Lifts Regulation Act 1908 (SA)

,4NNO OCTAVO

EDWARDI V11 REGIS.

A.D. 1908.

No. 949.

An Act to regulate the use of Passenger and other Lifts.

[Assen ted to, November rr th, 1908.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, 'I'his Act may be c i t d as the " Lifts ltegulation Act, lyO8," and shott title and

shall come into operation on the first day of	January, one thousand	Vie., Act 2048, 1904,
nine 'hundred and nine.	S. 2.

2. In this Act, except where the subject-matter or context Interpretation.

requires a different construction- Ihid., s. 2.

Chief Inspector " means the Chief Inspector appointed under

" The l~actories Act, 1907 ":

'' Inspector " means any inspector appointed under the last- .

mentioned Act, including the Chief Inspector:

'' Tift " means any apparatus or contrivimce within or attached to any building and driven or worked by the aid of gas, steam, hydraulic, electrical, or other power, or by hand, and con- structed for and used in raising or lowering persons and goods or 1)ersons or g o d s only, and iucludes the doors or entrances of or to n lift and any machinery used for driving or working

a lift:

" Owner, lessee, or occupier," where used in reference to a lift, means

any owner, lessee, or occupirr of the building in which such

lift is in operation:

" This Act " includes the regulations made under this Act.

A-949 3. (1) Within

2 8" EDWARDI VII, No. 949.

Lifts Regulation Act.-1908.

Notice of lifts to be

given. 3. (1) Within sixty days from the commencement of this Act the

owner, lessee, or sole occupier of a building in which there is a lift

ibid, 8. 3.	(except any lift worked by hand and exempted in writing by the Chief Inspector) shall lodge in the office of the Chief Inspector a notice in the form in the First Schedule to this Act or to the like effect.
(2) If after the expiration of such sixty days such a notice has not been filed i n respect of any building within or attached to which there is a lift, every owner, lessee, or sole occupier of such building shall be deemed guilty of an offence against this Act, and no lift shall be used or worked in such building by any owner, lessee, or occupier or other person whatever.

xotification of new 4. No person shall work or use any lift constructed or completed

lifts.	after the commencemclnt of this Act until at least one week fifter
Ibid., a. 4.	the owner, lessee, or occupier or some person on his behalf has lodged in the office of the Chief Inspector a notice in the form in the Second Schedule to this Act or to the like effect.

Entry by inspector. 5.

An inspector shall from time to time inspect all lifts constructed or used or in course of construction, and for that purpose may during working hours enter any building or premises, and shall, if required by the owner, lessee or occupier, sign and deliver to him n certificate certifying the result of such inspection.

Ibid., B. 6.

Inspector may give 6. (1) Where on inspecting a lift i t appears to an inspector that

directions, &c.	the use of such lift would be dangerous to human life or limb, or
Ibid., a. 6.	that the regulations under this Act are not being complicd with, he may give such directions in writing to the owner, lessee, or sole occupier as he thinks necessary in urder to prevent accidents, or to insure a compliance with such regulations; and such owner, lessee, or occupier shall, unless notice of' appeal is given as hereinafter provided, forthwith carry out such directions.

May order work to	(2) Where any inspector gives any directions he may at	- the same
ceam.

or at any other time order any persons forthwith to cease using the lift until such directions or any order on appeal therefrom has been complied with.

B ~ b G o n o f orders. (3) Any order of an inspector may a t any time be rescinded by

him.

~ p p e a ~ from (4) The owner, lessee, or sole occupier may, on giving notice to the inspector within twenty-four hours (Sundays and public holidays not included) after such directions have been given, appeal in person

inspector.

to the Engineer-in-Chief or any person deputed by the Engineer-in-

Chief to hear such appeal, The said Engineer-in-Chief or person shall hear and determine such appeal with all reason~ble dispatch, and for such purpose shall have all the powers of a board or com- mission appointed or issued by the Governor, and shall by order in writing affirm, vary, or rescind such directions.

8" EDWARDI VII, No. 949.

Lifts ReguZath A&.-1908.

(5) Any person who- Offence.

( a ) Refuses or fails to comply with any direction given to him by an inspector in pursuance of this section or any order on appeal therefrom, or

( b ) Refuses or fails to comply with any order given to him by an

inspector in pursuance of this section to cease to use a lift,

shall be guilty of an offence against this Act.

(6) Any owner, lessee, or sole occupier of a building not primarily Expenaea incurred by direction of inspector

liable for the condition of a lift, and to whom an inspector has given re,o,,red

in certain

directions in writing as hereinbefore provided in respect of such lift, cases.

and who carries out such directions and has thereby incurred any

expense, shall be entitled to recover, before any Special Magistrate

or two Justices of the Peace or by action in any Court of competent

jurisdiction, from the person primarily liable or from the person to

whom he is liable to pay rent, or to deduct from any rent payable or

to become payable by him, the amount so paid by him. The pro-

duction of the receipts for such payments so paid by such lessee or

occupier shall, on payment of rent or rent becoming payable, be a

good and sufficient discharge for the amount so paid.

(7) Where such directions in writing have been so given to any penons carryingout directions of Inspector

owner, lessee, or sole occupier not liable except for this Act for the

condition of such lift the production of such directions in writing proceedings.

shall be a bar t o any proceedings at law by any person whoinsoever

against such owner, lessee, or occupier for carrying out such

directions.

7, No lift shall be worked or taken charge of by any pzrson under working of lift8 by young persona.

eighteen years of age; and such person working or taking charge of Ibid., e. 7, altered.

any lift and any person employing him so to- do shall each be

guilty of an offence against this Act.

8. (1) Any lift may be closed for repairs, and a notification to Closing of lifts for repairs.

floor, and if intended to be closed for at least twenty-four hours a

that effect shall be posted conspicuously on or near such lift on each

notification to the same effect, and setting forth the repairs necessary and proposed to be effected, shall be sent to the Chief Inspector by the owner, lessee, or occupier of the building in which such lift is situate.

(2) After such notification no owner, lessee, or occupier shall be liable to be prosecuted under this Act for the defectiveness, unsound- ness, or want of conformity of such lift with the provisions of this Act during the time the lift is so closed for repairs,

(3) When the repairs have been executed and the operation of the

lift has been resumed the same shall forthwith be notified by the

owner, lessee, or occupier to the Chief Inspector.

g. The provisions of this Act are in addition to, and not in sub- Application of ~ c t.

stitution for, any provisions of The Factories Act, 1907."

10, (l) The

8' EDWARDI VII, No. 949.

Lifts Repclation Act.-1908.

Regulations as to	10. (1 1 T ~ P	Governor may make regulations not inconsistent with
lift8 inspection, &c.

Ibid., B. 9, altered. this Act prescribing all matters which by this Act are required or permitted to be prescribed, or which may be necessary or convenient to be prescribed for giving effect to this Act; and in 'particular, but without limiting the generality of this section-

(a) As to the construction, inspection, and working of lifts; and

( b ) Prescribing the fees; to be charged by inspectors to owners, lessees, or occupiers of buildings for each inspection, and for certificates of inspection if required. All such fees shall be paid into the General Revenue, and may be recovered in a summary way by any inspector.

(2) All such regulations when made by the Governor shall be published in the Government Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within fonrteen days after such publication if Parliament is in Session, and if not then within fourteen days after the commencement of the next Session.

Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of either House of Parlia- ment within thirty days after such regulations shall have been laid before Parliament, if Parliament shall be so long in Session: Pro- vided that if Parliament shall not be in Session for thirty days after such regulations shall havc been laid before it, then no regula- tion shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commence- ment of the next Session of Parliament.

Regulations un-

challengable unlees 11, (l) Any person desiring to dispute the didit ,y of a regula-

uaahed by Gupreme	tion may apply to the Supreme Court upon aftidavit for a rule call-
(eourt .	ing upon the Chief Inspector to shorn cause why such regulation
Cf. Act 945, 1907,	should not be quashed, either wliolly or in l~art, for the illegality
e. 142.
thereof.
(2) The said Court may make absolute or discharge the said rule with or without costs.
(3) All regulations, unless and until so qusshed, shall havc the like effect as if enacted in this Act.
(4) No regtlletion shall be challrnged or disputed in any other manner.

Evidenco of regula- 12, The G'ovcr l l n w t t Gaxt ite purporting to contain an) rcsula-

tions.

tion shall be evidence of the contents of such regulation, and tlmt

the same 17 as duly made and published and is in force.

Offeneee. 13, (1) Any person who interferes with or obstruc,ts any inspector

Ibid., a. 10, altered. in the execution of any power or duty conferred or imposed on him by this Act, or who does anything forbidden by this Act, or who omits to do anything required by this Act, shall be guilty of an offence against this Ad. (2) Any

8" EDWARDI VI1, No. 949.

Lifts Regulation Act. -1908.

(2) Any person upon conviction of an offence against this Act &all be liable for a first offence to n penalty of not less than Two Pounds nor more than Twenty Pounds, or to be imprisoned for any term of not more than ten days, and also for each day such offence is continued after conviction therefor to a further penalty of not more than Two Pounds or imprisonment for not more than two days, and for every subsequent offence to a penalty of not less than Five Pounds nor more than Fifty Pounds, or to be imprisoned for any term of not more than twenty-five days, and also for each day such subsequent offence is continued after conviction therefor to a further penalty of not more than Five Pounds or imprisonment for not more than five days.

14, In any proceedings under this Act the onus of proof that any Evidence.

person, firm, or company is not the owner, lessee, or sole occupier of Ibid., 8. 10.

a building in which a lift is in operation, or that any person is not

under eighteen years of age, shall be on the defendant.

15, All proceedings in respect of offences against this Act shall Procedure-

be by complaint or information, and shall be heard and determined in a summary way before any Special Magistrate or any two Justices of the Peace, under Ordinance No. 6 of 1850, and Act No. 298 of 1883-4, or any Act for the time being in force relating to the duties of Justices of the Peace as to srimmary proceedings. Such Magistrate or Justices may make anv order as to costs which he or they think fit. All convictions andorders made by such Magistrate or Justices may be enforced as provided in the said Ordinance or in any other Act.

16, There shall be an appeal from any decision of any Special Appeal.

Magistrate or Justices to the Local Court of Adelaide of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance, No. 6 of 1850, and the said Act, No 295 of 1883-4, or any Act for the time being in force relating to appeals to such Local Court. The Court on such appeal may make any order as to costs which it thinks fit,

although such costs exceed Ten Pounds.

17. (1) The Local Court may state a special case for the opinion special case.

of the Supreme Court.

(2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and i n the Courts below, as to the said Supreme Court appears just.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUN'L'E, Governor.

B-949 SCHEDULES.

EDWARDI No. ---

Lifts Regulation Act.-1908. p-

SCHEDULES.

FIRST SCHEDULE.

" Lifts Regulation Act, 1908."

Notice o f L i f t in Operation.

Take notice that there is on the premises [describe premises] a lift $more than one

Zqt, slate how m a n y and in what parts o f h i l d i n g they are sztuaterl	f
.

Dated at this day of 19 .

[Signed] A.R., owner (lessee or occupier, o r on behalf of

owner, &c. [stating his name] ).

To the Chief Inspector of Factories, Adelaide.

SECONL) SCHEDULE.

" Lifts Regulation Act, 1908."

Notice of Lifi i n C'onstruction.

Take notice that there has been, or is being, constructed on the premises [describe

premises] a lift [if more than one l i f t, sfccte how m a n y and i n what parts o f building	they are si tuated], which will be worked on and Jrom the [here insert date not earlier
than one week f rom date uj 'notice].

Dated at this day of 19 .

[S igned] A.B., owner (lessee or occupier, or on behalf of

owner, &c. [stating his name j ).

To the Chief Inspector of Factories, Adelaide.

p-- - - . - - - -- - -

By authority, C. E. BHIATOW, Government Printer, North Terrace.

-4delaide