Inspection of Machinery and other Acts Amendment Act of 1930 (21 Geo v No. 6) (Qld)

21 GEO. V. No. 6,1930. LABOUR. Inspection of Machinery, Etc., Amendment Act. 12977 PARTV.- ;ylrscEL- I.AKEOD8. with any additions or amendments thereto or modifica- tions thereof, for such time as shall be expressed in the said Order in Council. And the provisions of this Act, together with any such additions or amendments or modifications thereof as aforesaid, shall have full force and .effect and the force of law, and shall be obeyed by all persons concerned: Provided always that any such Order in Council shall not prescribe therein any amendment of this Act whereby the rate of Income (Unemployment Relief) Tax under this Act would thereby be increased. 37. In the month of August or as soon after as may Annual b be convenI.ent ' In each year, t he M m ' I . St er sha 11 cause a rlaeipdorbteftoore e report to be laid before Parliament giving full informrL- Parliament. tion as to all operations and proceedings under this Act, including the tax collected thereunder during the last preceding financial year. 38. This Act shall be read and construed subject to qonstruc. the "Commonwealth of Australia Constitution Act," tron. and so as not to exceed the legislative power of the State, to the intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not ih excess 01 that power. An Act to Amend "The Inspection of Machinery 21 Oeo. v. Acts, 1915 to 1925," and other Acts in :r;,:E 6. certain particulars. INSP~ ~ , TION MACHINERY [ASSENTED TO 25TH SEPTEMBER, 1930.] AND OTHER B· ACTS E it enacted by the King's Most Excellent Maiesty, AMENDMENT - bY and WI' th the adV'Ice and consent. 0 f the L' egI . s- ACT OF 1930. lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act mB"y be cited as "The Inspection of Short title )Jfachinery and other Acts Amendment Act 011930," . and aeonnd st ru et' IOn shall, so far as the amendments to *" The I nspectwn of of Act. Machinery Acts, 1915 to 1925," are concerned, be read * 6 Oeo. V. No. 24 and 16 Oeo. V. No. 3. 8upra, pages 6859 and 11307.

12978 I-1ABOUR. Inspection of Jiuchiner,ll, Etc., Amendment .clct. 21 GEO. V. No. 6, and construed as one with *" The Inspection of Machinery Acts, 1915 to 1925." *" The Inspection of Machinery Acts, 1915 to 1925," as amended by this Act, may collectively be cited as " The Inspection of ~ Machinery Acts, 1915 to 1930." Date of (2.) This Act shall come into operation on the first day coopmeriantgioinn.to of .January, one thousand nine hundred and thirty-one. (A) AMENDMENTS TO *" THE INSPECTION OF MACHINERY ACTS, 1915 TO 1925." Amendment 2. Section four of *" The Inspection of Machinery of 8. 4. Acts, 1915 to 1925," is amended as follows : - (a) In the definition of "Minister" the words" The Secretary for Public Works" are repealed and the words "The Secretary for Labour and Industry" are inserted in lieu thereof :- (b) The definition of " Motor car" is repealed and a· new definition is inserted in lieu thereof, namely:- Motor vehicle. " "Motor vehicle"--Any self-propelled vehicle adapted to run and be steered on roads, and to carry either goods or persons" ; (c) A new definition is inserted before the definition of "Occupier" namely:- Motor mechani('. " " Motor mechanic"--A person who has such a knowledge of motor vehicles as will enable him satisfactorily and efficiently to effect repairs to and the adjustment of motor vehicles." A of m B f . l 5 n . dment Inspe 3 c . tio I n n o p f a M ra a g c r h a i p n h ery (iv A . c ) ts o , f19s1e5ct t i o on19f2iv5e, " othf e * w " o T r h d e s "motor car" are repealed and the words "motor vehicle" are inserted in lieu thereof; also paragraph (vi.) of section five of *" The Inspection of . L~ Iachinery Acts, 1915 to 1925," is repealed. \Vher.. machinery to be inspc·cted. 4. Section twenty-two of *" The Inspection' of ~ Machinery Acts, 1915 to 1925," is repealed and a new section is inserted in lieu thereof, namely :- "[22.J (1.) All boilers shall be inspected at such intervals as are prescribed, or as directed by the chief inspector. (2.) All steam gauges shall be inspected, tested, and corrected as directed by the chief inspector. * 6 Geo. V. No. 24 and 16 Geo. V. No. 3, supra, pages 6859 and 11307.

LABOUR. 12979 1930. Inspection of 1'I1achinet'Y, Etc., Amendment Act, (3.) All other machinery shall be inspected at such intervals as are prescribed, or as directed by the chief inspector." # 5. Section twenty-eight of *" The inspection of Amendment Machinery Acts, 1915 to 1925," is amended as follows:-o fs. 28. - (a) In subsection one, after the word "certificate" the words "and metal plate" are inserted. (b) In subsection two, after the word "boiler" where it twice occurs the words "or other machinery" are respectively inserted. 6. Section thirty of *" The Inspection of JJlachinery Amendment. Acts, 1915 to 1925," is amended as follows :_ of s. 30. After the words "owner of any" the words "boiler or" are inserted; also the words "not exceeding one year" are repealed. In the side-note after the word" boiler" the words " or machinery" are inserted. 7. The following amendments are made in sub- Amendment section one of section forty-four of *" The Inspection or f s. 44. Machinery Acts, 1915 to 1925," namely:- (a) The words "engine driver's" are omitted respectively from provisi~ns (being descriptions of certificates of competency) numbered 9, 10, 11, and 12. (b) The following new provisions are added to such provisions, namely :- " (13) "A" grade motor mechanic's certificate. (14) "B" grade motor mechanic's certificate." . 8. The following amendments are made in sectionAmendmen~ forty-five of *" The Inspection of Machinery Acts, 1915 to of s. 45. 1925," namely:- (a) Subsection four is amended as follows:- Before the word "boiler" where it twice occurs. the word" steam" is respectively inserted; also before the word "boilers" where it twice occurs the word "steam" is respectively inserted. (b) Subsection five is repealed and subsections six and seven are renumbered subsections five and six accordingly. * 6 Geo. V. No. 24 and 16 Geo. V. No. 3, supra, pages 6859 and 11307.

12980 LABOUR. Inspection of Machinery, Etc., Amendment Act. 21 Goo. V. No. 6, (c) In subsection six (now numbered five) the full stop (.) is deleted after the word" required," and the following words are added after the word" required," namely :-" provided the capacity of such refrigerating machinery exceeds five tons." (d) The following words are added to subsection seven (now subsection six), namely :-" and with the exception of internal combustion engines the area of cylinder or combined area of cylinders of which does not exceed sixty circular inches." The full stop after the word" Railways" is deleted. Amendmont 9. A new subsection is added to section fifty-two of s. 52. of *" The Inspection of Machinery Acts, 1915 to 1925," namely:- " (4.) Any prosecution in respect of penalties or fees may be instituted within twelve months after the knowledge of the commission of such offence first came to the chief inspector." 10. T.he following additional section is inserted after section fifty-two of *" The Inspection of Machinery Acts, 1915 to 1925," as follows : - Section 52A. " [52A.] Without in any way limiting the operation Arelmteerdnaytifvoer and effect of the provisions of the last preceding section, recovery proceedings for the recovery of any fees under this Act of fees. may also be instituted by the chief inspector in his official name, and may be heard and determined in any court of competent jurisdiction." Amendment 11. The following additional provisions are added to of s. 56. section fifty-six of *" The Inspection of Machinery Acts, 1915 to 1925," namely:- "( ~ iii. ) For the purposes of the recovery of any fees under this Act, proceedings may be had and taken either before the court of petty sessions or other court of competent juris- diction in Brisbane, or before the court of petty sessions or other court of competent jurisdiction in the district where the inspection or other service under this Act took place, and in respect of which the fees under this Act are due and owing. * 6 Geo. V. No. 24 and 16 Geo. V. No. 3, supra, pages 6859 and 11307.

LABOUH. 12981 1930. Inspection of j}lachinery, Etc., Amendment Act. ------------------------_._- "(ix.) The certificate of the chief inspector that an amount named in such certificate is due and owing by any person in respect of fees under this Act, shall be prima facie evidence that such amount is due and owing by such person, and also, in the case of fees for any inspection made or service rendered, such certificate shall be prima facie evidence that such inspection had been made or that such service had been rendered, as the case may be; and judicial notice shall be taken of the signature of the chief inspector." 12. The following amendment is made to Schedule Schedule 1. 1. of *" The In8pection of ~ }JI[achinery Act8, 1915 to 1925," as follows :-- In the paragraph beginning with the words" But not including" after the words "used in agricultural," the word " mining" is in~ erted. l3. The following amendments are made to Amendments Schedule H. of *" The In8pection of .1vlachinery Act8, 1915 ~ ~heduJe H. to 1925," as follows : - (a) (i.) After subclause three of rule two of the said Schedule H. the following new subclause is inserted, namely:- "(3A.) On payment of the prescribed fee and on proof that the applicant is of good repute and is resident in Queensland, the Board may without examination grant to the applicrtnt an internal combustion certificate of service of the appropriate class, provided that the applicant is the holder of an engineer's certificate issued by a recognised authority, and furnishes satisfactory evidence that he has been in charge of and has driven an internal combustion engine for a period of at least one year." (a) (ii.) After subclause four of rule two of the said Schedule H. the following new subclause is inserted, namely:- " (4A.) On payment of the prescribed fee and on proof that the applicant is of gocrd repute and is resident in Queensland, the Board may without examination grant to the applicant a refrigeration certificate of service of the appropriate class, provided that the .'1pplicant is the holder of an engineer's certificate issued by a recognised authority, and furnishes satisfactory evidence that he has been in charge of refrigerating machinery for a period of at least one year." * 6 Gco. V. No. 24 and 16 Geo. V. No. 3, supra, pages 6859 and 11307. L

12982 LABOUR. Inspection of ll1achinery, Etc., Amendment Act. 21 GEO. V. No. 6, Rule 2A. Motor mechanic's certificate. (b) The following new rule is inserted after rule hvo, namely:- "[2A.] (1.) On payment of the prescribed fee, and on proof that the applicant is of good repute and is resident in Queensland, the Board may without examination grant to the applicant a motor mechanic's certificate of the appropriate grade, provided the applicant furnishes evidence satisfactory to the Board that he has had at least four years' experience as a motor mechanic, and further provided that such evidence shall be supported by sworn declaration in which shall be stated the details and particulars of the work performed by the applicant and the types and classes of motor vehicles upon which the experience of the applicant has been gained. A medical certificate is not required to support such application. (2.) On payment of the prescribed fee, and on proof that the applicant is of good repute and is resident in Queensland, the Board may without examination grant to the applicant a motor mechanic's certificate of the' appropriate grade, provided that such applicant is the holder of an engineer's certificate or a certificate issued by some recognised authority, and in addition provided that such applicant furnishes evidence satisfactory to the Board that he has had twelve months' experlence as a motor mechanic in a workshop where motor vehicles are made or repaired, and further that such evidence shall be supported by sworn declaration as to the holding of the certificate and of such experience accordingly. A medical certificate is not required to support such application." Rule 6. Rulc 7. (c) In the first paragraph of subclause three of rule Hix, the words "No engineer's or first-class or second- class engineer's" are repealed and the words "No engineer's or first-class engine driver's or second-class engineer's or motor mechanic's" are inserted in lieu thereof. (d) In rule seven, after the words "experience in working boilers or engines" occurring at the end of the provision beginning with the words " A candidate for a second-class engineer's certificate" the words following are added, namely:- "or be the holder of a degree in mechanical engineering from a recognised University or Technical College, and in addition produce evidence satisfactory to the Board of having had at least sixteen months' additional engineering workshop practice where steam engines are manufactured or where work of a similar character is performed." (e) After rule fifteen of the said Schedule the following new rules are inserted, namely ;- Rule 15.'.. "[15A.] (1.) A candidate for examination for an "A" grade Examination motor mechanic's certificate shall be ~ equired to hold a " B " grade for motor motor mechanic's certificate for a perIOd of at least twelve months, mechanics. and prove by evidence satisfactory to the Board that during that time he has been employed in a reputable motor garage or workshop where motor vehicles are made or repaired.

LABOUR. 1;2983 1930. Inspect'ion of Machinery, Etc., Amendment Act. A medical certificate need not be produced. (2.) A candidate for examination for a "B" grade motor mechanic's certificate shall be required to produce evidence satisfactory to the Board of having served an apprenticeship to motor engineering for a period of at least four years or to produce evidence satisfactory to the Board of having worked for a period of at least four years as a mechanic in a reputable motor garage or engineering worksh:op. A medical certificate need not be produced." 14. The following consequential amendments are Consequen- made in the said Schedule H., namely ;- ! : ' ~ ndments (a) In subclause three of rule two the words" engine ~ ~ hedule 1I. driver's" occurring after the word" combustion" where it firstly occurs are repealed; also in subclause four of the said rule two the words" engine driver's" occurring in the , rule and the side-note are repealed. (b) In rule eight, the words" an engine" are repealed and the words "a steam engine" are inserted in lieu thereof. (c) In rule nine, the words " an engine" is repealed, and the words "a steam engine" is inserted in lieu thereof. (d) In rule eleven, the words "boilers and engines" are repealed and the words "steam boilers and steam engines" are inserted in lieu thereof. (e) In rule fourteen the words" engine driver's," where they thrice occur, are repealed; also the words "engine driver's" in the side-note are repealed. (j) In rule fifteen the words" engine driver's," where they occur five times, are repealed; also the words "engine driver's" in the side-note are repealed. (g) (i.) In subclause one of rule sixteen, before the word "machinery" where it first occurs, the word " steam " is inserted; also before the words "winding engines" the word" steam" is inserted; also before the words "winding machinery" the word "steam" is inserted. (ii.) In subclause two of rule sixteen, before the word "engine" the word "steam" is inserted; also before the word" engines" the word" steam" is inserted; also before the word "machinery" where it first occurs. the word "steam" is inserted; also before the words " winding engines" the word " steam" is inserted; also before the words" winding machinery" the word" steam" is inserted; also before the word "machinery" second

]2984 LABOUR. Inspcction of Mach1:nery, Etc., Amendment Act. 21 GEO. V. No. 6, lastly occurring the word "steam" is inserted; also before the word "machinery" lastly occurring the word "steam" is inserted. (iii.) In subclause three of rule sixteen, before the word "engine" firstly occurring, the word " steam" is inserted; also before the word" engines," firstly occur- ring, the word "steam" is inserted; also before the word" machinery" firstly occurring the word " steam" is inserted; also before the words "winding engines" the word "steam" is inserted; also before the words "winding machinery" the word "steam" is inserted; also before the word "boilers" the word" steam" is inserted; also before the word " engine," secondly occurring, the word "steam" is inserted; also before the word" engines," secondly occurring, the word" steam" is inserted. (iv.)In subclause four of rule sixteen, before the word" locomotive" the word " steam" is inserted; also before the word" traction" the word" steam" is inserted; also after the word ," stationary" the words "engine or engines" are repealed and the words "steam engine or steam engines" are inserted in lieu thereof. (v.) In subclause five of rule sixteen, before the word "engine" the word "steam" is inserted; also before the word" engines" the word" steam" is inserted; also before the words "winding engines" the word " steam" is inserted; also before the words "winding machinery" the word" steam" is inserted. , (vi.) In subclause ten of rule sixteen, the words " engine driver's," where they twice occur, are repealed. (vii.) In subclause eleven of rule sixteen, the words "engine driver's," where they twice occur, are repealed. (B) AMENDMENTS TO OTHER ACTS. (i.) Amendments to *" The Inspection of Scalfolding Act of 1915." Amendments 15. In the definition of "Minister" in section three o~ 6 ;;!eo. v. of *" The Inspection of Scaffold1:ng Act of 1915," the .:s o. _0. s. 3. . words " S ecretary f or P ubl l ' C "" n {XT orks" are repea I ed and the words "Secretary for Labour' and Industry" are inserted in lieu thereof. * 6 Geo. V. No. 25, supra, page 6888.

LABOUR. 12985 1930. Inspection of Machinery, Etc., Amendment Act. 16. A new subsection four IS added to sectiOnAmendmen1; twenty-five of *" The Inspection of Scaffolding Act of of s. 25. 1915," namely:- "(4.) Any prosecution in respect of penalties or fees may' be instituted within twelve months after the knowledge of the commission of such offence first came' to the chief inspector." 17. The following additional section is inserted after section twenty-five of *" The Inspection of Scaffolding Act of 1915," namely,:- " [25A.] Without in any way limiting the operation Section 25A. and effect of the provisions of the last preceding section, Alternative proceedings for the recovery of any fees under this Act ~ : : : ~ vfOl' may also be instituted by the chief inspector in his of fees.' official name, and may be heard and determined in any court of competent jurisdiction." 18. The following additional provisions are added Amendment to section twenty-six of *" The Inspection of Scaffolding of s. 26. Act of 1915," namely:--- " (vi.) For the purposes of the recovery of any fees under this Act, proceedings may be had and taken either before the court of petty sessions or other court of competent jurisdiction in Brisbane, or before the court of petty sessions or other court of competent jurisdiction in the district where the inspec- tion or other service under this Act took place, and in respect of which the fee under this Act is due and owing. (vii.) The certificate of the chief inspector that an amount named in such certificate is due and owing by any person in respect of fees under this Act shall be prima facie evidence that such amount is due and owing by such person; and also, in the case of fees for any inspection made or service rendered, such certificate shall be prima facie evidence that such inspection had been made or that such service had been rendered, as the case may be; and judicial notice shall be taken of the signature of the chief inspector." * 6 Geo. V. No. 25, supra, page 6888.

12986 LABOUR. Inspection of Machinery, Etc., Amendment Act. 21 GEO. V. No. 6, 1930. Constructioy! 19. The provisions of this Act amending *" The ~ ~endments Inspection of Scaffolding ,Act of 1915" shall be read and 'construed as one with such lastmentioned Act and *" The Inspection of Scaffolding Act of 1915," and the amendments therein made by this Act may collectively be cited as " The Inspection of Scaffolding Acts, 1915 to 1930." (ii.) Amendments of t" The Weights and ~leasures Act of 1924." Amendments 20. In the definition of "Minister" in section foul' ~ 0~ ~ , ~ ~ 04. V. of t" The Weights and Measures Act of 1924," the words "Secretary for Public Works" are repealed and the words " Secretary for Labour and Industry" are inserted in lieu thereof. Amendment 21. Subsection two of section thirty-seven of t" The OfR.37. Weights and ~ Measures Act of 1924" is repealed and a new subsection two is inserted in lieu thereof : - " (2.) Any prosecution in respect of penalties or in respect of fees, charges, or expenses may be instituted within twelve months after knowledge of the commission of such offence first came to the chief inspector." Amendment 22. Section thirty-eight of t" The Weights and of s, 38. Measures Act of 1924 " is amended as follows : - (a) In subsection one, after the words "against this Act" the words" or for the recovery of fees, charges, or expenses under this Act" are inserted. (b) In subsection two after the words " against this Act" the words" or for the recovery of fees, charges, or expenses under this Act" are inserted. (c) In subsection three, before the words "All proceedings" the words "Without in any way limiting the operation and effect of the provisions of subsections one and two of this section" are inserted. Certificate of inspector. (d) The following provision is added to subsection four, namely:- " Moreover the certificate of the inspector that an amount named in such certificate is due and owing by any person in respect of fees, charges, or expenses under this Act shall be prima facie evidence that such amount * 6 Geo. v. No. 25, supra, page 6888. t 15 Geo. V. No. 2, supra, page 11116.

LABOUR. 12987 21 GEO. V. No. 16, 1930. Workers' Homes Act Amendment Act. is due and owing by such person; and also, in the case of fees charged as expenses for any inspection made or service rendered, such certificate shall be prima facie evidence that such inspection had been made or that such service had been rendered, as the case may be; and judicial notice shall be taken of the signature of the inspector." (e) The following new subsection is inserted after subsection eight, namely:- " [8A. J For the purposes of the recovery of any fees, Place of charges, and expenses under this Act, proceedings may hearing. be had and taken either before the court of petty sessions or other court of competent jurisdiction in Brisbane, or before the court of petty sessions or other court of competent jurisdiction in the district where the inspection or other service under this Act took place, and in respect of which the fees, charges, or expenses are due and owing." 23. The prOVISIOns of this Act amending *" The Construction Weights and Measu,res Act of 1924" shall be read and~ e~~ ~ nd­ construed as one with such last-mentioned Act and *" The Weights and .LlIeasures Act of 1924," and the amendments therein made by this Act may collectively be cited as "The Weights and -LWeas'ures Acts, 1924 to 1930." An Act to Amend "The Workers' Homes Acts, 1919 21NUo.eo1. 6. V. to 1925," in certain particulars. THE WORKERS' [ ASSENTED TO 23RD OCTOBER, 1930.J AHOThIEfl ACTS B' ThIEND]I{ENT E it enacted by the King's Most Excellent :Majesty, ACT OF 1930. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and b~ 7 t118 authority of the same, as follows:- 1. This Act may be cited as "The Workers' Homes Short title c A o c n ts str A u m ed en a d s rn o e n n e t w A i c th t o t . " f 1 T 9 h 3 e 0 W ," o a rk n e d rs' sh H a o ll me b s e A r c e t a s d , 1a9n1d9 ma co ne m dn m t. f'nce- tn 1925," herein referred to as the Principal Act.. The Principal Act and this Act may collectively be cited as " The Workers' Homes Acts, 1919 tn 1930." * 15 Ceo. V. No. 2, 8uprn, page 11116. t 10 Coo. V. No. 7; 13 Goo. V. Xo. 21; And 16 Geo. V. No. 10, Bupm, pages 104]5 and 11316.