Lifts and Cranes Act 1985 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
LIFTS AND CRANES ACT, 1985
It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.
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SUMMARY OF PROVISIONS
Section
Short title
Commencement
Reoeal
Application of Act
Crown bound
Non-derogation
Ins~ectors
po&ers of inspectors
Approval of design and construction
Registration of cranes, hoists and lifts
Duty in relation to the safe operation, etc.. of a crane, hoist | or lift |
Inspection of cranes, lifts and hoists Operation of cranes, hoists and lifts by young persons Certificates of competency Accidents involving cranes, hoists or lifts |
Aa~roved | codes of ~ract ice |
Rkciew of decisions
g f w t regorts | . |
ences y bodies corporate
Summarv offences
~ v i d e n t i a r ~ provisions
Exemption by Director
Service
Regulations
being
Lifts and Cranes Act, 1985, No. 54 of 1985 [Assented to 30 May 19851'
as amended by
Lifts and Cranes Act Amendment Act, 1987, No. 30 of 1987 [Assented to 23 April 19871'
Lifts and Cranes Act Amendmenl Act, 1988, No. 89 of 1988 [Assented to 1 December 19881
An Act to regulate the construction, erection, modification, maintenance and operation of cranes, hoists and lifts; to repeal the Lifts and Cranes Act, 1960; and for other purposes. BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
Short title
1. This Act may be cited as theLifts and Cranes Act, 1985.
Commencement
2. (1)This Act shall come into operation on a day to be fixed by proclamation.(2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.
3, TheLifts and Cranes Act, 1960, is repealed.
Interpretation 4. (1) In this Act, unless the contrary intention appears- "approved code of practice" means a code of practice approved by the Minister
pursuant to section 17a:
"crane" means a power-driven lifting apparatus by means of which materials may
be moved simultaneously in both a vertical, and a horizontal, plane:
ICame into operation 30 January 1989:
Gaz. 22 December 1988, p. 2094.
|
2 Lifts and Cranes Act, 1985 "the Director" means-
(a) the person for the time being holding, or acting in, the office of Directorof the Department of Labour;
or
(b) any person authorized by that person to exercise the powers of theDirector:
"expert report" means a report by a person whose qualifications and experience are such that the person is, in the opinion of the Chief Inspector, an expert on the subject to which the report relates:
"hoist" means a power-driven lifting apparatus that is not a crane or lift:
"inspector" means-
(a) the Chief Inspector of Lifts and Cranes;
or
(b) an Inspector of Lifts and Cranes:
"lift" means a lifting apparatus (whether or not power- driven) that consists of a car
or cage-
(a) that is attached to, installed in or used in connection with a building orstructure;
and
(b) the movement of which is directed and controlled by a guide of guides,and includes an apparatus in the nature of a chair lift, escalator or moving walk
or any other apparatus declared by proclamation to be a lift:
"lifting apparatus" means an apparatus designed or adapted for raising or lowering,
or both raising and lowering, persons or materials, or both:
"
ownern-
(a) in relation to a lift-(i) means the owner, lessee or occupier of the building or structure
in, or in connection with, which that lift is used;
and
(ii) where the lift is being installed, modified or repaired-includes | the contractor engaged in the installation, modification or repair; |
and
(b) in relation to a crane or hoist, includes-(i) a person for the time being taking the crane or hoist on hire or
lease;
(ii) where the crane or hoist is used in or in connection with a building or structure-the owner, lessee or occupier of the building or structure;
and
(iii) where the crane or hoist is being constructed, installed, modified
or repaired-the contractor engaged in the construction,
installation, modification or repair:
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"power-driven" means driven otherwise than by human power:
"the repealed Act" means the
Lifts and Cranes Act, 1960, repealed by this Act.(2) In this Act, a reference to any lifting or other apparatus extends to-
(a) supporting and enclosing structures;and
(b) machinery, electrical circuits, equipment and gear associated or connected, orused in association or connection, with the apparatus.
Note: For definition of divisional penalties see Appendix 2.
Application of Act 5. (1) This Act does not apply to or in relation to-
(a) an apparatus used or intended for use in an activity regulated by or under-(i) the
Mines and Works Inspection Act, 1920; (ii) the
Petroleum (Submerged Lands) Act, 1982; or
(iii) the
Petroleum Act, 1940; or
(b) an apparatus to which, or of a class to which, this Act is declared by
proclamation under subsection (2) not to apply.
(2) The Governor may, by proclamation, declare that this Act, or any specified provision of this Act, does not apply to a specified apparatus or class of apparatus.
(3) The Governor may, by proclamation, vary or revoke a declaration under subsection (2).
(4) A proclamation under this section has effect according to its terms.
Crown bound 6. This Act binds the Crown.
7. (1) The provisions of this Act are in addition to and do not derogate from the |
provisions of any other Act.
(2) The provisions of this Act do not limit or derogate from any civil remedy.
Inspectors
8. (1) The person for the time being holding or acting in the office of Chief Inspector
of Industrial Safety, under the
Chief Inspector of Lifts and Cranes.
(2) The Governor may appoint a person to be an Inspector of Lifts and Cranes under
this Act.
(3) The Minister shall provide each inspector with a certificate of identification in a form approved by the Minister.
4 Lifts and Cranes Act,
(4) An inspector, when exercising powers or functions under this Act, shall at the request of a person affected by the exercise of those powers or functions, produce the certificate for inspection by that person.
Powers of inspectors
9. (1) An inspector may -
(a) for the purpose of determining whether a provision of this Act is being or has
been complied with, enter at any reasonable time into or upon and inspect
any premises or land or anything in or on the premises or land;
(b) for the purpose of determining whether a provision of this Act is being or has
been complied with-
(i) remove and examine or test anything or cause it to be examined or
tested;
(ii) require a person to answer a question (whether the question is put to
the person directly or through an interpreter);
(iii) require a person who has custody or control of any books, documents or records to produce any such books, documents or records for inspection;
(iv) copy and take extracts from any books, documents or records;
(v) require a person to produce for inspection any certificate, exemption
or notice granted or given to that person under this Act;
(vi) take photographs or films;
(c) where the inspector suspects on reasonable grounds that an offence against this Act has been committed, seize and retain anything that affords evidence of that offence, or in relation to which the offence is suspected of having been committed;arid
(d) give such directions as are reasonably necessary for, or incidental to, the
effective exercise of the powers of the inspector under this Act.
(2) In the exercise of powers under this Act, an inspector may be accompanied by of the premises or land the subject of the inspection shall provide such assistance as the | such other persons as may be necessary or desirable in the circumstances. |
inspector may reasonably require to facilitate the inspection. | |
(4) Where it appears to an inspector that the use of a crane, hoist or lift would be dangerous or that the provisions of this Act are not being complied with, the inspector may, by notice in writing- |
(a) give such directions to the owner of the crane, hoist or lift as may be necessary
to prevent the risk of injury or to ensure compliance with this Act;
and'
(b) require the owner to ensure that the crane, hoist or lift is not operated until thedirection has been complied with.
(5) An inspector may vary or revoke a notice under subsection (4) by a subsequent
notice.
(6) A person shall not hinder or obstruct an inspector, or a person accompanying an
inspector, in the exercise of powers under this Act.
Penalty: Division
(7) Subject to subsection(8), a person given a direction, or of whom a requirement is
made, under this section shall not refuse or fail to comply with the direction or
requirement.
Penalty: Division
(8) A person is not required to answer a question if the answer to the question would tend towards self-incrimination.
Approval of design and construction
10. (1) A person shall not construct, modify or install a crane, hoist or lift otherwise
than in accordance with the approval of the Chief Inspector.
Penalty: Division
(2 ) The Chief Inspector may, by notice in writing-
(a) approve the construction, modification or installation of a crane, hoist or lift,subject to such conditions, if any, as are specified in the notice;
(b) add to, vary or revoke the conditions of an approval under paragraph(a).
(3) The Chief Inspector shall not issue a notice under subsection (2) unless the person who intends to construct, modify or install the crane, hoist or lift has forwarded to the Chief Inspector-
(a) two copies of the plans, specifications, drawings and design calculations relatingto the crane, hoist or lift;
expert report on the |
adequacy of the design of the crane, hoist or lift;
and
(c) such other information in relation to the crane, hoist or lift as the ChiefInspector may require.
(5) The Chief Inspector shall not issue a notice under subsection (2) in relation to a crane or hoist referred to in subsection(3)(b) unless satisfied that the person who prepared the expert report required under that subsection had no pecuniary interest in the design, construction, modification or installation of the crane or hoist.
(6) A person who intends to construct, modify or install a lift shall, not more than28 and not less than
14 days before the actual commencement of the construction,modification or installation notify the Chief Inspector in writing of that intention.
Penalty: Division
5 fine.
(7) An approval to construct, modify or install a crane, hoist or lift in force under the
repealed Act immediately before the commencement of this Act, shall, subject to this
section, continue in force as if it were an approval given under this section.
6 Lifts and Cranes Act, 1985
Penalty: Division 5 fine. | |
(2) The owner of a crane, hoist or lift of a prescribed class may apply to the Director for its registration. | \ |
(4) Where due application is made for the registration of a crane, hoist or lift, the Director may register it subject to such conditions, if any, as the Director thinks fit. | |
(5) Notice in writing of a condition on which a crane, hoist or lift has been registered shall be given to the owner. | \ |
(7) The owner of a crane, hoist or lift registered under this section shall not contravene, or fail to comply with, a condition of the registration. Penalty: Division 5 fine. | |
(8) The Director shall not register a crane, hoist or lift until an inspector, after making an inspection of the crane, hoist or lift, has approved in writing of its operation. |
(9) The Director may cancel the registration of a crane, hoist or lift if-
(a) the owner requests cancellation of the registration;
(b) | a change occurs in the ownership of the crane, hoist or lift; |
(c) the crane, hoist or lift is removed from the State and is to be retained out of the
State for more than 12 months;
or
(d) | the owner fails to pay a fee prescribed by this Act. |
(10) Where a change occurs in the ownership of a registered crane, hoist or lift, notice in writing of the change must be given to the Director within 30 days after its occurrence. | ( |
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(11) Where notice of a change in the ownership of a crane, hoist or lift is not given as required by subsection (9), the previous owner and the new owner shall each be guilty of an offence. | |
Penalty: Division 5 fine. | |
(12) Where a registered crane, hoist or lift is removed from the State and is to be retained out of the State for more than 12 months, the owner shall give the Director notice | ( |
in writing of that fact. Penalty: Division 5 fine. | |
(13) A crane, hoist or lift registered under the repealed Act immediately before the commencement of this Act will be taken to be registered under this Act. |
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Duty in relation to the safe operation, etc., of a crane, hoist or lift 12. (1) If-
(a) a proper standard of care is not exercised in the operation of a crane, hoist or
lift;
(b) a crane, hoist or lift is operated while in an unsafe condition;or
(c) the operator of a crane, hoist or lift (not being a lift designed for operation by
the general public) has not received adequate training in its safe operation,
the owner of the crane, hoist or lift is guilty of an offence.
Penalty: Division 2 fine.
(2) A person who fails to exercise a proper standard of care in erecting, constructing,
modifying or maintaining a crane, hoist or lift is guilty of an offence.
Penalty: Division 2 fine.
(3) Where in proceedings for an offence against this section-
(a) iti$ alleged that a proper standard of care was not exercised in relation to the operation, erection, construction, modification or maintenance of a crane, hoist or lift;
(b) non-compliance with a provision of an approved code of practice relevant tothe subject matter of the charge is established,
it will be presumed, in the absence of proof to the contrary, that a proper standard of care
was not exercised.
Inspection of cranes, lifts and hoists
14. The owner of a crane, hoist or lift shall cause it to be inspected in such manner
and at such intervals as may be prescribed.
Penalty: Division 3 fine.
15. (1) Subject to subsection (2), a person shall not-
(a) operate a crane, hoist or lift if under the prescribed age;(b) cause or permit a person under the prescribed age to operate a crane, hoist or
lift.
Penalty: Division 5 fine.
(2) The Chief Inspector, if of the opinion that a crane, hoist or lift can be operated safely by a person under the prescribed age may grant an exemption from subsection (1) in respect of that crane, lift or hoist.
(3) The Chief Inspector may revoke an exemption granted under subsection (2).8 Lifts and Cranes Act,
1985
Certificates |
16. (1) Subject to the regulations a person shall not-
(a) operate a crane;or
(b) perform work of a kind prescribed by regulation,
unless the person-
(c) holds an appropriate certificate of competency;
or
(d) holds an appropriate provisional certificate of competency and is acting under
the immediate and personal supervision of a person who holds an
appropriate certificate of competency.
Penalty: Division 4 fine.
(la) A person shall not cause or permit another person to act in contravention of
subsection (1).
Penalty: Division
(2) Upon application in the prescribed form and payment of the prescribed fee, the Chief Inspector, if satisfied that the applicant-
examination;
and
(b) has complied with the conditions prescribed in relation to the grant of acertificate of competency,
may grant a certificate of competency to the applicant.
examination;
and
provisional certificate of competency,
may grant a provisional certificate of competency to the applicant.
(4) The Chief Inspector may, after due inquiry and for good cause, cancel or suspend a certificate of competency or a provisional certificate of competency under this section.
Accidents involving cranes, hoists or lifts
17. Where an accident occurs involving a crane, hoist or lift and as a result-
(a) a person is injured;or
(b) a structural member of the crane, hoist or lift is damaged,the owner of the crane, hoist or lift shall, within 24 hours, forward to the Chief Inspector a
written notice describing the circumstances surrounding the accident.
Penalty: Division
5 fine.
Approved codes of practice
17a. (I) The Minister may, by notice published in theGazette-
(a) approve a document, or a number of related documents, as a code of practicefor the purposes of this Act;
or
(b) vary or revoke an approved code of practice.(2) A notice under subsection (1)-
(a) will not be published except on the recommendation of the Chief Inspector;and
(b) will take effect on the date of its publication or some later date specified in thenotice.
(3) A copy of each approved code of practice must be made available for inspection by members of the public without charge.(4) An approved code of practice or the variation of an approved code of practice is subject to disallowance by Parliament.
(5) Every approved code of practice or variation must be laid before both Houses of Parliament within 14 days of notice of its approval being published in the
Gazette if Parliament is in session or, if Parliament is not then in session, within 14 days after the commencement of the next session of Parliament.
(6) If either House of Parliament passes a resolution disallowing an approved code of practice or a variation of a code of practice then the code of practice or variation ceases to
have effect. |
(7) A resolution is not effective for the purposes of subsection (6) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not all fall in the same session of Parliament) after the day on which the code of practice was laid before the House.
Review of decisions
18. (1) A person who is aggrieved by a decision under this Act of the Director, the Chief Inspector, or any other inspector, may, within the period of 7 days from the making of the decision, apply in writing to the Minister for a review of the decision.
(2) | The Minister, on receiving an application under subsection (I), may- |
(a) review the decision to which the application relates;or
(b) appoint a person to review the application.10 Lifts and Cranes Act,
1985
shall have |
power to affirm, quash or vary the decision in respect of which the application is brought.
(4) An application under subsection (I) does not suspend the operation of the decision in respect of which the review is sought.
Expert reports | ( |
19. (1) Where a person by whom an expert report is prepared for the purposes of this
Act-
(a) deliberately makes a false or misleading statement in the report;or
(b) is negligent in preparing the report, or in carrying out any inspection or other
necessary work on which the report is based, | ( |
that person shall be guilty of an offence.
Penalty: Division
(a) may require further expert reports to be provided;or
(b) may require an Inspector to make a report on the subject to which the expertreport relates.
Offences by bodies corporate
Summary offences
21. Proceedings for an offence against this Act shall be disposed of summarily.
Evidentiary provisions | |
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22. (1) In proceedings for an offence against this Act, an allegation in the
complaint-
(a) that any person named holds or held at a specified time a specified office;or
(b) that a specified authority was or was not in force at a specified time in relationto a specified person or specified apparatus,
shall, in the absence of proof to the contrary, be deemed to be proved.
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(3) In this section "authority" means any approval, registration, certificate, provisional certificate or exemption granted, issued or given under this Act.
Exemption by Director
23. (1) Subject to this section, on application to the Director for exemption from a provision of this Act, the Director may, by notice in writing, exempt the applicant from compliance with that provision.(2) An exemption granted under this section shall be subject to such conditions as the Director may specify in the notice of exemption.
(3) The Director shall not grant an exemption from compliance with a provision of this Act unless satisfied-
(a) that compliance with the provision is not reasonably practicable in thecircumstances;
and
(b) | that the granting of the exemption will not endanger the safety of any person. |
(4) The Director may, by notice in writing given to a person granted an exemption under this section, add to, vary, or revoke any conditions of the exemption.
(5) The Director may, after due inquiry and for good cause, by notice in writing given to a person granted an exemption under this section, revoke the exemption.
(6) A person who has been exempted from compliance with a provision of this Act and who contravenes, or fails to comply with, a condition of the exemption shall be guilty of an offence and liable to the penalty prescribed for contravention of the provision in relation to which the exemption was granted.
Service
24. A notice or other document required or authorized by this Act to be given to any person may be given personally or by post.
Regulations
25. (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2) Without limiting the generality of subsection (I), those regulations may-
(a) regulate the erection, construction, modification, installation, inspection,
maintenance and working of cranes, hoists and lifts; |
(b) | prescribe the plans, specifications, drawings and design calculations required in connection with the construction, modification and installation of cranes, hoists and lifts; |
(c) provide for the notification of accidents involving cranes, hoists and lifts;
(d) provide for the safety of persons in relation to the erection, construction,modification, installation, inspection, maintenance and working of cranes,
hoists and lifts;
(e) prescribe the fees to be paid-(i) for the inspection of plans, drawings and specifications;
(ii) in respect of any application under this Act;
(iii) in respect of any certificate granted under this Act,
being fees which may be of amounts that vary according to prescribed
factors;
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Lifts and Cranes Act, 1985
(f) | provide for the recovery of fees to be paid under this Act; |
(g) prescribe the form of any application, certificate, notice or other document
under this Act;
certificate of competency or a provisional certificate of competency; |
(i) provide for the training and examination of any applicant for, or holder of, a
certificate of competency or a provisional certificate of competency;
(jl provide for the inspection of cranes and hoists;
(k) | prescribe periodic fees to be paid in respect of registered lifts, cranes and hoists; |
(1) exempt, conditionally or unconditionally, any person or class of persons or any
lifting apparatus or class of lifting apparatus from any provision of this Act; | / |
and | i |
regulations.
(3) A regulation made under this section may-
force at a particular time, or as in force from time to time, of the Standards
Association of Australia or any other prescribed body;
(ab) confer discretionary powers on the Director or the Chief Inspector;and
(b) be of general or limited application according to the persons or classes of
persons to whom, or the apparatus or classes of apparatus, or the time, place
or circumstances, to which they are expressed to apply.
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APPENDIX 1 Legislative History
definition of "approved code of practice" inserted by 30, 1987, s. 3
amended hy 89,1988, Sched.
amended by 89,1988, Sched.
amended by 89.1988, Sched.
Section 12f1) and 12)
Section 1 3 '
Section 14:
Section 171
Section 17a:
Section 19jl]j | 3rncndcd | ||
Section 25 1. |
| ||
amended by 30,1987: s. 9 a amended by 30. 1987, s. 9{h{ |
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Lifts and Cranes Act, 1985
APPENDIX 2 Divisional Penalties
At the date of publication of this reprint divisional penalties are, as provided by section 28a of the
Division | Maximum imprisonment | Maximum fine |
15 years10 years
7 years4 years
2 years
1 year6 months
- | |
- - - |
0
0
0