Inspection of Machinery Acts and Another Act Amendment Act of 1939 (3 Geo Vi No. 17) (Qld)

3 GEO. VI. No. 17, 1939. LABOUR. . 17581 Inspection of Machinery Acts; Etc., Act. An Act to Amend "The Inspection of Machinery 3 * ~ .017~ I. , Acts, 1915 to 1930," and "The Electric Light INS; ~ ION acenrdtaIP . nowpearrtI . Acuct I sa, rs1. 896 to 1938," each inM A ~ A M N E : O ~ : ' TH i ~ E o R Y mT [ASSENTED TO 21sT NOVEMBER, 1939.) ACT OF 1939. B E it enacted by the King's Most Excellent Majesty! by and with the advice and consent of the Legis- lative A.ssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. (1.) This Act may be cited as "The Inspection of Shorl title. Machinery Acts and Another Act Amendment Act of 1939." (2.) This Act is divided into Parts as follows : - Parts of Act. PART I.-PRELIMINARY; PART H.-AMENDMENTS OF *"THE INSPECTION OF MACHINERY ACTS, 1915 TO 1930"; PART HI.-AMENDMENTS OF t" THE ELECTRIC LIGHT AND POWER ACTS, 1896 TO 1938." AMPEANRDTMIEIN. - TS OF ,. THE INSPECTION PART H.-AMENDMENTS OF, *" THE INSPECTION OF MAC~ ERY MACHINERY ACTS , 1915 TO 1930 • " ATCOTS1, 93109. 1"5 2. This Part shall be read as one with *"The Construction Inspection of Machinery Acts, 1915 to 1930," hereinafter of Part IT. in this Part referred to as the Principal Act. The Principal Act and this Part may be collectively Collective cited as "The Inspection of Machinery Act8, 1915 to title. 1939." , 3. Section four of the Principal Act is amended: Amendment. as follows :_ of s. 4. (a) The definition "Boiler" is repealed and the following new definition is inserted in lieu thereof, namely:- " " Boiler "-Any vessel used or capable of being Boiler. used under or subject to pressure from steam, air, gas, or liquid: without limit to the generality of its meaning the term includes • 6 Geo. V. No. 24 and amending Acts, supra, pages 6859 et seg. t 60 Vic. No. 24 and amending Acts, supra, pages 702 et Beg.

17582 . PABTII.- AMENDMENTS OF "THE INSPECTION OF MACHINERY ACTS, 1915 TO 1930." • LA.BOUR. Inspection of Machinery Acts, Etc., Act. 3 GEO. VI. No. 17, 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; also all settings, fittings, mountings, feed pumps, injectors, and all other equipment and piping necessary for the safe and efficient working of such boilers; 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." (b) The definition "Engine" is repealed and the following new definition is inserted in lieu thereof:- Engine. " " Engine"-A piece of mechanism used to convert heat or some other form of energy into mechanical work, or a machine for the development or utilisation of power from some source of energy such as coal, gas, oil, compressed air, or source other than electricity." (c) The definition "Machinery" is amended by adding thereto the words " but not including any electric motor, electric generator, electric convertor, electric transformer, or electric rectifier." (d) The definition "Refrigerating Machinery" is repealed and the following new definition is inserted in lieu thereof:- Refrigerating machinery. " "Refrigerating machinery"-Machinery used for the purpose of reducing temperatures by compression or absorption systems of refrigeration. 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 (C0 2) as a refrigerant 1·2 cubic feet per minute, for a system using ammonia as a refrigerant

LABOUR. 17583 1939. Inspection of Machinery Acts, Etc., Act. PART II.- •AMENDMENTS OF" THE INSPECTION OF MACHINERY 4·25 cubic feet per minute, for a system ACTS, 1915 TO 1930." using freone as a refrigerant 8·4 cubic feet per minute, for a system using methyl chloride as a refrIgerant 8·5 cubic feet per a minute, and for a system using carrene as refrigerant 10·2 cubic feet per minute." 4. The following paragraphs (vi.) and (vii.) are Amendment added to section five of the Principal Act, namely:- of s. 5. "(vi.) Being a hydraulic engine used in generating electricity; (vii.) Being a steam or internal combustion engine used in the power-house of any Electric Authority." • 5. Section fourteen of the Principal Act is amended ~ ~ ~~ ents as follows : - (a) The words "or steam generating boiler" are added to paragraph (c) of subsection three thereof. (b) The following new subsection five is added thereto, namely:- "(5.) For the purposes of safety, every engineer or engine-driver in charge of a plant in which two or more machines of an aggregate capacity of ten thousand horse-power or more are in operation during any shift shall for the whole period of such shift be provided with an assistant who shall be qualified under this Act to take charge of the whole of such 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." 6. Section sixteen qf the Principal Act is amended ~ ~~tnents as follows:- (a) The following new subsection lA is inserted after subsection one thereof, namely:- " (lA. ) No machinery shall be used or continue to be used unless such machinery, including belting gearing and other moving parts, are safely guarded and fitted with adequate means of immediately stopping or starting same by means of switch, fast and loose pulleys, or other approved means. It shall be an offence to remove' or put on belting while the shaft is in motion." E

17584 LABOUR. PARTII.- AMENDMENTS • OF" THE Inspection of Machinery Acts, Etc.; Act. 3 GEO. VI. No. 17, INSPECTION OF ~~ ~ :, n; ~ ~~ (b) In subsection two thereof the words "subsection TO 1930." one of" are inserted before the words" this section." Amendments 7. Section forty-five of the Principal Act is amended of s. 45. ae follows:- (a) Subsections one and two thereof are repealed and the following new subsections one, two, and (2A) are inserted in lieu of such repealed subsections, namely:- Engines " (1.) Every engine or steam boiler to which this ~ ~ ~ :rt; ~ : be section applies shall at all times while the same is under in c~arge of working conditions be in charge of a person who holds ~ ~ ! ! ~ at:~ . the proper certificate of competency under this Act of the , grade prescribed for the engine or steam boiler in question. When offence to interfere with engineer in charge. (2.) Any owner of any engine or steam boiler to which this section applies who fails to employ a person holding a proper certificate of competency to act in the capacity of engineer or engine-driver in charge of such engine or steam boiler at all times while the same is under working conditions, or any person other than a person holding a proper certificate of competency who acts in such capacity, shall be guilty of an offence and liable to a penalty not exceeding five pounds for every day or part of a day during which such offence is continued. (2A.) Any person who causes or attempts to cause an engine-driver or engineer qualified under this Act to be and in charge of any machinery to which this Act applies- (a) To do any act, matter, or thing contrary to this Act; or (b) To omit to do any act, matter, or thing in accordance with this Act, in his capacity as such engine-driver or engineer in charge shall, unless he is himself qualified under this Act to act in the capacity of engine-driver or engineer in charge of such machinery, be liable to a penalty of not more than fifty pounds." (b) Subsection four thereof is repealed and the following new subsection inserted:- " (4.) No person shall be considered to be in charge of a steam boiler or steam boilers unless he can at all times see the water in the water gauges and read the pressure gauge while such boiler or boilers is or are under

LABOUR. 17585 PABTII.- 1939. Inspection of Machinery Acts, Etc., Act. AMENDMENTS OF "THE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ INSP~ ;TION working conditions, except in the case of a boiler of less M AC A T C S H , IN 1 E 9R1 Y 5 than eight horse-power solely used for heating or sterilis- TO 1930." ing purposes in a cheese factory or except in the case of small boilers of less than four horse-power oflow pressure or low rate of evaporation, in which case the person in • charge shall be;to the satisfaction of the Chief Inspector, always within safe distance of such boiler. In all cases the person in charge of any steam engine shall not be out of sight or hearing distance of such engine." (c) Subsection five thereof is amended by inserting therein before the words "A refrigeration certificate" the words "Except where the person in charge is the holder of an engineer's certificate issued under this Act." (d) Subsec~ion six thereof is repealed and the following new subsection inserted in lieu thereof:- " (6.) Notwithstanding anything contained in this Act, this section applies to all machinery, whether 01iherwise subject to this Act or not, with the exception of- (i.) Locomotives vested in or under the control of the Commissioner for Railways; or (ii.) Internal combustion engines the area of cylinder or combined area of cylinders of which does not exceed sixty circular inches ; or (iii.) Hydraulic engines used in generating electricity; or (iv.) Every internal combustion engine installed in the power-house of any Electric Authority when in use between the hours of eleven o'clock in the afternoon of any day and seven 0'clock in the forenoon of the next succeeding day and which- (a) In any case where such engine was so installed at the date of the passing of *" The Inspection of Machinery Acts Amendment Act of 1939," has a capacity not exceeding seventy-five horse-power, or (b) In any case where such engine is installed after such last-mentioned date, has a capacity not exceeding fifty horse-power; or * This Act.

17586 PARTII.- AMENDMENTS OF" THE INSPECTION OF MACHINERY ACTS, 1915 TO 1930." LABOUR. Inspection of Machinery Acts, Etc., Act. 3 GEO. VI. No. 17, (v.) Refrigerating machinery used for air conditioning and having a capacity not exceeding twenty tons provided that the refrigerant used is non-toxic." Amendment 8. In subsection two of section forty-six of the of s. 46. Principal Act the words" Every certificate improperly obtained, whether obtained" are repealed and the words " Every certificate obtained by fraud or fraudulent means, or which for any other reason whatsoever has not been properly obtained or issued, whether obtained or issued" are inserted in lieu of the words so repealed. Amendment 9. In section forty-seven of the Principal Act of s. 47. the words "and therefore dangerous" are repealed and the words "and/or dangerous" are inserted in lieu of such repealed words. New B. 47A. 10. The following new section 47 A is inserted after section forty-seven of the Principal Act, namely:- Chief "[47A.] If the Chief Inspector is of opinion that Imnaspyelcimtoirt it is impracticable and/or dangerous for any certificated number of engineer or engine-driver to take sole charge of any ecnhgairngeesoifn number of engines at the same time, he shall serve the one person. owner with notice in writing requiring him, on and after a date to be stated in such notice, to place a certain engine or engines in charge of an additional certificated engineer or engine-driver. Any person upon whom such notice has been served who fails to comply therewith shall be liable to a penalty not exceeding fifty pounds." New B. 54A. 11. The following new section 54A is inserted after section fifty-four of the Principal Act, namely:- Shift engineer to keep record book. "[54A.] Every owner of machinery which is run continuously or for more than one watch or shift per day shall provide and maintain as directed by the Chief Inspector a record book in which the engineer or engine- driver in charge during each shift or watch shall record essential information regarding the running and l'epair of the machinery." New s. 55A-. 12. The following new section 55A is inserted after section fifty-five of the Principal Act, namely:- Wh~n & "[55A.] When an engineer or engine-driver in charge emnagymreeeqr. uirce. , 0 f any mach"mery IS requI.red by the owner t 0 d 0 or . ~ itten. refrain from doing any act, matter, or thing in connection instructIOn. Wl 'th such machinery and compliance WI 'th such

LABOUR. 17581 1939. Inspection of Machinery Acts, Etc., Act. PART 11.-- AMENDMENTS OF" THE INSPECTION OF instruction would, in his opinion constitute either a MACATCSH,IN 1 E 9R1 Y 5 risk of accident to persons and/or machinery or a breach TO 1930." of any provision of this Act, such engineer or engine- driver 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." 13. In Schedule 1. of the Principal Act all words ~ n~t~ ~Tt from and including the words "But not including" to~ . c e u e the end of the said Schedule are repealed and the following words are inserted in lieu of such repealed words, namely ;- " But not including- Such machinery (including oil and hot-air engines) or implements as are commonly used in agricultural, mining, or dairying pursuits, or pumping plant used in agricultural or dairying or pastoral pursuits, if in every case the motive power of such machinery, implements, or plant does not exceed in the case of engines an area of cylinder or combined area of cylinders in measurement sixty circular inches, or farm tractors driven by oil; or machinery used in agricultural, dairying, or farming pursuits (but not sheep- shearing machinery) where the motive power is obtained from an electric motor or electric motori\ of a capacity up to and including twenty-five horse-power; or On and after the first day of January, one thousand nine hundred and forty-all machinery driven by an electric motor or motors the power or aggregate power of which does not. exceed five horse-power other than lifts, escalators, dumb-waiters, cranes, and hoists; or Machinery, tools, or instruments which are directly worked by hand or foot power; or Vehicles propelled, hauled, or moved by direct hand, foot, or animal power." 14. Rule sixteen of Schedule H. to the Principal o A f mSecnhdemduelnets Act is amended, as follows;- H. (a) In subrule one thereof the word "steam" where that word first occurs is repealed; (b) A new subrule 6A is inserted, as follows : - "6A. The grade of certificate to be held by the person in charge of any steam boiler and its feed pumps in any case where such boiler is fed by electrically driven feed pumps shall be determined by reference to the electrical horse-power of the motor or motors driving such pumps, and for the purposes of such determination one electrical horse-power shall be considered to be equal to three and three-tenths circular inches of steam cylinder area. The number of such boilers that anyone certificated person may safely take charge of shall be determined by the Chief Inspector."

17588 LABOUR. PART I1I.- AMENDMENTS OF" THE Inspection of Machinery Acts, Etc., Act. 3 GEO. VI. No. 17, ELECTRIC LIGHT AND POWER *" ACTS, 1896 TO 1938." PART IlL-AMENDMENTS OF THE ELECTRIC LIGHT AND POWER ACTS, 1896 TO 1938." oCCfooPlnlsaetcrrttuivcI et l i l o . n Electr 1 ic 5. Li T g h h i t s an P d ar P t ow sh e a r ll Ac b t e s, r1e8a9d6 t a o s 1o9n3e8," wiatnhd * t " h T o h s e e title. Acts and this Part may be collectively cited as "The Electric Light and Power Acts, 1896 to 1939." Amendments 16. Section 48A of *"The Electric Light and Power of S. 48A. Acts, 1896 to 1938 " is amended as follows : - (a) The following paragraph is added to subsection three of the said section, namely :- "Without limiting the generality thereof, such regulations may provide for- (a) The examination, testing, approval, and marking and the withholding and withdrawal of approval, or the conditional approval, of any type, description, or class of wire, cable, appliance, fitting, meter, insulator, apparatus, and/or material intended, suggested, or designed for use in or for purposes of or for connection to any electrical installation; (b) Prescribing. standards for electric wires and cables and for the materials. used in the manufacture of electrical appliances, fittings, meters, insulators, and/or ·apparatus; (c) The fees to be charged for any examination, test, and/or approval of any type, descrip- tion, or class of wire, cable, appliance, fitting, meter, insulator, apparatus,and/or material intended, suggested, or designed for use in or for purposes of or for connection to any electrical installation; (d) The. onus of proof of any matter arising in proceedings for an offence against this section or any regulation referred to in this subsection; (e) The duties, powers, and authorities of inspectors under and for the purposes of this section or any regulation referred to in this subsection." * 60 Vie. No. 24 and amending Acts, supra, pages 702 et seq.

LABOUR. 17589 PART IlI.- 1939. Inspection of Machinery Acts, Etc., Act. AMENDMENTS OF" THE ELECTRIC LIGHT (b) The following new subsections, numbered AANCDTSP, O 1 W 89 E 6 R respectively, four and five, are inserted in the said TO 1938." section after subsection three thereof, namely:- " (4.) (i.) If in the opinion of the Commission any Power to wire, cable, appliance, fitting, meter, insulator, apparatus, ~ ommissiofn or materI'a1'Intended, suggested,or deS' Igned£or use m. eInmcearsgeesnc 0 y or for the purposes of or for connection to any electrical ~ ~ profib~ installation would be or would become unsafe or oreu:: ~ f c.• dangerous in use the Commission notwithstanding dunsafe or anythm' g here. mbe.loreecont'amed ' In t hI' S sectI.On may elaencgtreircoauls in cases of emergency, with the approval of the Governor~ paratus, in Council, prohibit the sale or use of any wire, cable, c. appliance, fitting, meter, insulator, apparatus, or material of that description by notices as hereinafter provided. (ii.) Every notice shall- (a) Be in writing ; Notice of prohibition. (b) Contain a description of the wire, cable, appliance, fitting, meter, insulator, apparatus, or material; and (c) Contain a direction prohibiting the person to whom it is addressed from selling, exposing for sale or advertising for sale or (as the case may be) from using any wire, cable, appliance, fitting, meter,insulator, apparatus, or material of the description specified in the notice. (iii.) Every person who after receiving such a notice Contt;ra- se 11 s, hI· res, or exposes . C lor sa1e or hI' re, or advert'Ises £ or ovfefnenIcOen. an sale or hire or causes to be sold or hired or exposed or advertised for sale or hire or (as the case may be), uses any wire, cable, appliance, fitting, meter, insulator, apparatus, or material of the description specified in the notice shall be guilty of an offence against this Act. (5.) The Commission may at any time and from ¥ower to time to time cause its inspectors to inspect all ~ ~ ~ ~ : r~ ~ al electric lines, wiring, fittings, accessories, appliances, installations consuming devices, and control and protective gear : ~ ~ erwise associated with any electric generating plant used for subject to generating electrical energy at a pressure of or Act. greater than UO volts direct current or 50 volts alternating current, and may prohibit the use of any such electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective devices associated with any such generating plant which is or are found to be unsafe.

17590 LABOUR. PART H1.- AMENDMENTS OF "THE W orke·rs' Compensation Acts, Etc., Act. 3 GEO. VI. No. 36, ELECTRIC LIGHT AND POWER ACTS, 1896 The Governor in Council may from time to time TO 1938." make regulations for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this subsection. Without limiting the power of the Governor in Council in that behalf, such regulations may prescribe the powers and duties of inspectors, the entry by inspectors for the purpose of inspecting such electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective devices, the fee and/or expenses which shall be payable by the owners of such electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective devices for the services of the inspector or the Commission, and the penalties for any breach of any such regulation." (c) Subsection four of the said section is renumbered subsection six. 3 ;g.036: 1. An Act to Amend" The Workers' Compensation WOi::RS' Acts, 1916 to 1936," and "The Workers' JJ~ { J: ; ~ ~ R Compensation (Lead Poisoning, Mount Isa) AM~ ~ ~ ENT Act of 1933" in certain particulars, and ' i~ ~ g: for other purposes. [ASSENTED TO ,6TH DECEMBER, 1939. ] 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:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as "The Workers' Compensation Acts and Another Act Amendment Act of 1939." Parts of Act. 2. This Act is divided into Parts as follows, namely:- PART I.-PRELIMINARY; PART lI.-AMENDMENTS OF *" THE WORKERS' COMPENSATION ACTS, 1916 TO 1936" ; t" PART lII.-AMENDMENTS OF THE WORKERS' COMPENSATION (LEAD POISONING, MOUNT ISA) ACT OF 1933." * 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seg. t 24 Geo. V. No. 34, supra, page 14641.