Inspection of Machinery and Scaffolding Act Amendment Act of 1912 (3 Geo v No. 20) (Qld)

LABOUR. Sell. Ill. 3 GEO. V. No. 20, 1912. Inspection of Machiner!!, tJ'c., Amelltime'llt Act. ( l) As may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and function" of the Oourt, or for giving effect to the convictions, decision!', and other acts given, made, or done by the Court or the Registrar or ott;l'lrofficer of the Court. - , , (2.) If at the time there is only one 'Judge, the power of making luch rules I! lll~ ll be exerciseable by such Judge; if there are two J udges~ ' ' the said power shail be exerciseable by the two Judges together; and if there are more than two Judge)!, 'the said power shall be; exerciseable by all the Judges or a majority of th'em: Prc;>vided tbat in this ,Aubsection the term" Judge" shall be read as npt including ar,t aating .1 udge. (3.) Subject to such rules and this Act, the practice and procedure of the Court shall be al! di~ ected by the Judge ma~ing the particular direction. (4.) All such rules shall be published in the Gazette " and there- upon shall be of the same effect as if they' were contained in this Act, anra. be judicially noticed without further evidence th~ n the production of a copy of the G a z e t t e . , " ' Such rules shall be laid before both Houses uf Parliament within fourteen days after such pUblication if Parliament is in session, and, if not, then within fourteen days after the commencement of the next I!ession. 5517 An Act to Amend "The Inspection of Machinery 3 Geo. V. and Scaffolding Act of 1908." No. 20. THE B, 1912] [ ASSENTED TO 7 , TH DECEMBE • R , • INMSAPECCHTINIOENRYOF E it enacted by the King's Most Excellent Majesty, SCAF~ ~ ~ DING , by and with the advice and consent of the Legis- A A,OT lative Council and Legislative Assembly of Queensland in A~ Eg~ ~ ~; 2~ Parliament assembled, and by the authority of the same, as follows : - 1. This Act shall be read as one with " The Inspe{J- Short title and tion of Machinery and Scaffolding Act qf 1908,"* herein construction referred to as the Principal Act, and may he cited together of Act. with that Act as "The Inspection of MaChinery and Scaffolding Acts, 1908-1912/' or separately as "The Inspection of Jlachinery and Scaffolding Act Arnend.meitt Act of 1912." 2. In, the definition of " .Boilert in section four of the Amendment Principal Act, the words "greater than atmospheric of s. 4. pressure" are repealed. ' '. 3. In the first paragraph of subsection one of section A.mendment thirty-seven of the Principal Act, the words" a hoiler" are of 8.37. repealed, and the words "any machinery" are inserted, in lieTithereof ' ., Subsection two of the said section is repealed. " 11 8 Ed"". VII. No. 9, printed as Appendix, infra.

.5518 LABOUR. Inspection olMachinery, ~ c. , Amendment Act. 3 GEO. V. No. 20. Amendment 4~ At the end of the first paragraph of section 4)£ i. 21. twenty-one of the Principal l\ct, the following words are inserted ;- "Provided, that in cases where urgent action is necessary an inspector may take ~ uch action as to him seems proper without an order from the Minister." Amendment 5. In subsection one of section twenty-six, rhe proviso ~ f s. 26. is repealed. Amendment 6. In section thirty-two of the Principal Act, after ~ f 8.32. subsection two, the following new subsection is inserted ; - The person who is the attendant of or who is in chargo d any boiler which is being inspected shall remain with the inspector during such inspection. A.mendment 7. Subsection two of section thirty-six of the ~ f s. 36. Principal Act is repealed. Amendment 8. In subsection (L) of section thirty-eight of the of s. 38. rrincipal Act, the words "granted as" are repealed, and the words "granted and" are inserted in lieu thereof. In paragraph (b) of the proviso to the said section, the words "und 1y"ho before the expiration of the period for which it was granted gives twenty-one days' written notice of his intention to continue to use the machinery after the expiration of such period, may" are repealed, and the words "may, after the expiration of the period for which it was granted," are inserted in lieu thereof. AmendmenL 9. In suhsection (i.) of section forty of the Principal (If s. 40. Act, the words "two keys whereof shall be provided- one to be kept by the owner, and the other to be kept by the inspector" are repealed, and the words" a key whereof shall he provided to be kept by the inspector" are inserted in lieu thereof. Amendment 10. In suhsection one of section fifty-three of the ,of s. 53. Principal Act,the words "Extra first-class engine-driver's" . are repealed, and the word "Engineer's" is inserted in lieu thereof. ffhe holder of any extra first-class engine-driver's certificate heretofore granted and subsisting at the passing of this Act shall Le deemed to be the holder of an engineer's certificate granted under the Principal Act as amended by this Act.

LABOUR. 55i9 1912. Inspection of Machinery, ~ c. , Amendment Act. 11. (1.) From and after the passing of this Act, no Abolition of winding engine-driver's certificate shall be granted. : ~ ; : ~ . g 'rhe holder of any winding engine-driver's certificate driv~rs' h eret 0 fore grant ed an' d subs"lstmg at the passI.ng 0 f th I ' S cerhnca . te3. Act shall be deemed to be the holder of a first-class engine-driver's certificate granted under the Principal Act as amended by this Act. Every holder of an extra first-class engine-driver's certificate or winding engine-driver's certificate heret/lfore granted and subsisting at the passing of this Act shall by virtue of such certificate be deemed to be also the holder ofa winding license granted under any Act relating to the regulation of mines, and to that extent shall be subject to the provisions of such Aet. (2.) The following amendments are made in' the Con~ equential Principal Act:- amendments. (a) In section fifty-three, the words "2. 'Winding engine-driver's certificate" are repealed; Cb) In subsection (L) of section three of the Third Schedule, the "word " winding" is repealed, and the word ~, first-class" is inserted in lieu thereof. In subsection (iii.) of section six of the said Schedule, the words" or winding engine-driver's" are repealed. In section seven of the said Schedule, the words" be the holder of a winding engine-driver's certificate. He shall also" are repealed. tieetion eight of the said Schedule is repealed. 12. Section fifty-four of the Principal Act is repealed, and the following section is inserted in lieu thereof:- [54.J (1.) An engineer's certificate shall state that the Stat.lis of holder hag worked as an apprentice or learner for five certlficate. years in any engineering works. No such certificate shall be granted to any person who has not worked as an apprentice or learner for at least five years in a workshop or workshops where engines are manufactured or repaired or where work of a similar character is performed. " The holder of such certificate shall be designated thert~ in as an "Engineer." (2.) An engineer's certificate shaH entitle the holde~ thereof to drive ani have charge of any machinery to which this Act applies (other than winding engines or winding machinery by meanf.; whereof persons or material are drawn

5520 LABOUR. Inspection of Machinery, flc., Amendment Act. 3 GEO. V. No. 20, up, down, or along any shaft, pit, or inclined plane or level in any mine), provided that such machinery is so situated that t.he Chief Inspector or his representative is satisfied the engineer can from such situation efficiently discharge . his duties without danger to any person or risk to such machinery or the attendant plant. (3.) A first-class engine-driver's certificate shall entitle the holder thereof to, drive and have charge of any engine or engines and machinery to which this Act applies (other than winding engines or winding machinery as hereinbefore defined), provided that such machinery is . so situated that the Chief Inspector or his representative is satisfied the engine-driver can from such situation efficiently discharge his duties without· danger to any person or risk to such machinery or the attendant plant. (4.) A second-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine or engines to which this Act applies, and its or their attendant machinery (other than winding engines or winding machinery as hereinbefore defined), the area of cylinder or combined area of cylinders of which does not e~ ceed five hp.ndred circular inches and of its or their boilers, or of (any engine or engines the area of cylinder or combined area of cylinders of which does not exceed seven hundred and fiftv circular inches but not also of its or their boilers. ~ (5.) A third-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine or engines to which this Act applies (other than winding engines or winding machinery as .hereinbefore defined), the area of cylinder or combined area of cylinders of which does not exceed one hundred and fifty circular inches, and of its or their boilers. (6.) A certificate of any class shall entitle the holder thereof to have charge of any boiler to which no machinery is attached and also to act as a boiler attendant. Amendment 13. In subsection one of section fifty-five of the·· of s. 55. Principal Act, the words" steam engine or i>team boiler to which this Act-applies" are repealed, and the words" engine or steam boiler to which this Act applies or be employed or act as boiler attendant of any such boiler" are inserted in lieu thereof. In subsection two of the said section; the words'! "steam engine or steam boiler to which this Act applies"

1912. LABOUR. Inspeotion of Maohiner./f, 9'0., Amendment Act. 5521 are repealed, and the words "engine or steam boiler to which this Act applies or acts as boiler attendant of any such boiler" are inserted in lieu thereof; also, the word "knowingly" is repealed. 14. In Schedule 11. of the Principal .Act, the words Amendment "seven indicated horse power" are repealed, and the of Sch. II. words "in the case of steam boilers five nominal horse power, and in the case of engines an area of cylinder or cornbined area of cylinders in measurement forty circular inches" are inserted in lieu thereof. In the last paragraph of the said Schedule, the words "or from a stationary electrical generating power" are repealed. 15. (1.) In section four of Schedule Ill. of the Amendment. Principal .Act, the words "of good repute", where they of Soh. Ill• .first occur, are repealed. After the said section four, the following provision is inserted :- [4A.] On payment of the prescribed fee, and on proof that the Marine applicant is of good repute and is resident in Queensland, and on produc- enf(inee1'8' tion of a certificate granted after examination by the Board of Trade of certificates. the United Kingdom of Great Britain and Ireland, or by any Board in Ris Majesty's Dominions having authority from the said Board of Trade to grant certificates, the Board shall grant, without examination, the following certificates:- To the holder of a first-class marine engineer's certificate-An engineer'S certificate; To the holder of a seconn-class marine engineer's certificate-A first-class engine-driver's certificate; To the holder of a third-class· marine. engineer's certificate-A second-class engine-driver's certificate. (2.) In subsection (iii.) of section six of the said Schedule, the words "extra first-class engine-driver's" are repealed, and the word "engineer's" is inserted in lieu thereof. . In subsection (iv.) of the said section, the words " grant or" are repealed. The following provision is added to the said section:- (v.) On payment of the prescribed fee, the board may, without Engineer'. examination, grant to any person who satisfies the board that he is certificate. resident in Queensland, and is a person of good repute, and is the holder of a certificate as an engine-driver granted without examination by any duly constituted and recognised authority oubide the State, a certificate of such class as the board thinks fit. J!'

5522 LABOUR. In.~pection of M/whiner.1J, grc., Amen/numf A,.t, 3 GEO. V. :\ 0.20, 1912. (3.) Section seven of the said Schedule is repealed, and the following section is inserted in lieu thereof:- 7. A candidate for an engineer's cel,tificate shall have- Ca) Worked as an apprentice or learner for at least five years in a workshop or workshops where engines are manufactured or repaired, or where work of a similar character is per- formt'd; and (b) Had at least twelve months' experience in charge of engines and builers. (4.) In section nine of the said Schedule, the words "or in the alternative shall furnish satisfactory evidence that he is an experienced engine-driver" are repealed, and the words- "provided that if the candidate has had experience with only one class of machinery the Board shall have power to grant to him a pro- visional certificate in the prescribed form applicable for such machinery until such time as the candidate obtains experience satisfactory to the Board for a second-class certificate" are inserted in lieu thereof. (5.) The following words are added to section ten of the said Schedule, namely: "and shall have been the holder of a third-class engine-driver's certificate for a period of at least twelve months." Third-cluss certificat"8. (6.) After section ten of the said Schedule, the follow- ing section is inserted :- (lOA.) A candidate for a third-clas!! engine-driver's cE'rtificate shall produce satisfactory evideuce that he has had at least six months' experi- ence with steam boilers and engines; provided that if the candidate has had experience with only one class of machinery the Board shall have power to grant to him a provisional certificate in the prescribed form applicable for such machinery until such time as the candidate obtains experience satisfactory to Ihe Board for a third-class certificate. (7.) In section eleven of the said Schedule, after the word" inspector," the words "empowered in that behalf by the Chief Inspector" are inserted.