Inspection of Machinery and Scaffolding Act of 1908 (8 Edw VII No. 9) (Qld)

9290 MACHINERY AND SCAFFOLDING. Inspection of Machinery and Scaffolding. 8 Enw. VII. No. 9, LAND SURVEYORS. See SURVEYORS. MACHINERY AND SCAFFOLDING. 8 Edw. VII. An Act to Make Better Provision for the Inspection ~ ? ~; . of Boilers and other Machinery and Scaffolding. INSPECTION OF MA~ ~ ~ ERY [ASSENTED TO 15TH APRIL, 1908.J S A C C A T F~ O ' O F LI 1 J 9 I 0 N 8 G . B E it. enacted by the KinO 1:) "s Mo - st Excellent MaJ'esty , by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1.- PRELIMINARY. Short title PART I.-PRELIMINARY. 1. This Act may be cited as "The Inspection of c a o n m d mence- Machinery and Sca : f U fo ' lding Act oif 1908," and shall mcnt of Act. commence and take effect on and from the first day of September, one thousand nine hundred and eight. Parts of Act. 2. This Act is divided into Parts as follows : - PART I.-PRELIMINARY; PART II.-ADMINISTRATION; PART IlL-PRECAUTIONS AGAINST ACCIDENTS; PART IV.-INSPECTION, ETC., OF MACHINERY; PART V.-DUTIES AND LIA1HLITIES OF OWNERS; PART VI.-INQUIRIES AS TO ACCIDENTS; PAR'!' VII.-EXAMINATION AND OERTH'ICATES OF ENGINE-DRIVERS, ETC.; PART VIII.-MISCE LLANEOUS PROVISIONS. Repeal. Savings. 3. The Acts mentioned in the Schedule to this Act are repealed to the extent therein indicated. All Regulations lawfully made under the said Acts relating to matters coming within the operation of this Act and in force at the commencement of this Act shall continue in force until amended or repealed under this Act. All officers appointed as Ohief Inspector and inspectors of boilers under the said Acts and holding office at the commencement of this Act shall be deemed to have been appointed under this Act. All boilers duly .registered under the said Acts and which continue so registered at the commencement of this Act shall be deemed to be and to have been registered under this Act. .

1908. MACHINERY AND' .SCAFFOLDING. I1I8pection of Machinery and Scaffolding. 9291 PART I. ~ PRELIMINARY. Except as by this Act is otherwise expre~ sly provided, nothing herein contained shall be deemed to prejudicially affect or detract fr.om any of the provisions of " The MiningAot of 1898,"* or any amendment thereof, or any of the powers, authorities, or duties conferred or imposed upon any person by ~ ny of such provisions. 4. In this Act, unless the context otherwise indi- Interpreta- cates, the following terms have the meanings set against tion. them respectively, that is to say : - "Boiler"-Any closed vessel in or upon any place Boiler. which is or is intended to be used under internal pressure from steam, air, or gas greater than atmospheric pressure. The term includes digesters, pipes under steam or gas pressure, and gas cylinders for aerated water factories; also air receivers, steam jacketed pans, montyjus digesters, and retorts other than retorts used for retorting mercury from gold or silver amalgam; also all settings, fittings, and mountings, feed pumps, injectors, and all other equipment necessary for the efficiency of the boiler; " Inspector"-TheChief Inspector and any inspector Inspector. appointed under this Act, and any person appointed for the time being to perform the whole or any part of the duties of an inspector; ." Machinery"-Any engine, boiler, motor, machine, Machinery. gearing, or appliance (or the parts of any of these) constructed of any material and worked or designed to be worked by any power, of such kinds as by this Act are declared to be or as may be hereafter declared to be subject to this Act; '-' Minister"-The Secretary for Public Works or Minister. other Minister of the Crown for the time being charged with the administration of this Act; " Motor car"- Any vehicle propelled by mechanical Motol' car. power if it is so constructed that no smoke is emitted therefrom except from any temporary or accidental cause, whether such vehicle is used aione or in order to draw or propel not more than one other vehicle; * 62 Vie, No. 24, supra, page 6609. F

9292 PART I.- PRELIMINARY. Occupier. Owner. Place. Prescribed. Regulations. Scaffolding. Serious bodily injury. This Act. MACHINERY AND SCAFFOLDING. Inspection of Machinery and Scaffoldin.q. 8 Enw. VII. No. 9, "Occupier"-The person, company, or association (corporate or unincorporate), or partnership in possession or occupation, or apparently in possession or occupation, of any place. The term includes an agent, manager, foreman, or otber person acting or apparently acting in the general management or control of any place; " Owner"-The owner of any macbinery or scaffolding and the mortgagee, lessee, hirer, and borrower thereof, and any engineer, over- seer, foreman, driver, attendant, agent, and person having the control, charge, or manage- ment thereof; "Place"-Any structure or area, enclosed or other- wise, and whetber above or below ground, wherein or whereon any machinery is erected, kept, used, worked, or in operation. The term includes a mine, also any road or street, also any house or building, and also any punt or raft '; . but does not include any other ship or boat; " Prescribed "-Prescribed by this Act ; " Regulations"-Regulations made under tbe autbority of this Act; "Scaffolding"-Any structure built up and fixed to a height exceeding eigbt feet from the horizontal base on which it is built up and fixed, for erecting, demolishing, altering, re- pairing, cleaning, or painting buildings or structures, and shall include any swinging stage intended to be used for any of the aforesaid purposes. The term does not include llline timbering or any structure erected for carrying out that work. The term " Gear' ~ usp-d in connection with scaffolding means and includes any ladder, plank, chain, rope, .fasten- ing, hoist, st,ny, block, pulley, hanger, sling, brace, or other movable contrivance of a like kind; "Serious bociily injury"-An injury which is likely to incapacitate the sufferer from work for at least fourteen days; "This Act"-This Act and any Orders in Council and Regulations made thereunder.

1908. MACHINERY AND SCAFFOLDING. Inspection of Machinery awl Scaffolding. 9293 PART I.- PRELIMINABY. 5. This Act shall not apply to any machinery- Limit of Act. (i.) Used on or employed in the working of any railway or tramway vested in or under the control of the Commissioner for Railways other than machinery used or employed in the constructional or repairing workshops of such Commissioner; (ii.) Used on or employed in the working of any other railway or tramway worked by electric power, other than machinery used or employed in any power stations and in any constructional or repairing workshops thereof; (iii.) Used on or employed in the working of any other railway or tramway worked by steam power, other than the locomotive engines and any machinery used or employed in any construc- tional or repairing workshops thereof; (iv.) Forming part of the propelling maehinery of any punt or raft; (v.) Of any other ship or boat; (vi.) Of any motor car not used at any time for carrying goods or passengers for reward; or unless used by merchants, brewers, or ware· housemen for the conveyance or tl'action of goods, wares, or merchandise ; (vii.) Used exclusively for domestic purposes in a private dwelling-house. 6. (1.) This Act shall extend and apply to the several Ma~ hinel' Y to kinds of , machinery mentioned in the Second Schedule a w p ln p c, 1 .h es A . ct hereto. Schedule H. (2.) The Governor in Council may, by Order in Council published in the Gazette, from time to time declare that this Act shall extend and apply to any other kinds of machinery mentioned in such Order; and from and after a date to be fixed by such Order the machinery therein men tioned shall be machinery within the meaning of this Act. (a.) He may in like manner from time to time declare that any kinds of machinery, whether mentioned in the said Second Schedule or in any Order under this section, shall cease to be machinery within the meaning of this Act., (4.) He may in like manner from time to time exempt any boiler or class of boilers from the operation of this Act. 7. This Act shall extend and apply to the whole of A.ct applies to the State. whole State.

9294 PART II.-" ADllINISTBA-:' TION. MACHINERY AND SCAFFOLDING. Inspection of Machinery and Scaffolding. 8 EDw. VII. No. 9, PART II.-ADMINISTRATION. Expenses to 8. All expenses of carrying this Act into execution ~ f : O~ e;: t shall be paid out of moneys to be from time to time appro- appropriated. priated by Parliament for the purpose. . Appointment 9. (1.) The Governor in Council may from time to of inspectors. time appoint a Chief Inspector, and so many inspectors and other officers as appear necessary for the purposes of this Act. Districts. (2.) The Governor in Council may, by Order in Council, from time to time, for the purposes of this Act, divide the State or any part· thereof into districts, with such boundaries as he thinks convenient, and assign to any such district a name by which it shall be known. The Governor in Council may at any time rescind or alter any Order in Council made under' the authority of this section. .The Governor in Council may assign a district or districts to an inspector, but such assignment shall not be consh-ued to limit the powers and authority' of such inspector in respect of the whole State except to the extent by which they are expressly so limited by such assignment, or be .construed in any way to limit the powers and authority of the Chief Inspector. Certificate. (3.) Every inspector shall be furnished with ,a certifi- cate of appointment, and upon applying for admission to any place shall, if required, produce such certificate to the occupier of the place. F.alse (4.) Any person who forges or, counterfeits any such certificate. certificate, or makes use of any forged, counterl'ei~ed, or . false certificate,or who falsely pretends to be an inspector, shall be liable to imprisonment, with or without. hard labour, for any period not exceeding six months._ Public 10. The Minister may from time to time, if he thinks : : ~ hi~ ~ ~ . ~ ~ £ fit, issue certificates of approval to qualified persons to act as public inspectors of machinery in such'localities as he thinks fit. Such certificates shall only be" issued upon the applicants furnishing to the MiIlister, byexaminatiQn or otherwise, such evidence of fitness and competency as may be prescribed. _.' - - - Such certificates shall authorise the persons to whom they are granted to act as inspectors of machinery under . ~ this Act, and- to, take for .tbeh: own, l,lse such fees thQrefor tf as may be prescribed.; . _,_:- J

1908. MACHINERY AND SCAFFOLDING. Inspectifm o/Machinery and Scaffolding. 9295 PART II.- ADMINISTRA- TION; All holders of such certificates shall have and be subject to all such powers, auth~ ) fities, duties, and obliga- tions under this Act as· may be prescribed. 11. Every inspector shall keep full minutes of all his Inspect?r to procee~ ings, and shall .from time to. time report .the sam~ to ! ! jr: ~ ~ . ~ teB' the ChIef Inspector, wIth such partIculars and mformatlOn to Chief 'as the Chief Inspector requires. Inspector. 12. (1.) Any inspector may at any time by day or byPo~ er and b nieg 1 l · hetveentte h reraenyisplaancye wmhaecr h · em ' tehreyr,e wishoerthheer htahse resaasmone t I . o S m ~ ut s l p e c S c to° £ rs. subject to this Act or not, and may then and there inspect and examine any machinery in order to ascertain whether this Act has been or is being complied with. (2.) In making such inspection the inspector may- Ci.) Call to his aid any member ofthe police force, or any porson he thinks competent to assist therein; (ii.) Examine the owner or any person there present as to the compliance with this Act in any particular; (iii.) Require the production of any certificate of registration 01' inspection, and of any book or writing which is prescribed to be kept or exhibited in any place, and inspect, examine, and copy the same. (3.) Any inspector may inspect any scaffolding and Scaffolding. gear used in connection therewith constructed or used or in course of construction, and for that purpose may during working hours enter any place. 13. Every occupier of any place and every owner of Occupiers machinery shall afford to the inspector all reasonable to tHow 1 facilities and all such information as may reasonably be r~ s;~ e~~ ~ l. required by him for the exercise of his powers under this Act. . 14. Every pprson who- CL) Wilfully impedes, obstructs, or deJays an Obstructing inspector in the exercise of any power under an inspector. this Act; or (ii.) Wilfully makes any false reply to any question put to him by the inspector having reference to this Act; or (iii.) Fails to comply with a requisition of the inspector ma/de under any such power; or

9296 PAllT II.- AD1UNISTRA· TION. MACHINERY AND SCAFFOLDING. Inspectz"on of J1I achinery and Scaffolding. 8 Enw. VII. No. 9, (iv.) Fails to furnish any facilities or any informa- tion in his possession or power, which may be reasonably required by- the inspector for the exercise of any such power; or (v.) li'ails, without reasonable excuse the proof. whereof shall lie upon him, to produce any certificate of registration or inspection, book, or writing which he is required by tbe inspector to produce; or (vi.) Conceals any person from the inspector, or prevents any person from appearing before or being examined by him, or attempts so to conceal or prevent any person; or (vii.) Uses any threat or abusive or insulting language to an inspector or to an employee with respect to any inspection or examination; shall be deemed to obstruct an impector in the execution of his duty under this Act, and shall be liable to a penalty not exceeding twenty pounds: Provided that no person shall be required, under this or the two last preceding sections, to answer any question or give any evidence tending to criminate himself. Owners of 15. Every person other than a maker of or dealer in tbooisleenrsd, & nco.t,ice mac } u ' nery wh 0 ' IS, at the commenc. ement of· th I ' S Act, the to inspectors. owner of machinery other than a boiler registered under the enactments hereby repealed shall, within sixty days thereafter, and every person other than aforesaid who, after the commencement of this Act, becomes the owner of machinery shall, within fourteen days after he becomes such owner, send to the Chief Inspector a written notice containing such particulars as may be prescribed. Every such owner who fails to give such notice shall be'liable to a penalty not exceeding ten pounds. PART 111.- PRECAUTIONS AGAINST ACCIDENTS. PART IIl.-PRECAUTIONS AGAINST ACCIDENTS. Restrictions 16. (1.) No male person under sixteen years of eomn ployment age and no female shall be permitted to have the care, of females custody,· management, or working of auy elevator or lift. and males under certain (2.) No person under fourteen years of age shall be ages. employed in working at or attending to any machinery or class of machinery operated by gas, .steam, water, or other mechanical power.

MACHINERY AND SCAl!'FOLDING. 9297 - - - - - - - - - - - - - - - - - - - - - - - - PART IlI.- 1908. Inspection of Machinery and Sctdfolding. PREOAUTIONS AGAINST ACCIDENT!!. (3.) No male person under eighteen years of age and no female shall be permitted- (a) To clean such part of any machinery as is mill gearing while the same is in motion for the purpose of propelling any part of any manu- facturing machinery; or (b) To work between the fixed and traversing part of any self-acting machine while the machine is in motion by the action of ga<;, steam, water, or other mechanical power; or (a) To .take charge of or have the control of any . steam engine. 17. No traversing carriage of any self-acting Traversing machinery erected after the commencement of this Act ca[ tag~ of shall be allowed to run out within a distance of eighteen : a~ ~ f: e~ ; . inches from any fixed structure not being part of the machinery if the space over which it so runs out is a space over which any person is likely to pass, whether in the course of his employment or otherwise. 18. ( 1. ) ~ (a) Every hoist and such doorways above the ground Certa~ n level as the inspector directs' , and m be a f c e h n m ce e d ry . to (b) Every fly wheel directly connected with the steam engine or the water wheel or other motive power, whether in the engine-house or not; and (c) Every moving part of a steam engine which is likely to endanger passers-by, and every water wheel and hydraulic or other lift near to which any person is likely to pass, whether in the course of his employment or otherwise; shall be securely fenced. Every wheel race not otherwise secured shall be fenced close to the edge of the wheel race. Such protection to each part shall not be removed while the parts required to be fenced are in motion by the action of the stp-am engine, water wheel, or other motive power. (2.) In case of a breach of any of the provisions of this section, the owner shall be liable to a penalty not exceeding twenty pounds, unless it appears to the justices before whom th~ complaint is heard that it was impossible to fence the machinery or parts thereof in question.

9298 MAOHINERY ANDSOAFFOLDING,:: PART III.:- PRECAUTIONS AGAINST ACCIDENTS. Inspection of Machinery and Scaffolding. .SEnw. VII. No. 9, (3.) This section. applies to allmachipery, whether subject to this Act or not. . Notice of machinery requiring fencing. 19. (1.) When a~ l inspector is of opinion that any machinery is not securely fenced or otherwise sufficiently guarded, and is likely to cause bodily injurJ to any person, he shall give written notice in tIle prescribed form to the owner to fence such machinery, and specifying the part which he considers dangerous. (2.) The ownel', within seven days after the receipt of such notice, may serve on the inspector a written requisi- tion to refer the matter to the decision of the nearest police magistrate, and thereupon the matter shall be referred to such police magistrate, who shall hear and determine the dispute in~ manner prescribed, and his decision shall be final. (3.) If the owner fails to comply within a reasonable time with any such notice or with the decision of the police magistrate, or fails to keep the said machinery securely fenced in accordance therewith, or fails to con- stantly maintain such fencing in an effici~ nt state while the ~ achinery required to be fenced is Tn motion, the machinery shall be deemed not to be kept in conformity with this Act. Faulty or defective machinery. 20. (I.) Where any machinery, or any part thereof~ is or appears to an inspector to be faulty or defective in any particular, or so dangerous as to bp, .likely to cause bodily injury to any person, he may give to the owner of such machinery a notice in writing to that effect, and such notice may either require the owner- (a) To wholly desist from working or using such machinery forthwith or after a date to be stated in such notice, until certain repairs or altera- tions to be stated in the notice have been effected; or (b) To have the arrangement of such machinery so altered, or the faulty or defective part thereof replaced or repaired within a certain time to be stated in such notice, so as not to contravene this Act. (2.) Every person to or upon whom such notice has been served or delivered who fails to comply with the terms thereof shall be liable to a penalty not exceeding one hundred pounds.

l\fACHINERY AND SCAFFOLDING. 929~ 1908. Inspection of Machinery and SaaJfolding. PART III. ~ PRECAU'fIONS AGAINST ACCIDENTS. 21. On complaint by an inspector,and on being Dangerous satisfied that any machinery is in such a condition that machinery. it cannot be used without danger of bodily injury, the Minister may by order in writing prohibit such machinery from being used, or, if it is capable of repair or alteration, from being used until it has been repaired or altered to the Minister's satisfaction on the report of the inspector. Every owner who disobeys such order shall be liable to a penalty not. exceeding ten pounds for every day on which the machine is used in contravention of the order. 22. (1.) In every place the opening of e'very hoist way, 1;Ioists and elevator, or lift, or well hole of the same shall at each floor~ ! ~ ~ e! ~ e~ ~ be provided with and be protected by good and sufficient trap doors or. self-closing hatches. and safety catches, or by such other safeguards as an inspector approves, which shall be kept closed at all times when they are not in actual use. (2.) If an elevator or lift in a:nyplace, or any Unsafe or mac~ inel' Y conne?ted with any such elevator or lift, is~ ~ ~ ~ ~ ~ ~ ~ ~ consIdered by an Inspector to be dangerous to use, he may lift. by order in writing prohibit the occupier of the place and owner of the elevator or lift from using such elevator or lift until .the same _or such machinery has been made safe to the inspector's satisfaction. Every such occupier and owner who uses or permits to be used such elevator or lift contrary to the order of the inspector shall be liable to a penalty not exceeding twenty shillings for each occasion on which it is so used. 23. Any person who wilfully damages or removes Damaging or any fence, guard, or other protection required to be placed, ~ omovi& g erected, or maintained in pursuance of this Act, or hy an ence, c. inspector, shall, in addition to the cost of repairing or replacing the same, be liable to a penalty not exceeding twenty pounds. Scaffolding and gear. 24. All scaffolding and engines, and all gear used in Scaffolding, connection therewith, shall be of the description prescribed &c., to be in by regulations, and shall be set up, built, maintained, and : ~ ~ : dance used in accordance with such regulations. regulations. 25. (1.) Where it appears to an inspector- Inspector (a) That the use of. any scaffolding or any gear used : : rr: ~ C~ ~ : 8 as in connection therewith would be dangerous to scaffolding, to human life or limb; or &c.

9300 MACHI~ ERY AND SCAFFOLDING. PART IIJ.- - - - - - - - - - - - - - - - - - - - - - - - - PRECAUTIO:S-S AGAINST Inspection oJ Machinery and Sea.ffolding. 8 Enw. VII. No 9 ACCIDENTS. (b) That with regard to any scaffolding or gear used in connection therewith erected or used in the course of erection the regulations are not being complied with, he may, by notice in writing, give such directions to the owner thereof as he thinks necessary in order to prevent accidents or to ensure a compliance with such regulations; and such person shall, unless notice of appeal is given as hereinafter provided, forthwith carry out such directions. May order (2.) Where an inspector gives any such notice, he may work to cease. at the same or at any other time order any persons forth- with to cease to use or to work in connection with the scaffolding or gear until such directions or any order on appeal therefrom shall have been complied with. Any such order of an inspector may be rescinded by him. Appeal from (3.) The person to whom such notice or order has inspector. been given, or the owner, within seven days after the receipt of such notice or order, may serve on the inspector a written requisition to refer the matter to the decision of the nearest police magistrate, and thereupon the matter shall be referred to such police magistrate, who shall hear and determine the dispute in manner prescribed, and his decision shall be final. Penalty. Any person who fails to comply with any notice or order given to him by an inspector in pursuance of this section or any decision on appeal therefrom shall be liable to a penalty not exceeding fifty pounds. PARTlV.- INSPECTION, ETC., O~ ' MACHINERY. PART IV.-INSPEc'rION, ETC., OF MACHINERY. When 26. (1.) All boilers shall be inspected at least once mtoabcehinery in every year, or more frequently as occasion requires: inspected. Provided that the Governor in Council may, by Order in Council, on such conditions and restrictions as he thinks fit, from time to time direct that any class of boilers shall only be inspected once in every two years; but this provision shall not restrict or prohibit inspection if the certificate granted in respect of any boiler of such class is for a less period than two years. (2.) All steam gauges shall be inspected, tested, and corrected at least once in every year. • (3.) All other machinery shall 'be inspected at such intervals as shall be prescribed.

MACHINERY AND SCAFFOLDI~ G. 9301 - - - - - - - - - - - - - - - - - - - - - - - - - PART IV.- 1908. Inspection rif Machinery and Scaffolding. INSPECTION, ETC., OP MACHINERY. 27. Unless there is reason to believe that the provi- May be dsiaonngsero 0 fftahCiCs l' dAecntt eaXr. eIstns,o.tInSbpe. einctgIOcnomofpmlieadchwm' iethry, sohra 1 t 1 hbaet aitinnmsypere.ecatseodnaatble made at any time between the hours of six o'clock in the morning and six o'clock in the evening of any day, but so as not unnecessarily to impede the working or use of any machinery. 28. 'fhe Chief Inspector shall provide each inspectorStandal'ds with proper standard.s and appliances by which all pressu. re aapndp li ances gauges can at any tIme be compared and tested, and wIth to be all other appliances necessary for carrying this Act into provided. effect, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit. 29. (L) The Chief Inspector shall provide each Inspectors' inspector with a record book relating to machinery, to be record books. kept by him in the manner prescribed. (2.) Such book shall be open to inspection, without charge, by any person at the office of the inspector or other convenient place appointed from time to time for that purpose by the Minister; but no person other than an owner of the particular machinery shall be entitled to an extract or copy of any entry affecting such machinery. • (3.) Every inspector who fails to keep such record book in the manner prescribed shall be liable to a penalty not exceeding fifty pounds, and in' addition to forfeit his office. 30. Every inspector shall make and furnish to the Monthly Chief Inspector during each month a report of the : ~ ~ ~ ! n~ ~ y. machinery inspected by him during the last preceding month. Such report shall be in such form and shall contain such particulars as the Chief Inspector directs. 31. (1.) For the inspection of machinery for the !ees £0; purpose of the granting of a certificate, there shall be paid mspectlOn. by the owner to the inspector, and before the grant of such certificate, the fees preRcribed. ( ~ . ) Such fees may be different for different classes of machinery, but, save as aforesaid, shall be uniform throughout the State. (R.) No inspector shall make any charge for any Insp' e~ tor inspection over and above the amount prescribed for the ~ ~ ~ : ~ : i~ : fee. time being in respect of the kind of machinery for the inspection of which the same respectively is payable.

I 9302 MAOHINERY AND SOAFFOLDING. I PART IV.- INSPECTION, ETC., OF MACHINERY. Inspection of Macnin er.1f and Sca.ifolding. rn. . I 8 Enw. N~ . 9, • I I (4.) Every inspector who knowingly accepts or cha-tges any fee or receives any sum of money over and above the charges allowed by law shall he liable to a penalty not exceeding fifty pound~ , and, in addition, to forfeit his , office, and shall not he eligible for reappointment. Notice of 32. (1.) An inspector who intends to inspect ~ : ri. y ibnosipleercst.ion:of boiler shall give the owner at least fourteen days' noticl3 of the time at which such inspection will be made. : I (2.) The owner shall- I I (a) Previously arrange that at the time <>f ins~ ec- tion- ! the boiler is empty and cool, and has been cleaned inside and outside; all fire flues have been swept; all fire bars and fire bridges have been removed; and t all blow-off and other cocks have been qlearedi for the purpose of examination; and I l all safety valves and check valves and injec ors have been opened up; . I (b) If required by the inspector, cause any br~ ck­ work or masonry in contact with the boilet to be removed; (c) During the inspection keep the boiler effectively disconnected from any steam or hot-water communication with any other boiler: this provision as to disconnection extends to every case in which a person is sent or with ,the owner's consent goes into a boiler for ~ ny purpose connected therewith. I (3.) Every person who commits a breach of un~ of the provisions of this section shall be liable to a penflty not exceeding twenty pounds. I Record of first inspection. 33. On the first inspection of every boiler, the in- spector shall enter in a record the following particulars with respect to the same, namely :- . (i.) The name and address of the owner; (ii.) The form of the boiler; (iii.) The age, materials, dimensions, and construc- tion of the boiler; (iv.) The name of the maker (if known) ; (v.) 'rhe pressure which the boiler is calculated ,to sustain; (vi.) The working pressure allowed;

MAOHINERY ANDSOAFFOLDING. 930s: - - - - - - - - - - ' - - - - ' - - - - - ' - - - ' - - - ' - - - - - - - - - - - - - - PART IV.- 1908. Inspection of Machinery and Scaffoldin.fJ. INSPECTION, ETC., OF MAOHINERY. (vii.) The state and condition of the boiler generally, and of all appliances used in connection there- with, and the fitness of the. boiler and such appliances for the particular purpose for which they are used or are intended to he used; and (viii.) Such other particulars as may be prescribed.' 34. On each subsequent occasion on which he inspects ~ubseq~ent the boiler, the inspector shall carefully make a com- InSpectIOn. parison with such particulars, and shall record any changes which have occurred since the previous inspectie)ll. . If any change has occurred, or any alteration has heen made, or any repairs have been effected in such boiler, he shall record the same in such manner as may be prescribed. If no material change has occurred in the state and condition of such boiler, he shall record that fact. 35. (1.) Where an inspector has inspected any ~ el' tific. ate of machinery, and is satisfied-,' , lllspectIOl1. (a) In the case of a boiler, that the same is in good repair and may be safely used for the purpose for which it is then used; .or (b), In' the case of any other machinery, that the same is securely fenced and guarded, and is also in good repair and may be safely used for the purpose for which it is then used; he shall report to the Chief Inspector accordingly, who shall'thereupon, and upon payment of ,the prescribed fee, cause to be grantp-d and issued to the owner thereof a . certificate in the presCl~ibed form. , . (2.) In the case of a boiler, the owner, after receiving ~ oiler to have such , certif . icate , shall cause .to b , e affixed on some con- tICket affixed. spicuous part of such boiler as may be approved by the inspector a metal plate with the prescribed inscription therebh. ' , Such plate shall be supplied to the owner by the inspector on payment of the prescribed fee. Every person who causes such plate to be affixed without having obtained the certificate, and every owner who fails to keep such plate so affixed so long as the .certificate remains in force, or keeps the same so affixed after the' certificate has ceased to be in force unless the particulars of the working pressure denotedthereon are . ~efaced, shall be liable to a penalty not exceeding fifty J>ounds. , :', ' ,

9304 MACHINERY AND SCAFFOLDING. PARTlV.- INSPECTION, Inspection of Mac,hiner./f and Scaffolding. 8 EDw. VII. No. 9, ETC., O}' C~ ~ . ~ HI~ ER; . 36. (1.) The certificate of inspection, when granted, ~ \ ' ~ h~ ~ i~ ed~ shall be exhibited in a frame with a clnar glass front in some conspicuous position, to be determined by the inspector, where it can be seen by all persons working at or with the machinery. Every person who fails so to exhibit such certificate shall be liable to a penalty not exceeding twenty pounds. (2.) In any proceedings under thiR section for failing to exhibit the certificate, it shall be a sufficient defence to prove- (a) 'rhat, owing to the size of the machinery, the locality where it was working, or other suffi- cient cause, there was no conspicuous position in which the certificate could reasonably be affix(>d; and also (b) That at all reasonable times the certificate was kept available for inspection by all persons' working at or with the machinery and also by the inspector. Duratiou of 37. (1.) The certificate granted to the owner of a ~ ~ i! ~e~ ato of boiler shall remain in force for any period the inspector thinks fit, which period shall be stated on the certificate. Such period shall not exceed one year, except in respect of a boiler specially exempted by Order in Council as hereinbefore prescribed, in which case the certificate may be granted for any period not exceeding two years: Provided that the Chief Inspector may at any time cancel or suspend any such certificate where he deems it necessary in the interests of the public safety so to do. Of machinery. (2.) '1'he certificate granted to the owner of machinery shall remain in force for one year if during that period no materia] alteration or addition is made in or to the same, and the machinery is at all times kept securely fenced and guarded and in good repair, and fit.. to be safely used for the purpose for which it is used. uOswe nmearcnh? mtetory 3 • 8 • Save as hereinafter provided , the owner of without a machlnerv shall not- certificate. (i.) Use the same, or permit the use thereof, unless a certificate of inspection as aforesaid has been granted as is in for.ce; or . (ii.) Continue to use the same or permit the use thereof after the lapse of forty-eight hours atter it has been inspected unless such cer- tificate has been granted; or (Hi.) Continue to me the same or permit the use thereof after the expiration of the period for which such certificate has been granted; or

MACHINERY AND SCAFFOLDING. 9305 1908. Inspection of Machinery and &affoldin.q. PARTlV.- INSPECTION, ETC., OF MACHINERY. (iv.) In the case of a boiler, work the same or permit the same to be worked at a higher pressure than that allowed by the certificate Provided that- (Ct) In the case of a boiler, the inspector may grant Provisional to the owner within forty-eight hours next ~ ~fl~~ ~ .as t() after his inspection a provisional order in writing specifying the pressure at which such boiler may be worked, pending the issue or refusal of such certificate, and the owner may work the boiler in accordance with such pro- visional order until such certificate has been granted or refused; (b) The owner of machinery who holds such certifi- Proviso as t() cat e, and wh 0 bel !' ore the expl.l'at'IOn 0 f tlle perIO. d cmearctihfiicnaetreyd. 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, unless after inspection the in- spector by an order in writing directs that its use be entirely discontinued, continue to use the machinery or permit the use thereof until a renewed certificate has been granted or re- fused, but shall not in the case of a boiler use the same or permit the use thereof at any pres- sure higher than that allowed by the expired certificate, or by a provisional order given in writing by the inspectur after inspection. A provisional order granted under the provisions of Cancellation this section may at any time be cancelh'd by the iJlspector of provisional by notI.ce posted'm a I etter addressed to t h e owner, and ordel', shall thereafter on demand be forthwith returned to the inspector. Every person who commits a breach of any of the Penalty. provisions of this' section shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for each day during which such offence is continued by him. 39. (1.) If after inspection it appears to the inspeetor Notice that- requiring (a) A boiler is not furnished with the prescribed ~ :a~ :: ~ ~ ing safety • valves , a . ppurtenances , • fittinG 0 'S , and wbohiolellryeoitrher connectIOns, and that such thmgs or any u1 partially. them are necessary; or

~306 MACHINERY AND SCAFFOLDING. PART IV.- . INSPECTION, ETC" O~ ' MACHINERY, - ~ - - . ~ - - - -- - -- - --- - -- - -- . Inspection of Machinery and Scaffolding. 8 EDW. VII. No. 9, - ~ ~ ~ ~ ~ - ~ - - - - - - - -~ - -- - --~ (b) It would be dangerous to life ol'property to permit a boiler to be used or to continue to be used in its existing state, he shall give to the owner a notice in the prescribed form. (2.) Such notice may either require the owner- (a) Not to use the boiler from a date to be fixed in the notice until certain repairs, additions, or alterations to he stated in the notice have been effected; or (b) Not to use the boiler from a date to be fixed in the notice, except below a IJressure to be stated in the notice, until certain repairs, additions, or alterations to be stated in the notice have been effected. Reference to (3.) At any time within seven days after the owner of pmoaligciestrate. a boiler has received· any such notice, unless the notice relates only to the provision of safety valves or other prescribed appurtenances, fittings, or connections, the owner may serve on the inspector a written requisition to refer the state of the boiler in respect of which such notice has been given to the decision of the nearest police magis- trate; and thereupon the matter shall be referred to such police magistrate, who shall hear and determine the dispute in manner prescribed, and his decision shall be final. ( ~ b. ) ICthe owner uses such boiler or permits the same to be used contrary to the requirements of any such notice or contrary to the decision of such police magistrate, he shall be liahle to a penalty not exceeding one hundred pounds. Safety valves, 40. Within twelve months after the commence- :~ ile~ ~~ ment of this Act, every boiler shall, if considered necessary by the inspector, be fitted with-· (i.) Two safety valves ofsufficient area. One of such valves shall be covered over and locked (two keys whereof shall be ,provided-one to be kept by the owner, and the other to be kept by the inspector)-and shall befitted with suitable lifting gear, so that the person in charge 9f the boile.r may ascertain from time to time that the yalve isin working order; (ii.) Two protected gauge glasses, or one protected gauge glass:and two test cocks;

MACHINERY AND SCA]'FOLDING. ,9307 1908. Inspection of Machinery and Scaffolding. PARTlV.- INSPECTION, ETC., OF MAOHINERY (iii.) Such fusihle plugs as may be necessary, so that in the event of the water becoming too low such plugs will melt and the escaping steam will extinguish the fir4i; (iv.) A cock to fit the coupling of the inspector's test gauge. 41. (1.) Where the owner has effected or is about Owner t\l to effect any repairs to a boiler, or has added to or taken f: st~ ~ tor of away, or is about to add to or take away, from a boiler any repairs. fittings or appliances, or in any manner has altered or is about to alter the construction of any boiler, he shall forthwith give notice thereof to the inspector, either by delivering the same at his office or by post letter. (2.) Every person who fails to comply with this section shall be liable to a penalty not exceeding twenty pounds. : . (3.) This section does not apply to cases where repairs have been effected in accordance with a notice to effect repairs given by any inspector under the powers herein- before contained. 42. Every person who by any means whatsoever ~ enalt: r on k now . mg 1 y 1 (oes, or procures t 0 bedone, or aSSI ' S t s or I , S mpcrreesasusrme gin privy to the doing of anything to increase or which tends boiler. to increase the pressure on any safety valve of any boiler beyond the pressure stated in the certificate of inspection as the pressure at which the safety valve blows off shall . be liable to a penalty not exceeding one hundred pounds or to be imprisoned for any period not exceeding six months. . The person in charge of any boiler when such in- Presumption. creased pressure is discovered, or who knowingly permits the same to continue, shall be presumed to be guilty of an offence within the meaning of this section. PART V.-DUTIES AND LIABILITIES OF OWNERS. PARTV.- DUTIES AND LIABILITIES OF OWNERS, 43. When the owner sells 01' absolutely disposes of Notice. of sale any mac h m ' ery, I le S h a 11 f orthWI' t hg' Ive no t" ICe In wrl 't l ' ng moralcehtitnmegryo. f of the fact to the Ohief Inspector stating the name, occupation, and abode of the person to whom such sale or disposition has been made, When any machinery is let on hire, a similar notice shall be given to the inspector by the owner. If default is made in giving such notice, the person in default shall be liable to a penalty not exceeding ten pounds. G

9308 MAC1HNER'Y AND SCAFFOLDING. PARTV.- DUTIES AND LIABILITIES 'OF OWNERS. Inspection of Machinery and Scaffolding. 8 Enw. VII. No. 9, Penalty ~ Ol' 44. If any machinery is not kept in conformity not ~ ~ epmg with this Act, or if with respect to the same there is a : a~ o~ ~ : ~ ity breach of any of the provisions of this Act, or if the owner with Act. fails to comply with ah order or request duly made by the Minister or an inspector with respect to the same, the owner shall, if no other penalty is provided, be liable to a penalty not exceeding twenty pounds. The justices, in addition to or instead of inflicting a penalty, may order certain means to be adopted by the owner within a time to be named in the order for the purpose of bringing his machinery into conformity with this Act, and may upon application enlarge the time so named; and if after the expiration of the time originally named or enlarged upon subsequent application the order is not complied with, the owner shall be liable to a penalty not exceeding one pound for every day during which such non-compliance continues. No pl'osecu- 45. No prosecution for any breach or contravention atiuonthowni.ttyh. out of this Act shall be instituted without the authority of the Minister or the Chief Inspector. Who may be 46. (1.) Every person guilty of any breach or con- pagroacitelesdt efdor travention of this Act shall be punishable therefor, and it offences. shall be no defence to prove that the person proceeded against was the agent or employee of the owner or occupier or was acting in pursuance of any order or direction given by the owner or occupier. Exemption of (2.) When an owner or occupier is ch~rged with an owner.orf offence against this Act, he shall be entitled, upon informa- foicnoeuopnIer rom t I ' on du) y Ial'd b y hl' m, to have any other person whom he ~ nhl!ctio~ I charges to be the actual offender brought before the ~ ffen: e~ ,ua justices at the time appointed for hearing the charge, and if after the commission of the offence has been proved the owner or occupier proves to the satisfaction of the Court that he used due diligence to enforce this Act, and that such other person committed the offence in question without his knowledge, consent, or connivance, such other person shall be convicted of the offence, and the owner or occupier shall be exempt from any penalty•.. Proceedings 47. Where it appears to an inspector at the time ajlainst actual of discoverinO' any offence that the owner or occupier offendel'. had used due o diligence to enforce this Act, and also by what person the offence was committed. and that it was committed without the knowledge,consent, or connivance of the owner or occupier, and in· contravention of his

MACHINERY AND SCAFFOLDING. PARTV.- 1908. Inspection of Machinery and Scaffolding. DUTIES AND LIABILITIES - - - - - - - - - - - - - - - - - - - - - - - - - OF OWNER~. orders, then pro'ceedings may be taken against the person who is allegerl to be the actual offender in the first instance without first proceeding against the owner or occupier. 48. (1.) No person shall be liable under this Act When owner8 Ia.Ss uanndoewr nhe" ISr Iomf mmeadcI. haitneepryoworerscoarffcooldnitnrogl, . unNleoss mthoertgsaagmeee mannoodt rt ligaabgleee. s of machinery or scaffolding shall be liable under this Act, unless he is in actual possession thereof or has the same under his immediate power or control. (2.) For the purpQSes of this section the words " immediate power or control" mean where the machinery or scaffolding is worked or used by the owner or mortgagee of such machinery or scaffolding personally, or by his agents, servants, or others, under his orders or directions and for bis benefit or profit. (3.) Nothing herein shall exempt any corporate body from liability under this Act by reason only that any machinery or scaffolding is under the control of any directors, secretary, manager, or other person elected or employed by such corporate body for the benefit of or on behalf of' such body. PART VI.-INQUIRIES AS TO ACCIDENTS. PART VI.- ; : 1~ ~ ~ ~ ~ N~ : . 49. The provisions of this Part of this Act shall not Li!llitation of apply to any mine subject to "The Mining Act of 1898"* thiS Part. or any Act amending or in substitution for that Act. 50. (1.) Where loss of life or serious bodily injury Inspec.tor to to any person by reason of the explosion of' a boiler, or by abCeC: liodtelnfit.ed of reason of an accident caused by machinery or scaffolding, occurs at or in any place where there is machinery (whether subject to this Act or not), the owner of the machinery or scaffolding shall within twenty-four hours after the occur- rence send notic'3 to the inspector at his office or usual place of residence, specifying the cause of the accident. (2.) Every owner who neglects to send such notice as aforesaid shall be liable to a penalty not exceeding twenty pounds. 51. (1.) In the event of an accident happening to lnquiry into machinery or scaffolding (wbethersubject to this Act or~~ ~~e~!. not), or where any loss of life or serious bodily injury has occurred as in the last preceding section mentioned, the Minister may direct an inquiry to be held before a "" 62 Vic. No. 24, supra, pttge 6609.

9310 MACHINERY AND SCAFFOLDING. PART VI.- INQUIRIES AS Inspection of Machinery and Scaffoldin.lJ. 8 EDW. VII. No. 9, TO ACCIDENTS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Court consisting of a police magistrate and, if the Minister thinks fit, a person skilled in the use and construction of such machinery or scaffolding. (2.) The Court shall have power to hold such inquiry at such times and places as the Minister appoints. (S.) The Minister may obtain for the use of the Court a report from a legally qualified medical practitioner or other competent person upon the cause of such death or the nature, extent, and cause of such injury. (4.) Every such inquiry shal1 be held publicly in such manner and under such conditions as the Court thinks most effectual for ascertaining the causes and circum- stances of such accident, and for enabling the Court to make the report hereinafter mentioned. (5.) The fact ofa person acting at such inquiry shall be sufficient evidence of his authority so to do. (6.) 'rhe Court shall have, for the purpose of such inquiry and the summoning and examination of ,,yitnesses thereat, all the powers which are possessed by any two justices in the case of summary proceedings upon com- plaint. (7.) The Court or some person appointed by it may enter and inspect any place the entry or inspection whereof appears to the Court to be requisite. (8.) The Court sball report to the Minister as far as possible the causes of the accident, and the circumstances attending the same, adding thereto such observations as it thinks fit. (9.) Every person summoned shall be allowed such expenses as would be allowed to a witness attending on subprnna before a court of petty sessions: Provided that the Court in its discretion may disallow in whole or in part the expenses of any such person. (10.) The Court may make such order as it thinks fit respecting the payment of the costs and expenses of the inqniry, and such order may, on the application of any party entitled to the benefit of the same, be enforced in a summary manner before any two justices as if it were a penalty imposed by them. (11.) Any costs and expenses ordereu by the Court to be paid by the Minister, and any remuneration paid to persons forming the Court shall be paid out of moneys provided by .Parliament for the purposes of this Act.

MACHINERY AND SCAFFOLDING. 9311 PARTVII.- 1908. Inspection cif Machinery and Scaffolding. EXAMINATION 'lAND - - - - - - - - - - - - - - - - - - - - - - - - CERTIFICATES OF ENGINE- DRIVERS. PAR'!' VII.-ExAMINATION AND CERTIFICATES OF ENGINE-DRIVERS. 52. The Governor in Council, from time to time, may Appointment appoint such number of persons as he thinks fit to be a of examiners. board of examiners to examine candidates desirous of becoming engine-drivers and boiler attendants, and shall appoint one of the members of the board to be chairman thereof. , The Chief Inspector of Machinery and the Chief Inspector of Mines shall hy virtue of their offices be members of such hoard. Subject to this Act, such board shall have power to grant certificates of competency, as hereinafter prescribed, to all such candidates who satisfy them that they possess the necessary practical and theoretical knowledge, skill, and intelligence, and are not otherwise unfit. 53. (1.) Such board shall have power to grant the Classes of following certificates of competency, namely ;_ certificates_ 1. Extra first-class engine-driver's certificate; 2. Winding engine-driver's certificate; 3. First-class engine-driver's certificate; 4. Second-class engine-driver's certificate; 5. Third-class engine-driver's certificate. (2.) The rules set forth in the Third Schedule to this Rules relating Act shall apply to the granting, suspension, and cancellation ~l~ ~~ ~ ie m. of all such certificates, and shall be observed hy th.e board and all per~ ons concerned. But ~ uch rules shall not be construed to prevent or limit the making, of regulations (not inconsistent with such rules) for the purpose of giving full effect to this Act. 54. (1.) An extra first-class engine-driver's certificate Stat~ s of shall entitle the holder thereof to drive and have charge of mtlficates. any engine and machinery to which this Act applies. 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 ,,,"here engines are manufactured or repaired or where work of a similat' character is performed. The holder of such certificate shall be designated therein as " an engineer." (2.) A winding engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine and machinery to which this Act applies, including any

9312 MACHINERY AND SCAFFOLDING. PARTVII.- - - - - - - - - - - - - - - - - - - - - - - - - EXAMINATION AND Inspection of Machillery and SC(1jfolding_ 8 EDW. VII. No. 9, CERTU'WATES - - - - - - - - - - - - - - - - - - - - - - - ~ OF D ' REINVGERINSE. - winning engine or winding machinery by means whereof persons or material are drawn up, down, or along any shaft, pit, or inclined plane or level in any mine. (S.) A first-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine and machinery to which this Act applies, except winding engines and winding machinery as hereinbefore defined. (4.) A second-class engine-driver's certificate' shall entitle the 40lder thereof to drive and have charge of any engine to which this Act applies (other than a winding engine as hereinbefore defined) the area of cylinder or combined area of cvlinders of which does not exceed two hundred circular inoches and of its boilers. (5.) A third-class engine-driver's certificate shaH entitle the holder thereof to drive and have charge of any engine to which this Act applies (other than a winding engine as hereinbefore defined) the area of cylinder or combined area of cylinders of which does not exceed one hundred and forty-four circular inches and of its 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. Drivers, &0., 55. (1.) No person shall be employed or act in the of engines and capacity of engine-drivel' in charge of any steam enO'ine cbeoritliefricsattoesh. old or st,eam b 0 ' 1 ler t 0 wl lI ' C h th I ' S A C t appll'es, un1ess he ' IS 0 t he holder of a certificate of competency under this Act of the grade prescribed for the engine or boiler in question. Acting (2.) Any person who acts in the capacity of engine- : ~ ~ ~ ~ ! te. driver in charge of any steam engine or steam boiler to which this Act applies. without the proper certificate of competency, and every person who knowingly employs such person in such capacity, shall be liable to a penalty not exceeding five pounds for every day or part of a day during which hc so acts. Obtaining certificate improperly. 56. (1.) Any person who obtains or attempts to obtain any certificate under this Act by fraud shall be liable to a penalty not exceeding twenty pounds. (2.) Every certificate improperly obtained, whether obtained before or after the passing of this Act, may be cancelled by the board of examiners; and the holder thereof shall, when called upon by the board, return such certificate: (S.) Every person who uses any such certificate, after notice by the board that the same has been cancelled, shall be liable to a penalty not exceeding twenty pounds.

MACHINERY AND SCAFFOLDING. 9313 - - - - - - - - - - - - - - - - - - - - - - - - - - PART VII.- 1908. Inspection oj Machinery ana Scaffolding. EXAMINATION ANn - - - - - - - - - -~ - - - - - - - - - ~ - - - - CERTIFICATES 57 . If upon the report 0 f an I.nspect or t he Ch l ' e f O D F R E I N V G ER IN S. E- Inspector is of opinion that it is impracticable, and there- Chief fore dangerous, for any certifi.?ated en~ ine- d~ iver to take; : :r: :~ : re sole charge of any steam engme and Its bOIlers at the engine and same t I·me, heIsl la l' serve t1le owner Wl 'th notI'Ce, I.n wrI' tl' ng, ibtes i b n oiclherasrgteo requiring him, on and after a date to be stated in such of separate notice, to place the boiler in charge of some person other persons. than the certificated engine-driver in charge of the engine. Any person upon whom such notice has been served who fails to comply therewith shall be guilty of a breach ()f this Act. PART VIII.- MIS' P ART VIII . - M ISCELLANEOUS P ROVISIONS. OELLANEOU8 PROVISIONS. 58. Any portable steam engine or boiler or portable Owner's name machinery which is travelled for hire shall have the name tto be a[ffibxled and resl' dence 0 f t he owner legl' bly affixed or pam. ted e 0 ng p i o n r ~ aor e thereon; and any such owner who fails or neglects to machmery. comply with the requirements of this section shall be liable to a penalty not exceeding ten pounds. 59. Any person appointed by the Minister may Power to enter anl place. in which machinery is, working and insp~ ~ t : ~ ~ ~ nspect the certIficate m respect of the maclllnery and the certlli- certificates. cate of the person in charge of an engine or boiler. 60. Nothing in this Act, or in any certificate granted ~e.sponsi­ under its provisions, shall relieve any owner of machinerv blhty of & from liability to any action or from liability to any civil 0'1' ~ : f~ : = ine~ · . ' criminal proceeding; but all rights of parties and all liabilities of owners of machinery, or of any other person in respect thereof, shall remain unaffected by this Act. 61. (1.) .A!ny order, notice, or process to be served in Service of. P ursuance of this Act shall be deemed to be duly served oorrdseurm, mnootwnse. , upon the occu,pier of any place, or upon any owner . ()f machinery, 'if such order, notice, or process is sent through the post office by registered letter addressed to such occupier or owner at his last known place of abode or business, or is affixed to the door or some other conspicuous patt of the place or machinery, as the case may be. I (2.) Where by this Act an inspector is empowered or required to give to or serve upon any owner any order or notice requiring such owner to do or refrain from doing any act or wo* relating to any machinery, such owner shall, if so required, upon such order or notice being given or served, sign a duplicate copy of the same in acknow- ledgment of hi~ having received it.

9314 MACHINERY AND SCAFFOLDING. PARTjVIII.- - -- - - - - - - - - ' - - - - - - ~ - - - - - - - - ­ MIS- OELLANEOUS Inspection of Machinery and Scqffolding. 8 EDw. VII. No. 9, PROVISIONS. - - - - - - - - - - - - - - - - - - - - - - - - t G p o r e o pn v ee i n s r i aa o ll n ti s el a . s pursu 6 a 2 n . t ( t 1 o .) thAisll Apcetnmaltaiyesbeanrdecofveeesredimspuomsemdariblyy boyr complaint before any two justices of the peace. (2.) Every person guilty of an offence against this Act for which no other penalty is provided shall for the first offence be liable to a penalty not exceeding twenty pounds. Regulations. 63. The Governor in Council may from time to time make Regulations for all or any of the following purposes, M~ ~ :- I Officers. (i.) Regulating the powers and duties of inspectors l!nd other officers, and providing that such inspectors and officers in the exercise and dis- charge of their powers and duties shall not unreasonably or unduly interfere with the work or processes being carried on in any place : The qualifications of inspectors, and re- quiring that before appointment they shall give, by examination or otherwise, satisfactory evidence of their competency; Lifts. (ii.) Requiring all or any particular classes of lifts to be registered; Forms. (iii.) Prescribing the form and manner of giving, furnishing, granting, or keeping orders, notices, applications, plans, records, certificates, regis- ters, exemptions, and other documents in pur- suance of this Act; Fencing machinery. (iv.) Causing certain machinery to be fenced off Or guarded securely, and so maintained; Face guards, &c. (v.) Compelling the owners of certain classes of machinery to provide for the use of employees face, hand, or arm guards, aml compelling such employees to use the same; Engine-room. (vi.) Restricting unauthorised persons from being allowed to· enter any engine-room while the machinery is in motion, and prescribing penal- ties against such unauthorised persons, and the conditions under which entry into any such engine-room may be permitted; Boilers. (vii.) Prescribing the mode in which the pressure which boilers are calculated to sustain is to be ascertained, and the method of reckoning the horse power of boilers, and the appurtenances~ fittings, and connections proper for boilers;

MAOHINERY AND SOAFFOLDING. 9315 VIII.- - - - - - - - - ~ -- ----- - - - - ~ - - - PART m08. Inspeotion of Maohinery and Soqffolding. MIS- OELLANEOUS PROVISIONS. (viii.) Providing for and prescribing the standards for E~ gine­ the examination of persons desirous of acting drivers. as engine-drivers and boiler attendants, and the granting of certificates of competency to them; (ix.) The manner in which scaffolding and gear shall Scaffolding. be set up, built, maintained, and used; the &c. construction and placing of swinging stages or .scaffolds, gantries, and gear so as to ensure safety; requiring written notice to be given to an inspector before the erection of scaffolding; (x.) Prescribing scales of fees- Fees. (a) To be paid by owners for the inspection of the various kinds and classes of machinery . and for the granting of certificates, pro- visional orders, and exemptions with respect thereto; (b) To be paid for the inspection of scaffolding and gear; (0) To be taken by legally qualified medical practitioners for examinations, certificates, and reports under this Act; (d) To be paid for the registration of lifts; (e) To be paid for the granting of certificates of approval to public inspectors of machinery, and for the examination and granting of certificates of competency to engine-drivers and boiler attendants; (xi.) Prescribing the conditions upon. which such Suspension. certificates of approval or of competency may, &c'i:l t after due investigation, be suspended or revoked cer CIl es. on the ground of misconduct, negligence, in- temperance, unfitness, or successive breaches of this Act; (xii.) pRoe1I· gCuelatminaggI.tsh t re · atperso, . ceaenddinguspuopnon. InrqeU. feIrr. IeenSc. eIsn t to 0 tm R o e a f pg e o r isl ~ itc n rea c t e e 8 s accidents, and the manner o,f defraying and &c. • the recovery of the costs and expenses thereof; (xiii.) Prescribing abstracts of the provisions of this Abstracts. Act, to be affixed and maintained by owners of machinery or scaffolding; . (xiv.) .Generally for carrying this Act into effect. Generally. The Regulations may provide a penalty not exceed. ing'twenty pounds for any breach of the same.

9316 MACHINERY AND SCAF.FOLDING. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - MIS- CELLANEOUS Inspection of Machinery and Scajfuldin'l' 8 Enw. VII. No. 9, PROVISIOXS. All such Regulations shall, upon being published in the Gazette, be of the same effect as if enacted in this Act, and shall not be questioned in any proceedings whatsoever. All such Regulations shall be laid before both Houses of Parliament within forty days after the pUblication thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next session thereof. No 64. No owner of machinery or scaffolding shall ocount. tracting co?-tract with any employee against any liability under thIS Act. Abstract of 65. Every owner of machinery or scaffolding shall :ct, &c.dto cause to be affixed and maintained in such place or places e poste up. as the inspector directs the prescribed abstracts of this Act, and in default of 'so doing shall be liable for a first offence to a penalty not exceeding two pounds, and for a second or subsequent offence to a penalty not exceeding five pounds. False entries, &c. 66. Every person who- (i.) Makes in any prescribed book, register, notice, certificate, list, record, or document an entry which in any material particular is, to his knowledge, false; or (ii.) Makes use of any entry or report which in any material particular is, to his knowledge, false, shall be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding three months. Proceedings before justices. 67. The following provisions shall apply to legal proceedings under this Act :- (i.) The burden of proof that the provisions of this Act with regard to the registration of machinery, and with regard to obtaining and exhibiting the certificate of inspection or plate, have heen complied with as to any par- ticular machinery shall he on the defendant; (ii.) Where by this Act any owner of machinery is .required to give or serve any notice, the burden of proof that the provisions of this Act have been eomplied with shall be on such ownsr; . (iii.) The burden of proof that any machinery or scaffolding was not on any date alleged in a complaint in the place alleged shall be on the defendant; •

MAOffiNERY AND SCAFFOLDING. 9317 - - - - - - - - - - - - - - - - - - - - - - - . ~ PART V I I I . - 1908. Inspeotion of Machinery and Scaffoldin,'1' MIS- OELLANEOUS PROVISIONS. (iv.) It shall be sufficient to state the name of the ostensible owner or occupier, or the title of the firm or company or corporation by which the owner or occupier is usually known; and the burden of proof that the person, firm, company, or corporation so named is not the owner or occupier shall be on the defendant; (v.) The authority of any inspector or other officer of the State to take any proceeding or to do any act shall be presumed until the contrary is shown; (vi.) When an employee is in the opmIOn of the Court apparently of the age alleged by the complainant, it shall lie on the defendant to prove that such employee is not of that age; (vii.) It shall not be necessary to prove the consti- tution of any district under the Act or the boundaries thereof. 68. The Chief Inspector shall furnish annually to the Annual Minister a report upon the operation of this Act. report. Year and Number of Act. SCHEDULES. SOHEDULE I. Title of Act. Extent of Repeal. [See s. 3.] 62 Vie. No. 24 "The Mining Aot SS. 222, 223, and 224. of 1898 " 64 Vie. No. 28 " The Factories In s. 2, the words "BOILER EXPLO- and Shops Act SIONS," and the words "FENCING OF of 1900" MACHINERY AND." In s. 4, the definition of "Boiler." In the definition of Inspector, for the words "factory, shop, or boiler" substitute "factory or shop." In s. 5, the last proviso to subsection (1); and subsection (3). EiS. 9 and 10. In s. 11, subsection (ii.) ; in subsection (iii.), the words "or inspection"; in . the second paragraph, the words , "and every person in charge of a boiler." In I!ubsection Cv.) of s. 12, the words " or inspection." SS. 13 to 23, both inclusive. SS. 35, 36, 37, and 38.

9318 MAOHINERY AND SOAFFOLDING. Inspection of Machinery and Scaffolding. 8 Enw. VII. No. 9, Year and Number 01 Act. SCHEDULE I.-continued. Title of Act. Extent or Repeal. 64 Vic.No.28 "The Factort'es and Shops Act of 1900" In s. 39, subsections (1) and (2); ss. 4() and 43. In So 59, the words "or owner of a. boiler." In s. 60 in subsection (1), the words "or in connection with a boiler", subsections (3), (4), (9), (13), (14) , in subsection (17), the words "and owners of boilers" respectively. In s. U1, the words "and every owner of a boiler." In s. 67, the words "or owner of a. boiler." In s. 68, subsections (iv.) and (v.). [See s. 6.J SOHEDULE n. MACHINERY SUB.TECT TO THE ACT. All Machinery for the purpose, process, preparation, or manufac- ture of- Foods, Drinks, Perfumes, Drugs, Medicines, Ohemicals ; PlaRter, Cements; Wearing Apparel; Furniture; Metal Ware, Cutlery, Grinder.r; Bricks, Tiles, Pottery, Glass, Pipes; Machinery, Tools, Instruments; Arms, Ammunition; Paper, Linoleum, Oilcloth, other Textile Materials; Harness Saddlery; Metal, Wood, Stone, Leather, Rubber; Vehicles; Hoisting, Lifting, Elevating, Hauling, Driving, Propelling; Weighing; Refrigerating; Scouring, Cleansing, vVashing; Rolling, Pressing; Planing, Sawing j Building, Ventilating; Milling, Drilling, Founding; Forcing, Pumping; Ploughing, Planting, Cutting, Harvesting; Shearing; Moulding, Stamping, Orushing, Tearing, Shredding, Separating; Excavating, Boring, Sinking, Dredging; Printing; Illuminating, Electrical Generation;

MACHINERY AND SCAFFOLDING. 1908. Inspection of Machinery and Scaffolding. But not including- Such machinery (including ~ il and hot air engines) or imple- ments as are commonly used in agricultural 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 seven indicated horse power; Machinery, Tools, or Instruments which are directly worked by hand or foot power; or Vehicles propelled, hauled, 01' moved by direct hand, foot, or auimal power or from a stationary electrical generating power. 9319 SCHEDULE Ill. [See s. 53.J RULES RELATING TO ENGINE-DRIVERS' CERTIFICATES OF COMP\l:TENCY. 1. Subject to these Rules, all certificates shall be granted after Examinations. examination only. Examinations shall be held at the principal towns and mining centres in such manner and at such times as may be prescribed, and the exact date of the examinations shall be notified by advertisement beforehand. 2. Until the first day of January, one thousand nine hundred and .Apprentice- nine, the board, with the approval of the Minister, may dispense with ship. and such of the prescribed conditions for the granting of third-class certifi- sel'Vlce. cates of competency as to them seems just in favour of any person who has commenced his apprenticeship or has be'3n engaged in the capacity of engine-driver or boiler attendant in Queensland or elsewhere before the commencement of this- Act. 3., (i.) Every holder of a first-class certificate of competency as an Existing engine-driver granted under" The Mining Act of 1898,"* or a certificate certificates. 'of competency or of service granted under" The Mines Regulation Act of .1889,"t shall, on making application before the first day of January, one thousand nine hundred and nine, be entitled,. without payment of any fee, to a winding engine-driver's certificate under this Act. (ii.) Every holder of a second-class certificate of competency as an engine-driver or a second-dass certificate of competency granted under "The Mines Regulation Act of 1889"t or under "The Mining Act of 1898"* shall, on making application before the first day of January, one thousand nine hundred and nine, be entitled, without payment of any fee, to a second- c1a~s engine-driver's certificate under this Act. '(iii.) Every holder of a first or second class engine-driver's certificate granted under" The lfactories and Shops Act of 1900"~ shall, on making application before the first day of January, one thousand nine hundred and nine, be entitled, without payment of any fee, to a first or se('ond class engine-driver's certificate, as the case may bE', under this Act. (iv.) If any application under this Rule is not made within the time herein prescribed, the avplicant shall before the grant of a certificate pay the prescribed fee, unless the board for any special reason think fit to remit such fee. «062 Vic. No. 24, 8upra, page 6609. t 53 Vie. No. 7, 8upra, page 3779. :t 64 V~ c. No. 28, 8upra, page 7216.

932{) MACHINERY AND SCAFFOLDING. inspcvtion of Machinery and Soa.ffoldin.q. 8 EDw. VII. No. 9, Reciprocity. 4. On payment of the prescribed fee, the board may, without examination, grant any certificate to any person of good repute who satisfies the board that he is resident ill Queensland, and is a person of good repute, and is the bolder of a corresponding certificate of equal grade, granted after examination by auy duly constituted and recognised authority within or outside the ~ tate. A.pplications 5. All applications for examination shall be forwarded to th& f e o x r amination. chairman of the board, accompanied by the prescribed fee. Grant of 6. (i.) Every applicant for any certificate shall produce- oerillicate. (a) Sati"factory evidence of his respectability of character; (b) Medical testimony that he is not wholly or partially deaf. nor has defrctive sight, nor is subject to fits, giddiness, 01" any other infirmity likely to interfere with the efficient discharge of his duties; (c) Such documents in evidence of experience as may b& prescribed. (ii.) On an applicant passing the prescribed examinatio.n, and upon the board being satisfied of his fitness in all other respects, th& board shall grant a certificate of the appropriate grade and in th& prescribed form. Every certificate and the registration entry relating thereto shall state upon the face thereof the class or classes of engines which the holder iJ entitled to drive. Every certificate shall bf'ar the full christian and surname and th& usual signature of the holder. (iii.) No extra first-class engine-driver's or winding engine-driver's or first-class engine-driver's certificate shall'be granted to any person under twenty-one years of age. No second or third class engine-driver's certificate shall be granted to any person under eighteen years of age. . (iv.) The board may grant or refuse a certificate upon any grounds it deems advisable. Extra first· clas8 certificate. 7. A candidate for an extra first-class engine-driver's certificate shall be the holder of a windi!lg engine-driver's certificate. He shall also have worked as an apprentice or learner for at least five years in a workshop where engines are manufactured or repaired or where work of a similar' character is performed. The holder of such certificate shall be designated therein as "an enginrer." Winding engine· driver's certificate. 8. (i.) A candidate for a winding engine-driver's certificate shall have been the holder of an engine-driver's certificate of a grade not lower than second class for a period of at least twelve months, and in addition shall furnish documentary evidE'nce that during that period he has had at least six months' expE'rience driving both loose eccentric and link motion winding engines under the supervision of a certificated engine-driver:' Provided that where ollly one class of the abovementioned engines has been driven such certificate may be granted, but it shall be marked" link motion" or " loose eccentric," and entitle the holder to drive the class of engines named in the certificate. (ii.) For the purpose of obtaining expf'rience, the holder of a first- class or second-class enginr-driver's certificate may drive a winding engine under the supervision of a certificated engine-driver, except when men are being raisE'd or lowerf'd. (iii.) Steam and air winches which are not used for raising or lower- ing men in or in connection with mining operations shall not be deemed to be winding engines.

MA_CHINERY AND SVAFFOLDING-PENSIONS. 9321 8 Enw. VII. N O~ 6,1908. Old-age Pensions. 9. A candidate for a first-class engine-driver's certificate shall have First·class been the holder of a second-class engine-driver's certificat.e for a period certificates. of at least twelve months, or in the alternative shall furnish satisfactory . evidence that he is an experienced engine-driver. 10. A candidate for a second-class engine-driver's certificate shall Sec~nd-claB& produce satisfactory evidence that he has been employed as fireman, or certificates. greaser, or in some other capacity about boilers and engines for a period of not less than twelve months. 11. Where s,n engine-driver uncertificated under this Act has had no Intel'im opportunity of presenting himself for examination, the board, or any en~ ine­ member thereof, or any inspector, on being satisfied as to the experience dnrt~ e; ; 8' t o f suc h engm . e- d rI ' ver, may grant h" Im an m t er ' lm ce rt' I 6 cate 0 f the proper ce wca es. grade, which shall operate accordingly until the day next afterwards appointed for the examination of engine-drivers. . _ 12. (i.) Where it appears to the board that the holder of a certificate Suspension or under this Act is guilty of any offence or misconduct, or has developed can:. ~ la~ onof any symptom of epilepsy or other serious complaint which would render eel' 1 ca . him unfit to be trusted to effieiently perform his duties as such holder, the board may call upon him to appear before such perAons as the Minister may appoint to show cause why his certificate should not be suspended or cancelled. - _ (ii.) The evidence taken at such inquiry shall be on oath or affirma- tion, which any person appointed as aforesaid may administer. - (iii) The persons appointed to hold such inquiry shall report thereon to the board. (iv.) If upon such report it appears to the board that the person called upon has failed to show good cause why his certificate should not be suspended or cancelled,the board may advise the Minister accordingly. (v.) The Minister may thereupon, by order published in the Gazette, suspend his certificate for such period as he thinks fit (and during the period of suspension he shall be deemed not to be the holder of a. -certificate), or cancel such certificate; and the order of the Minister shall be final and conclusive. OLD-AGE PENSIONS. See PENSIONS. PENSIONS. An Act to Provide for the Payment of*Old-age 8 Edw. VII. Pensions, and for other purposes. No. 6. THE OLD·AGE [ASSENTED TO 15TH APRIL, 1908.J PEN m S ' I 1 O 9 N 0 S 8. AOT B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Old-age Pensions Short title Aot of 1908," and shall commence and take effect on and and 'from the first day of July, one thousand nine hundred and: :~ ~ ~C: ;. t. eight. t 1