; (k) omitting rule 15 and inserting in its stead the following rule:- " 15. Qualifications for internal combustion certificate. (1) An applicant for an internal combustion certificate- (a) Shall have had experience of working, under the direct supervision of a certificated engineer or of a certificated engine driver, with internal combustion engines having an area or, as the case may be, an aggregate area of cylinder in excess of 100 square inches for at least one thousand hours within a period of two years; or (b) Shall have been in charge, either outside the State of Queensland or on board ship, of internal combustion engines such that for taking charge of like engines within the State the required authority is an internal combustion certificate, for at least one thousand five hundred hours. (2) The experience required of an applicant by paragraph (a) of the preceding subrule shall be proved by the evidence of the certificated engineer or engineers or the certificated engine driver or engine drivers under whose direct supervision the experience has been had unless the Board, being satisfied that for good reason such evidence is not available, accepts the evidence in that behalf of some other person or persons. The experience required of an applicant by paragraph (b) of the preceding subrule shall be proved by documentary evidence certified by the person or persons under whom the experience has been obtained. (3) A certificated engineer or engine driver whose evidence is sought by an applicant for the purposes of this rule shall furnish that evidence save where he satisfies the Board that he has good grounds for failing so to do. (4) Where, in the case of an applicant who claims the experience referred to in paragraph (a) of subrule (1) of this rule, the area or aggregate area of cylinder of the engines concerned does not exceed 200 square inches the Board may, pursuant to rule 19 of this schedule, grant to the applicant an internal combustion certificate restricted to that class of engine if the applicant has had the experience required by that subrule (1) for at least five hundred hours within a period of twelve months and may thereafter deal with the certificate and the restriction attaching thereto as provided by that rule.";
Inspection of Machinery Acts Amendment Act 1971, No. 77 977 (1) omitting rules 16 and 16A and inserting in their stead the following rules:- "16. Qualifications for refrigeration certificate . (1) An applicant for a refrigeration certificate- (a) Shall have had experience of working, under the direct supervision of a certificated engineer or of a certificated engine driver, with refrigeration machinery driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 100 horse-power for at least one thousand hours within a period of two years; or (b) Shall have been in charge, either outside the State of Queensland or on board ship, of refrigeration machinery such that for taking charge of like machinery within the State the required authority is a refrigeration certificate, for at least one thousand five hundred hours. (2) The experience required of an applicant by paragraph (a) of the preceding subrule shall be proved by the evidence of the certificated engineer or engineers or the certificated engine driver or engine drivers under whose direct supervision the experience has been had unless the Board, being satisfied that for good reason such evidence is not available, accepts the evidence in that behalf of some other person or persons. The experience required of an applicant by paragraph (b) of the preceding subrule shall be proved by documentary evidence certified by the person or persons under whom the experience has been obtained. (3), A certificated engineer or engine driver whose evidence is sought by an applicant for the purposes of this rule shall furnish that evidence save where he satisfies the Board that he has good grounds for failing so to do. 16A. Qualifications for air - conditioning operator's certificate. (1) An applicant for an air-conditioning operator's certificate- (a) Shall have assisted the qualified person in charge of air-conditioning machinery driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 200 horse-power for at least five hundred hours within a period of twelve months; or (b) Shall be the holder of a certificate of competency granted under The Electrical Workers and Contractors Acts 1962 to 1968 or in force for the purposes of those Acts as an electrical fitter or an electrical mechanic and shall have assisted the qualified person in charge of air-conditioning machinery driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 200 horse-power for at least two hundred and fifty hours within a period of twelve months; or
978 Inspection of Machinery Acts Amendment Act 1971, No. 77 (c) Shall be a qualified fitter or refrigeration mechanic who has had experience in the manufacture and installation or in the maintenance of air-conditioning plants for at least twelve months and shall have assisted the qualified person in charge of air-conditioning machinery driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 200 horse-power for at least eighty hours within a period of twelve months; or (d) Shall, either outside the State of Queensland or on board ship, have been in charge of air-conditioning machinery driven by an engine or engines having a capacity or, as the case may be, an aggregate capacity in excess of 200 horse-power for at least two hundred and fifty hours within a period of twelve months, or have assisted the person in charge of such air-conditioning machinery as aforesaid for at least five hundred hours within a period of twelve months, and, in all such cases, save where the Board exempts the applicant, has passed such written examination as the Board requires in respect of the fundamentals of air-conditioning. (2) The Board may exempt from the requirement of passing an examination any applicant who satisfies it that he has attended a course (approved by the Board) on air-conditioning conducted by a college or institution approved by the Board, and has passed the final examination conducted by that college or institution in relation to that course. 16B. Qualifications for plant operator ' s certificate. , An applicant for a plant operator's certificate- (a) Shall have assisted the qualified person in charge of plant, for taking charge of which the required authority is a plant operator's certificate, for at least one hundred hours; and (b) Shall have passed such oral and practical examinations as the Board requires conducted by an inspector in respect of plant for taking charge of which the required authority is a plant operator's certificate."; (m) in rule 17, (i) omitting from provision (ii) of paragraph (a) of subrule (1) the word " twenty-one " and inserting in its stead the word " eighteen "; (ii) omitting from provision (ii) of paragraph (a) of subrule (1) the word " five " and inserting in its stead the word " six "; (iii) omitting from provision (a) of subrule (3) the word " twenty-one " and inserting in its stead the word " eighteen "; (iv) omitting from provision (a) of subrule (3) the word " four " and inserting in its stead the word " five "; (n) in rule 18, (i) omitting from provision (i) of subrule (3) the words " five hundred circular inches " and inserting in their stead the words " 500 square inches "; (ii) omitting from provision (ii) of subrule (3) the words " seven hundred and fifty circular inches " and inserting in their stead the words " 750 square inches ";
Inspection of Machinery Acts Amendment Act 1971, No. 77 979 (iii) omitting from provision (iii) of subrule (3) the words " nineteen thousand square feet " and inserting in their stead the words " 15,000 square feet "; (iv) adding to subrule (3) the following provision:- 66 I (iv) Any steam turbine or steam turbines to and with respect to which section 15 of this Act applies and its or their attendant machinery and boiler or boilers where the horse-power or combined horse-power of the turbine or turbines does not exceed 600, or of any steam turbine or. steam turbines and its or their attendant machinery (but not including a steam generating boiler or boilers) where the horse-power or combined horse-power of the turbine or turbines does not exceed 1,250."; (v) omitting from paragraph (a) of subrule (4) all words from and including the words "and of any" to the end of the paragraph and inserting in their stead the words " and of any steam engine or steam engines the area or aggregate area of cylinder of which does not exceed 150 square inches and of its or their boiler or boilers the area or aggregate area of heating surface of which does not exceed 6,000 square feet "; (vi) omitting subrules (5), (6), (7) and (8); (vii) omitting from subrule (12) the words " A first-class " and inserting in their stead the word "An "; (viii) omitting from subrule (12) the second paragraph; (ix) omitting from subrule (13) the words " first-class "; (x) omitting from subrule (13) the second paragraph; (xi) omitting from subrule (16) the words " five thousand " and inserting in their stead the expression " 6,000 "; (o) omitting rule 18A and inserting in its stead the following rule: " 18A. Status of boiler attendant ' s certificate of competency. (1) First -class. Subject to subrule (4) of this rule, a first-class boiler attendant's certificate shall authorize the holder thereof to have charge of any boiler or boilers, and its or their feed pumps, to and with respect to which section 15 of this Act applies. (2) Second -class. Subject to subrule (4) of this rule, a second-class boiler attendant's certificate shall authorize the holder thereof to have charge of any boiler or boilers, and its or their feed pumps, to and with respect to which section 15 of this Act applies, the area or aggregate area of heating surface of which does not exceed 15;000 square feet. (3) Third-class. Subject to subrule (4) of this rule, a third-class boiler attendant's certificate shall authorize the holder thereof to have charge of- (a) any boiler of conventional design the area of heating surface of which does not exceed 500 square feet; (b) any automatic electric boiler the power input of which does not exceed 600 kilowatt, to and with respect to which section 15 of this Act applies. (4) A boiler attendant's certificate shall not authorize the holder thereof to have charge of two or more boilers unless the Chief Inspector or his representative is satisfied that the boilers
980 Inspection of Machinery Acts Amendment Act 1971, No. 77 are so situated that the duties of the person having charge of them can be discharged without risk or danger to any person from the boilers or any of them."; (p) omitting rule 18B and inserting in its stead the following rule:- " 18B. Status of plant operator ' s certificate of competency. A plant operator's certificate of competency shall authorize the holder thereof to operate any one or more of the following classes of plant, according as the certificate specifies:- (a) Power grader; (b) Tractor; (c) Dozer; (d) End loader or overloader; (e) Ditcher; (f) Road roller; (g) Straddle truck; (h) Trencher (footpath); (i) Winch; (j) Portable air-compressor; (k) Dredging equipment; (1) Simplex oil locomotive; (m) Other plant determined by the Chief Inspector."; (q) omitting rule 21 and inserting in its stead the following rule:- " 21. Qualifications for applicant for welding certificates. (1) An applicant for an oxy-acetylene and gas welding certificate for mild steel shall prove by documentary evidence that- (a) he has completed an apprenticeship to an approved engineering trade and during or subsequently to such apprenticeship has had at least two years' training and experience as a manual metal oxy-acetylene or gas welder; or (b) he has had at least five years' experience as a manual metal oxy-acetylene or gas welder; or (c) he has had at least three years' experience as a manual metal oxy-acetylene or gas welder and has obtained a certificate from an approved technical college course in welding. (2) An applicant for an arc welding certificate for mild steel shall prove by documentary evidence that- (a) he has completed an apprenticeship to an approved engineering trade and during or subsequently to such apprenticeship has had at .least two years' training and experience as a manual metal arc welder; or (b) he has had at least five years' experience as a manual metal arc welder; or (c) he has had at least three years' experience as a manual metal arc welder and has obtained a certificate from an approved technical college course in welding.
Inspection of Machinery Acts Amendment Act 1971, No. 77 981 (3) An applicant for an oxy-acetylene welding pressure pipe certificate for carbon and low alloy steel pipes shall prove by documentary evidence that- (a) he has had at least two years' experience in the gas welding of steel including piping; or (b) he has had at least one year's experience in pipe welding under a qualified supervisor and during this period had three months' intensive training at an approved technical college. (4) An applicant for an arc welding pressure pipe certificate for carbon and low alloy steel pipes shall prove by documentary evidence that- (a) he has had at least two years' experience in arc welding of steel including piping; or (b) he has had at least one year's experience in the arc welding of pipes under a qualified supervisor and during this period has had three months' intensive training at an approved technical college. (5) An applicant for a welding supervisor's certificate shall. prove by documentary evidence that- (a) he has held an arc welding certificate for a period of at least two years and since the granting of such certificate has had at least two years' welding experience to the satisfaction of the Chief Inspector; or (b) he holds an are welder's certificate and has obtained a certificate from an approved technical college welding supervisors' course and has had at least one year's experience in the welding of boilers or pressure vessels subsequent to gaining the arc welder's certificate; or (c) he holds a certificate in engineering or metallurgy from an approved technical college or institute and since obtaining that certificate, has had at least three years' approved experience in the construction of welded boilers, unfired pressure vessels, piping or structures, with 1 at least one of these years in the construction of welded boilers or pressure vessels. (6) An applicant for an arc welding pressure pipe certificate for high alloy steel shall prove by documentary evidence that- (a) he has had at least two years' experience in arc welding of steel including three months' continuous pressure pipe welding and one week's continuous training of welding of high alloy steel pressure piping; or (b) he has had at least one year's experience in pipe welding under a certificated supervisor and during this period has had at least three months' intensive training in pipe welding at a training establishment approved by the Chief Inspector and during such three months period has had at least one week's continuous training on welding high alloy steel piping.
982 Inspection of Machinery Acts Amendment Act 1971, No. 77 (7) An applicant for an Inert-Gas manual arc welding certificate for aluminium and aluminium alloys shall prove by documentary evidence that- (a) he has completed an apprenticeship to an approved engineering trade and during or subsequently to such apprenticeship has had at least two years' training and experience as a manual arc welder; or (b) he has had at least four years' experience as a manual arc welder; or (c) he has had at least three years' experience as a manual arc welder and obtained a certificate from an approved technical college course in welding. The experience required by this subrule shall include not less than six months' experience of Tungsten Inert-Gas welding or Metal Inert-Gas welding, or both, of aluminium. (8) An applicant for an Inert-Gas automatic are welding certificate for aluminium and aluminium alloys shall prove by documentary evidence that- (a) he has completed an apprenticeship to an approved engineering trade and during or subsequently to such apprenticeship has had at least two months ' training and experience with Tungsten Inert-Gas welding or Metal Inert-Gas welding; or (b) he has had at least three years' experience as an arc welder and during or subsequently to this experience has had at least two months' training and experience with Tungsten Inert-Gas welding or Metal Inert-Gas welding; or (c) he has had at least six months' training and experience with Tungsten Inert-Gas welding or Metal Inert-Gas welding and mechanical gouging. (9) Holders of certificates may, if considered necessary, be required to submit to tests to obtain endorsement for the welding of special materials and to weld in special positions. (10) All examinations for welding certificates will be in accordance with the Codes for Certification in Welding compiled by the Standards Association of Australia."; (r) adding the following rule:- " 22. Continuation and status of certificate of competency granted prior to amendment of rules. (1) A certificate of competency that was granted before the date of passing of the Inspection of Machinery Acts Amendment Act 1971 and that is not expired or cancelled at that date shall, subject to any suspension thereof then subsisting, continue to be a valid certificate in respect of the machinery or class of machinery for having charge of which the certificate was sufficient authority at that date whether or not the certificate is provided for in this Act since that date and the holder of the certificate is authorized, subject as aforesaid, to have charge of such machinery or of machinery of such class or of such machinery as may hereafter be endorsed on the certificate pursuant to this Act.
Inspection of Machinery Acts Amendment Act 1971, No. 77 983 (2) The holder of a certificate of competency- (a) being a certificate to which the preceding subrule applies; and (b) being a certificate that, since the date of commencement of the Inspection of Machinery Acts Amendment Act 1971- (i) is not provided for by this Act, or (ii) has a status different from that had by it immediately prior to that date, who applies to the Board for a certificate of competency for which experience is required under this Act additional to the experience required of the holder for the grant of the certificate held by him at the time when it was granted may be granted the certificate for which he applies- (c) upon his satisfying the Board that since the grant of the certificate he has had sufficient experience in the operation of machinery for having charge of which the required authority is the certificate sought; and (d) upon his passing such oral, written or practical examination as the Board requires.".
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