Inspection of Machinery Acts and Another Act Amendment Act of 1966 (Qld)

143 ( tt££tts[Z1114 ANNO QUIN T O DECIMO ELIZABETHAE SECUNDAE REGINAE No. 20- of 1966 An Act to Amend "The Inspection of Machinery Acts, 1951 to 1963," and "The Inspection of Scaffolding Acts, 1915 to 1963," each in certain particulars [ASSENTED TO 15TH DECEMBER, 1966] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- PART I-PRELIMINARY 1. (1) Short title. This Act may be cited as " The Inspection of Machinery Acts and Another Act Amendment Act of 1966." 2. Parts of Act. This Act is divided into Parts as follows:-- PART I-PRELIMINARY; PART II-AMENDMENTS OF " THE INSPECTION OP MACHINERY Acrs, 1951 TO 1963 "; PART III-AMENDMENTS OF " THE INSPECTION OF SCAFFOLDING Acrs, 1915 To 1963."

144 Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 PART II-AMENDMENTS OF " THE INSPECTION OF MACHINERY ACTS, 1951 TO 1963." 3. (1) Interpretation of Part II . This Part II of this Act shall be read as one with " The Inspection of Aachinery Acts. 1951 to 1963," which Acts are herein referred to as the Principal Act. (2) Collective title. The Principal Act and this Part 11 of this Act may be collectively cited as " The Inspection of Machinery Acts, 1951 to 1966." 4. Amendment of s. 7. Section seven of the Principal Act is amended by inserting after the definition " Engine " the following definition:- Escalator "-A power driven inclined continuous stairway used for raising or lowering passengers: The term includes a moving walkway;". 5. Repeal of and new s. 21. The Principal Act is amended by repealing section twenty-one and inserting in its stead the following section :- " [21.] Engines, transmission machinery , &c. (1) The owner- (a) shall cause to be securely fenced with fencing of substantial construction- (i) any and every fly-wheel directly connected with any engine, whether in an engine house or not; (ii) every moving part of any engine likely to endanger any person liable to pass nearby, and every hoist or lift near to which any person is liable to pass, whether such person passes in the course of his employment or otherwise; and (iii) every wheel-race, and shall cause such fencing to be at all times properly maintained; (b) shall cause to be securely fenced with fencing of substantial construction every part of any transmission machinery, unless it is in such a position or of such construction as to be as safe to every person employed or working with respect thereto as it would be if securely fenced, and shall cause such fencing to be at all times properly maintained; (c) shall not cause or allow any driving belt when not in use to rest or ride upon a revolving shaft which forms part of any transmission machinery; (d) shall- (i) provide suitable striking gear or other efficient mechanical appliances for moving any and every driving belt to and from fast and loose pulleys which form part of any transmission machinery; (ii) cause any such gear or appliances to be properly maintained and to be used for the purpose for which it is provided; and (iii) cause any such gear or appliances to be so constructed, placed and maintained as to prevent the driving belt from creeping back onto the fast pulley;

Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 145 (e) shall cause any and every dangerous part of any machinery (other than an engine or transmission machinery) to be securely fenced with fencing of substantial construction unless it is in such a position or of such construction as to be as safe to every person employed or working with respect thereto as it would be if securely fenced, and shall cause such fencing to be at all times properly maintained. In so far as the safety of a dangerous part of any machinery to which this paragraph applies cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this paragraph (e) shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part; (f) shall cause any part of a stock-bar which projects beyond the head-stock of a lathe to be securely fenced with fencing of substantial construction unless it is in such a position as to be as safe to every person employed or working with respect thereto as it would be if securely fenced, and shall cause such fencing to be at all times properly maintained; (g) shall cause any and every fence or other safeguards provided in pursuance of the provisions of this subsection to be constantly maintained and kept in position while the machine or part of a machine required to be thereby fenced or safeguarded is in motion or in use, except when such machine or part is necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all such conditions as may be prescribed are complied with in every respect. (2) When the Chief Inspector is satisfied that owing to special circumstances the fulfilment of any of the requirements of paragraphs (c) or (d ) of subsection ( 1) of this section is unnecessary or impracticable, he may by order direct that the requirement shall not apply in those circumstances. (3) Where the Governor in Council is satisfied that there is available and suitable for use in connection with any machinery of any class any type or description of safety device which- (a) prevents the exposure of a dangerous part of the machinery whilst in motion; or (b) stops the machinery forthwith in case of danger, he may make regulations directing that the owner shall provide and at all times maintain such type or description of device for use in connection with machinery included in such class of machinery as may be specified in the regulations: Provided that , in any proceedings in respect of any contravention of such regulations , it shall be a sufficient defence to prove that a device at least equally effective was being used in connection with the machinery in respect of which the contravention occurred. (4) The Governor in Council may, as respects any machinery or any process in which any machinery is used , make regulations requiring the fencing or safeguarding by the owner of parts of the machinery which are dangerous while in motion and of materials or articles which are dangerous while in motion in the machinery. (5) This section applies to and with respect to all machinery, whether or not specified for the time being in the First Schedule to this Act."

146 Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 6, Repeal of and new s. 26. The Principal Act is amended by repealing section twenty-six and inserting in its stead the following section:- " [26.] Doorways and floor openings . The occupier of any place- (a) shall cause to be securely fenced with fencing of substantial construction any and every doorway above ground level and any and every opening in any floor in such place which is used for hoisting or lowering goods or materials, whether by mechanical power or otherwise; and (h) shall cause such fencing to be at all times properly maintained and, except when the doorway or opening in question is being used for hoisting or lowering goods, kept in position." 7. Repeal of s. 27 and new ss . 27 and 27A. The Principal Act is amended by repealing section twenty-seven and inserting in its stead the following sections:- ft [27.] Hoists and lifts. (1) The occupier- (a) shall cause any and every hoistway or liftway in any place to be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut , any person falling down the way or coming into contact with any moving part of the hoist or lift; (b) shall cause such enclosure , including any gate fitted thereto, to be at all times properly maintained; (c) shall cause any and every such gate to be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed: Provided that in any case where the Chief Inspector considers that it is not reasonably practicable to fit such devices as aforesaid, the occupier shall be deemed to have complied sufficiently with the requirements of this paragraph (c) if the gate in question is provided with such arrangements as will secure the objects of this paragraph (c) so far as is reasonably practicable, and in any event such gate is kept closed and fastened except when the cage or platform is at rest at the landing; (d) shall cause any and every such hoist or lift and any and every such enclosure to be so constructed and maintained as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift; (e) shall cause to be marked and kept marked conspicuously on any and every such hoist or lift the maximum working load which it can safely carry and shall not cause or allow to be carried on any such hoist or lift a load greater than the load so marked. (2) The provisions of this section do not apply to any continuous hoist.

Inspection of Machinery Acts, Etc., Amendment Art of 1966, No. 20 147 (3) If it is shown to the satisfaction of the Chief Inspector that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoistway or liftway, he may by order direct that such requirement shall not apply as respects that class or description. [27A.] Unsafe or dangerous lift. (1) If a lift, escalator or hoist or any machinery connected with a lift, escalator or hoist in any place, is considered by an inspector to be dangerous to use, he may by order in writing prohibit the occupier of the place and owner of the lift, escalator or hoist, or either of those persons, from using that lift, escalator or hoist until the same or that machinery has been made safe to the inspector's satisfaction. - (2) An occupier or owner shall not use or cause or allow to be used a lift, escalator or hoist at any time when the use of that lift, escalator or hoist is prohibited by an order under this section." 8. Repeal of and new s. 28. The Principal Act is amended by repealing section twenty-eight and inserting in its stead the following section:- °G [28.] Restrictions on employment of minors and females , &c. (1) An owner shall not cause or allow- (a) a male person under eighteen years of age or a female under twenty-one years of age to have the care, custody, management or.working of any manually controlled lift; (b) a person under sixteen years of age to work or attend to any machinery or class of machinery operated by gas, steam, water or other mechanical power; (c) a person to clean or adjust any part of any machinery while the same is in motion; (d) a person to work between the fixed and moving parts of any machine while the machine is in motion by the action of gas, steam , water or other power; (e) a male person under eighteen years of age or a female to have the control of any engine or steam generating boiler, and a person shall not do in relation to any machinery any work, act or thing which the owner is prohibited by a provision of this subsection from causing or allowing that person to do: Provided that a female not under the age of twenty-one years may take charge of or have the control of a steam generating boiler not exceeding three horse-power and used for or in connexion with dairying on a dairy farm. (2) A person shall not work, and an owner shall not cause or allow a person to work, in any position where when so working such person is likely to come into direct contact with any moving machinery- (a) unless the hair of such person is cut short or securely fixed and confined close to his or her head by a net or otherwise; or (b) if such person is wearing any apron or other loose garment.

148 Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 9. Amendments of s. 30 . Section thirty of the Principal Act is renumbered subsection (1) and as so renumbered is amended by- (a) in subsection (1) as so renumbered inserting after the words "any day " the words " except Saturdays, Sundays and any day, other than a Saturday or Sunday, which by reason of the provisions of any Act, industrial award or other law is a holiday in the district wherein the machinery in question is situated "; and (b) adding the following subsection- " (2) Notwithstanding subsection (1) of this section. machinery may be inspected- (a) (on any Saturday, Sunday or day, other than a Saturday or Sunday, which by reason of any Act, industrial award, or other law is a holiday in the district in which the machinery in question is situated) at any time; or (b) (in the case of any day other than a day mentioned in paragraph (a) of this subsection), outside the hours specified in subsection (1) of this section, pursuant to a request in writing made by the owner to the Chief Inspector and upon an undertaking in writing given by the owner to the Chief Inspector to pay an additional inspection fee equal to the travelling expenses incurred by and the overtime payable to the inspector who makes the inspection in respect thereof. In every such case any unpaid amount of the additional inspection fee shall be recoverable as if such amount were part of the inspection fee payable in respect of the inspection in question ". 10. Amendment of s. 44 (1). Subsection (1) of section forty-four of the Principal Act is amended by inserting, after the words " The Chief Inspector " the words " or any inspector thereunto authorized in writing by the Chief Inspector, either generally or in the particular case,". 11. New s . 44A inserted . The Principal Act is amended by inserting after section forty-four the following section:- " [ 44A.] Inspection of motor vehicles where required by the police. (1) Where in pursuance of the regulations under " The Traffic Acts, 1949 to 1965," a Superintendent of Traffic or a member of the Police Force shall have required a motor vehicle to be inspected, examined or tested by the Chief Inspector or an inspector for the purpose of ascertaining whether or not such motor vehicle complies with the conditions applicable thereto prescribed by or under such regulations, then sections twenty-four and twenty-five of this Act shall, by virtue of such requirement and notwithstanding any provision of any other section of this Act, apply subject to all necessary adaptations with respect to that motor vehicle. (2) This section applies to any and every motor vehicle whether or not specified for the time being in the First Schedule to this Act."

Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 149 12. Amendments of s. 44A. Section 44A of the Principal Act is renumbered section 44B and as so renumbered is amended by omitting- (a) the words " The Chief Inspector ", wherever appearing, and inserting in their stead wheresoever omitted, the words "Any inspector "; (b) the words " the Chief Inspector " where appearing in the second paragraph of subsection (1), and inserting in their stead the words " the inspector"; and (c) omitting the words " an inspector ", where appearing in the last paragraph of subsection (1), and inserting in their stead the words " such inspector ". 13. Repeal of and new s. 67. The Principal Act is amended by repealing section sixty-seven and inserting in its stead the following section:- " [67.] Recovery of fees. Proceedings in a Magistrates Court, whether in a summary way under " The Justices Acts, 1886 to 1965," or by way of an action as for a debt as prescribed by this Act, to recover the amount of any fees payable under this Act and not paid may be taken, heard and determined- (a) within any Division of the Brisbane District appointed under " The Decentralisation of Magistrates Courts Act of 1965 "; or (h) within the Magistrates Court District within or within twenty miles of the boundaries whereof the inspection or other service in respect whereof the amount in question is payable and unpaid was made or done." 14. Amendments of s. 68 . Section sixty-eight of the Principal Act is amended by- (a) omitting the word "and" where it appears at the end of paragraph (h); and (b) adding the following paragraph:- " and (j) A declaration by any person that he has delivered, posted or affixed a notice, order or other document referred to in subsection (2) of section seventy of this Act in a manner provided by that subsection shall, upon its production in evidence, be evidence that such notice, order or other document has been so delivered, posted or affixed, as the case may be, and in the absence of evidence in rebuttal thereof shall be conclusive such evidence." PART III - AMENDMENTS OF "THE INSPECTION OF SCAFFOLDING ACTS, 1915 To 1963." 15. (1) Interpretation of Part III . This Part III of this Act shall be read as one with "The Inspection of Scaffolding Acts, 1915 to 1963." (2) Collective title. " The Inspection of Scaffolding Acts, 1915 to 1963 ," and this Part III of this Act may be collectively cited as " The Inspection of Scaffolding Acts, 1915 to 1966."

150 Inspection of Machinery Acts, Etc., Amendment Act of 1966, No. 20 16. Repeal of and new s. 25C of 6 Geo. V No. 25. " The Inspection of Scaffolding Acts, 1915 to 1963," are amended by repealing section 25c and inserting in its stead the following section:- [25C.] Recovery of fees. Proceedings in a Magistrates Court, whether in a summary way under " The Justices Acts, 1886 to 1965," or by way of an action as for a debt as prescribed by this Act, to recover the amount of any fees payable under this Act and not paid may be taken, heard and determined- (a) within any Division of the Brisbane District appointed under "The Decentralisation of Magistrates Courts Act of 1965 "; or (b) within the Magistrates Court District within or within twenty miles of the boundaries whereof the inspection or other service in respect whereof the amount in question is payable and unpaid was made be done."