Machinery Act 1949 (ACT)

Machinery Act 1949   

A1949-11

Republication No 10

Effective:  23 June 2021

Republication date: 23 June 2021

Last amendment made by A2021‑12

About this republication

The republished law

This is a republication of the Machinery Act 1949 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Machinery Act 1949

Contents

Page

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

3            Chief Inspector of Machinery  2

4            Inspectors of machinery  2

5            Determination of fees  3

7           Regulation-making power  3

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  10

5            Earlier republications  11

Machinery Act 1949

An Act relating to the installation, use, inspection and operation of machinery

1. Name of Act

   This Act is the Machinery Act 1949.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Chief Inspector of Machinery

   The work health and safety commissioner must appoint a public servant as the Chief Inspector of Machinery.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

2. Inspectors of machinery

   (1)The work health and safety commissioner may appoint a person to be an inspector for this Act.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   (2)The chief inspector is also an inspector.

3. Determination of fees

   (1)The Minister may, in writing, determine fees for this Act.

   NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

4. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

   (2)The regulations may make provision in relation to—

   (a)regulating the installation, use and operation of machinery; and

   (b)securing the safety of people and property from injury or damage arising out of the installation, use or operation of machinery; and

   (c)the registration, inspection and testing of machinery; and

   (d)requiring licences or certificates to be held for the installation, use, operation, inspection or testing of machinery, and the granting, suspension and cancellation of licences and certificates; and

   (e)the precautions to be taken to secure the safety of people employed at or in relation to machinery; and

   (f)the functions (including powers of entry) of the chief inspector and inspectors; and

   (g)prohibiting the employment of anyone younger than the prescribed age in relation to any prescribed machinery.

   (3)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Executive

·     Minister (see s 162)

·     work health and safety commissioner.

chief inspector means the Chief Inspector of Machinery under section 3.

inspector means an inspector under section 4.

machinery includes any machine, boiler, pressure vessel, engine, motor or source of motive power, and any shaft, belt, gearing, pulley, flywheel, lift, crane, contrivance or appliance operated by machinery.

Note 1A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Machinery Ordinance 1949 No 11 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   Legislation before self-government

   Machinery Act 1949 A1949‑11

   notified 13 October 1949 (Cwlth Gaz 1949 No 74)
   commenced 13 October 1949 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

   as amended by

   Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19 (as am by Ord 1967-36)

   notified 23 December 1966 (Cwlth Gaz 1966 No 109)
   commenced 23 December 1966 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

   Machinery (Amendment) Ordinance 1983 Ord1983‑29

   notified 29 September 1983 (Cwlth Gaz 1983 No S226)
   commenced 1 October 1983 (s 2)

   Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1

   notified 10 May 1989 (Cwlth Gaz 1989 No S160)
   s 1, s 2 commenced 10 May 1989 (s 2 (1))
   sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

   Legislation after self-government

   Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2

   notified 27 August 1993 (Gaz 1993 No S165)
   sch 2 commenced 27 August 1993 (s 2)

   Statute Law Revision (Penalties) Act 1994 A1994‑81 sch

   notified 29 November 1994 (Gaz 1994 No S253)
   s 1, s 2 commenced 29 November 1994 (s 2 (1))
   sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

   Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1

   notified 15 December 1994 (Gaz 1994 No S280)
   s 1, s 2 commenced 15 December 1994 (s 2 (1))
   sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

   Statute Law Revision Act 1995 A1995‑46 sch

   notified 18 December 1995 (Gaz 1995 No S306)
   sch commenced 18 December 1995 (s 2)

   Occupational Health and Safety (Amendment) Act 1997 A1997‑44 s 10, sch

   notified 19 September 1997 (Gaz 1997 No S264)
   s 10, sch never commenced and rep 2001 No 11 pt 4.3

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 234

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 234 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.64

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.64 commenced 12 April 2007 (s 2 (1))

   Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 10

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   pt 10 commenced 29 September 2009 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.98

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
   sch 1 pt 1.98 commenced 1 July 2011 (s 2 (1))

   Work Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.7

   notified LR 31 October 2019
   s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
   sch 1 pt 1.7 commenced 30 April 2020 (s 2 (1) and LA s 79)

   Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.34

   notified LR 9 June 2021
   s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
   sch 3 pt 3.34 commenced 23 June 2021 (s 2 (1))

1. Amendment history

   Name of Act

   s 1sub A2007‑3 amdt 3.354

   Dictionary

   s 2am A2001‑44 amdt 1.2738

   defs reloc to dict A2007‑3 amdt 3.355

   sub A2007‑3 amdt 3.356

   def this Act om A2001‑44 amdt 1.2737

   Notes

   s 2Ains A2007‑3 amdt 3.356

   Chief Inspector of Machinery

   s 3om 1993 Act No 44 sch 2

   ins A1994‑97 sch 1

   sub A2007‑3 amdt 3.357

   (2)-(4) exp 12 April 2008 (s 3 (4) (LA s 88 declaration applies))

   am A2011‑22 amdt 1.302; A2019‑38 amdt 1.14

   Inspectors of machinery

   s 4sub 1994 Act No 97 sch 1; A2007‑3 amdt 3.357

   (3)-(5) exp 12 April 2008 (s 4 (5) (LA s 88 declaration applies))

   am A2009‑19 s 55; A2011‑22 amdt 1.303; A2019‑38 amdt 1.15

   Power of Minister to determine fees

   s 4Ains Ord1983‑29

   om A2001‑44 amdt 1.2739

   Fees payable

   s 4Bins Ord1983‑29

   am Ord1989‑38 sch 1

   om A2001‑44 amdt 1.2739 sch 1

   Determination of fees

   s 5am Ord1966‑19 (as am Ord1967‑36); Ord1983‑29; Ord1989‑38 sch 1; A1994‑81 sch; A1994‑97 sch pt 1; A1995‑46 sch

   sub A2001‑44 amdt 1.2739

   Approved forms

   s 6ins A2001‑44 amdt 1.2739

   am A2007‑3 amdt 3.358

   om A2021-12 amdt 3.82

   Regulation-making power

   s 7ins A2001‑44 amdt 1.2739

   Dictionary

   dictins A2007‑3 amdt 3.359

   am A2011‑22 amdt 1.304; A2019‑38 amdt 1.16, amdt 1.17

   def chief inspector ins A1994‑97 sch pt 1

   reloc from s 2 A2007‑3 amdt 3.355

   def inspector ins A1994‑97 sch pt 1

   reloc from s 2 A2007‑3 amdt 3.355

   def machinery reloc from s 2 A2007‑3 amdt 3.355

2. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord1989‑38	30 June 1991
2	A1994‑97	28 February 1995
3	A1995‑46	30 November 1996
4	A2001‑44	4 January 2002
5	A2007‑3	12 April 2007
6	A2007‑3	13 April 2008
7	A2009‑19	29 September 2009
8	A2011‑22	1 July 2011
9	A2019-38	30 April 2020

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