Machinery Safety Act 1974 (WA)

WESTERN AUSTRALIA.

MACHINERY SAFETY.

No. 74 of 1974.

AN ACT to provide for the safe design, construction, installation, and operation of machinery, for the inspection of machinery and the conditions under which it is used, and for the safety of persons; to repeal the Inspection of Machinery Act, 1921-1969; and for incidental and other purposes.

[Assented to 10th December, 1974.1

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Machinery Short title.

Safety Act, 1974.

No. 74.]

Machinery Safety.

[1974.

Commence-

The several provisions of this Act shall come into operation on such dates respectively as may be fixed by proclamation in relation to each of those provisions.

ment.

Arrange-

ment.

The arrangement of this Act is as follows

PART I.—PRELIMINARY, ss. 1-8;

PART IL—ADMINISTRATION, ss. 9-10;

PART III.—REGISTRATION AND CERTIFICATION,

ss. 11-21;

PART IV.—INSPECTION, ss. 22-34;

PART V.—CERTIFICATES OF COMPETENCY, ss. 35-52;

PART VI.—APPEALS, ss. 53-55;

PART VII.—SAFETY PROVISIONS, ss. 56-68;

PART VIII.—ACCIDENTS, ss. 69-74;

PART IL—RURAL MACHINERY, ss. 75-77;

PART X.—ENFORCEMENT AND REGULATIONS, ss.

78-88.

SCHEDULE.

Repeal and

savings.

4. (1) The Acts specified in the Schedule to this

Act are hereby repealed.

(2) Without limiting the operation of the pro- visions of the Interpretation Act, 1918, it is hereby declared that the repeal of any Act by this Act does not affect any document made or any thing done under the Act so repealed, and each such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act, and as if that provision had been in force when the document was made or the thing was done.

1974.1

Machinery Safety.

(No. 74.

(3) Without affecting the generality of subsection (2) of this section, until regulations are made under this Act, the regulations made under the Acts repealed by this Act, and in force at the time this Act comes into operation, shall apply, so far as applicable, to persons, acts, circumstances and things under this Act, as if those regulations were made under this Act.

5.	This Act binds the Crown.	Act binds
the Crown.

6. (1) In this Act, unless the contrary intention atf preta-

appears

"Board of Reference" means a Board consti- tuted to hear appeals pursuant to section 54;

"boiler" means any vessel in which for any purpose steam or vapour is generated or is intended to be generated or water or other liquid is heated or intended to be heated, at a pressure above that of the atmosphere, by the application of fire, the products of combustion, or electrical means; the term includes any economiser or superheater or any feed, blowdown, mountings, fittings, connections or ancil- lary plant or apparatus necessary for the efficient and safe working of a boiler, including distribution pipelines; but the term does not include a fully flooded system or pressurised system where the water is or is intended to be heated to a temperature less than ninety-nine degrees celsius;

"certificate of competency" means a certificate granted by the Chief Inspector pursuant to section 39, but where a certificate is endorsed with a reference to any restric- tion, limitation or condition means the certificate as so subject;

"certificate of inspection" means a certificate

granted by the Chief Inspector under sec-

tion 16, but where a certificate is endorsed

No. 74.]

Machinery Safety.

(1974.

with a reference to any restriction, limi- tation or condition means the certificate as so subject;

"certificate of registration" means a certificate granted by the Chief Inspector under section 13, but where a certificate is endorsed with a reference to any restric- tion, limitation or condition means the certificate as so subject;

"Chief Inspector" means the person appointed or deemed to be appointed Chief Inspector of Machinery under this Act;

"classified machinery" means a boiler, pressure vessel, crane, lift, escalator, or other machinery classified by the Chief Inspector under section 11 as machinery which shall not be used or operated unless there is in force in relation thereto a valid certificate of inspection;

"conveyor" means a mechanical contrivance driven by power and used or designed for raising, lowering or transporting any load, and includes an endless belt, rope or chain, rotating screw, or similar contrivance and

any equipment associated with the opera-

tion thereof; but the term does not include

a crane, hoist, lift, or escalator;

"crane" means a structure equipped with mechanical means for moving or placing a load by raising, lowering or transporting it, and includes machinery or associated lifting apparatus necessary for its operation and the supporting structure and foundations; but the term does not include a hoist, lift, escalator, or conveyor, or any earthmoving machinery other than an excavator equipped with a jib or boom;

"escalator" means a power driven inclined continuous stairway used for raising or lowering passengers and includes a moving walkway or moving ramp;

1974.1

Machinery Safety.

[No. 74.

"fence" means any form of protective device designed to prevent bodily injury and includes a guard or guard rail;

"hoist" means any mechanical contrivance, other than a crane, lift, escalator, or conve- yor, the principal function of which is the raising or lowering or conveying of men, goods, or materials; the term includes men and materials hoists and builders' hoists of every kind and all the equipment associated with the operation of a hoist, whether detachable or not, and any part of the structure or supporting structure which is stressed by the hoist under working condi- tions;

"inspector" means a person appointed or deemed to have been appointed as an inspector of machinery under this Act and includes the Chief Inspector and any person appointed for the time being to perform the whole or any part of the duties of an inspector;

"internal combustion engine" includes a com- pression ignition engine, a gas engine and a gas turbine;

"lift" means any machinery, not being a hoist or machinery used for constructing raises in a mine, having an enclosed platform or cage the direction or movement of which is restricted by a guide or guides, and which is used or capable of being used for the purpose of raising or lowering men, goods, or materials; the term includes all machinery, supports, enclosures, and asso- ciated equipment, whether detachable or not, used for the purpose of operating the lift;

"locomotive" means a vehicle propelled by its own motive power and running on rails, which is used primarily for the haulage of wagons or other rolling stock; but the term

No. 74.]

Machinery Safety.

11974.

does not include a special vehicle used solely for the maintenance or inspection of the rail tracks, and which does not haul other rolling stock;

"machinery" means any boiler, pressure vessel, engine, motor, crane, conveyor, hoist, lift, escalator, machine, gearing, or mechanical appliance constructed of any material and worked or capable of being worked by any kind of power, and any supporting structure stressed by its operation;

"owner", used in relation to machinery, means the person to whom it belongs or the hirer, lessee, borrower, bailee, or mortgagee in possession, thereof and includes any attor- ney, agent, manager, foreman, supervisor or other person in charge of, or having control or management of, that machinery;

"place" means any structure or area, enclosed or otherwise, whether above or below ground, wherein or whereon any machinery is erected, or is being erected, kept, used, worked, or is in operation; and without limiting the generality of the foregoing interpretation, the term includes any road, street, house, or building, and any ship, raft, punt, hulk or boat not propelled by its own motive power, wherein or whereon any machinery is erected, or is being erected, kept, used, worked or is in operation;

"pressure vessel" means any closed vessel, or vessel open to the atmosphere, not being a vessel heated by the application of fire or the products of combustion or electrical means, and which is a vessel subject or intended to be subjected to a pressure greater than atmospheric pressure, includ- ing pressure due to static head, by liquid, steam, air, vapour, gas or gaseous sub- stance; the term includes all mountings,

1974.1

Machinery Safety.

[No. 74.

fittings, pipelines and ancillary equipment associated with the vessel for safe opera- tion; but the term does not include

(a)	a receptacle commonly known as a pressure pack, or a pipeline con- structed under the provisions of any other Act; or
(b)	a compressed air line, a water line, or a pneumatic loader of explosives when used in a mine;

"record" includes any document, drawing, form, specification, certificate, report, film or information which is required to be pro- duced to an inspector;

"rural employee" includes all persons employed in rural industry other than those persons who have an ownership interest in the major capital holding of a rural industry, and for the purpose of this provision a person who is granted a part share in a rural industry under the terms of his employment and who relinquishes that share upon termination of his employment shall not be taken to have an ownership interest;

"rural industry" means any industry in which persons are engaged for hire or reward, whether as employees or otherwise,

(a)

upon any farm, orchard, vineyard, agricultural holding or pastoral hold- ing in connection with dairying, poultry farming, bee farming, or the sowing, raising, harvesting or treat- ing of grain, fodder, sugar cane, fruit, cotton, or other crop or farm produce, whether grown for food or not, or the management, rearing or grazing of horses, cattle, sheep or other live- stock, or the shearing or crutching of sheep, or the classing, scouring,

No. 74.]

Machinery Safety.

[1974.

sorting or pressing of wool, upon any farm or station, or at any other farm or station work; or

(b)	in flower or vegetable market gardens or nurseries; or
(c)	at clearing, fencing, trenching, drain- ing, or otherwise preparing land for any purpose hereinbef ore mentioned;

"rural machinery" means machinery used within a rural industry but does not include any boiler, crane, hoist, steam engine or pressure vessel;

"section" means section of this Act;

"serious bodily injury" means an injury that is

likely to incapacitate the person suffering the injury from working at his ordinary occupation and earning his usual rate of remuneration for a period of three days or more;

"steam engine" includes a steam turbine;

"the repealed Acts" means the Acts referred to

in section 4;

"the Under Secretary" means the person holding the office of Under Secretary in the Department of Labour and Industry in the Public Service of the State, or, if at any time there is not an office of that name, the person for the time being occupying the office substituted therefor;

"to erect" includes to manufacture, to construct, to set up, to set or place in position, to instal, and similar connotations;

"winding engine" means any engine used for raising or lowering men or materials in any vertical or inclined shaft on any mine, sewerage or other works, and whether erected on the surface or underground;

"working conditions", used in relation to the

state of machinery, includes any conditions

where machinery is subject to stresses or

1974.]

Machinery Safety.

[No. 74.

capable of being subject to stresses by virtue of its operation or readiness for operation.

(2) In this Act a reference

(a)	to a failure to do any act or thing, includes a reference to a refusal or neglect to do that act or thing;
(b)	to the contravention of any provision, term or condition includes a failure to comply with, observe or carry out that provision, term or condition.

(3) Where a meaning is assigned to any term by this section cognate expressions used in this Act, unless a contrary intention appears, have a cor- responding meaning.

7. (1) Subject to the provisions of this section, Agar-

section 35 and section 75, this Act applies to

machinery of every kind.

(2) Unless the context or a specific provision otherwise requires, this Act does not apply to machinery of the kind referred to in this subsec- tion namely

(a)	machinery driven by treadle, wind, or animal power;
(b)	machinery driven by hand, not being a crane designed for loads exceeding one tonne;
(c)	machinery driven by an electric motor of which the power is less than 0.75 kilowatts, not being a self contained hoist or lift;
(d)	rural machinery, other than as required under Part IX of this Act;
(e)	machinery driven by an internal combus- tion engine, or by electricity, used exclu- sively by a miner or prospector in the pursuit of his calling and on which no labour for reward is employed;

No. 74.]

Machinery Safety.

[1974.

(f)	traction machinery, not being a locomotive, used solely for traction purposes and driven otherwise than by steam;
(g)	machinery used or intended to be used on or employed in the operation of Govern- ment railways under the control of the Commissioner of Railways;
(h)	machinery used exclusively for domestic purposes;

(i) any motor vehicle, launch or boat driven or propelled by an internal combustion engine or steam or electricity, not being a motor vehicle driven by steam and used for carrying passengers or goods for reward;

(j)	machinery used or intended to be used on any ocean going ship or steamship;
(k)	any machinery of any floating crane, barge or similar kind of marine craft not directly driven or propelled by motive power and which is subject to the provisions of the

Act No. 72

of 1948.

Western Australian Marine Act, 1948; and

(1) such other machinery as is prescribed.

Exemptions.	(3) The Governor may by Order in Council declare that this Act, or any provision of this Act specified in the Order, shall not apply to any machinery or class of machinery of a kind specified in the Order, and may by subsequent Order in Council from time to time amend, vary or revoke such Order in Council.
(4) The provisions of this Act shall not be con- strued as limiting or affecting the provisions of any other Act the administration of which has been placed under the control of the Minister responsible for mining matters.

1974.]

Machinery Safety.

[No. 74.

8. Where the Minister is satisfied that any fitent0.11

machinery

(a)	is owned by a charitable institution or organisation; or
(b)	is used solely for the purpose of education or instruction,

he may, by notice in the Gazette, grant, to any person who would otherwise be liable to pay any application, registration, inspection, or other fee under this Act in relation to that machinery, an"This Act"	includes
exemption from that liability.	regulations. See s. 4 Act No. 30 of
1918.

PART IL-ADMINISTRATION.

Administra-

tion.

9. (1) This Act shall be administered by the

Minister, and subject to any direction of the Minis- ter, by the Under Secretary.

(2) The costs and expenses incurred in the administration of this Act shall be defrayed out of moneys to be provided by Parliament for that purpose.

(3) To assist the Minister in the administration of this Act there shall be a Board, to be called the Machinery Safety Advisory Board, which shall consist of

(a)	the Under Secretary, who shall be Chair- man; and
(b)	two other members appointed by the Governor for a term of five years and eligible to be re-appointed on the expiration of their term of office.

No. 74.]

Machinery Safety.

[1974.

(4) The members of the Board appointed by the Governor shall be persons who have indicated in writing their willingness to act as a member of the Board of whom

(a)	one shall be selected on the joint written nomination of the bodies respectively known as the Western Australian Em- ployers' Federation (Incorporated) and The West Australian Chamber of Manu- factures (Incorporated) to represent the owners of machinery to which this Act applies; and
(b)	one shall be selected on the written nomination of the body known as The Trades and Labor Council of Western Australia to represent employees engaged in work with or on machinery to which this Act applies.

(5) The Governor may appoint a person selected and nominated in the like manner to act as the deputy of an appointed member of the Board while that member is incapacitated by illness or other sufficient cause from performing the duties of his office, and a reference in this section to a member shall be construed as including a reference to a deputy acting in the place of that member.

(6) If after the expiration of thirty days, or such longer period as the Minister may allow, following the written request of the Minister so to do a body having the right to nominate an appointed member has failed to submit a nomination, the Minister may recommend for appointment such person as he thinks fit.

(7) The Chairman of the Board

(a)	may at any time convene a meeting of the Board;
(b)	shall preside at all meetings at which he is present; but

1974.]

Machinery Safety.

[No. 74.

(c)	may appoint in writing some other person to attend and act in his place at any meeting and that person, when so acting, shall for all purposes be deemed to be the Chairman.

(8) If a member of the Board ceases to hold office before the expiration of the period of his appointment another person may, in accordance with this section, be appointed in his place for the remainder of that period.

(9) If a member of the Board other than the Chairman

(a)	is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy;
(b)	is absent, except on leave granted by the Board, from three consecutive meetings of the Board;
(c)	resigns his office by writing under his hand delivered to the Minister; or
(d)	has his appointment terminated by the Governor for inability, inefficiency or mis- behaviour,

his office becomes vacant and he is not eligible for

re-appointment.

(10) Each member of the Board shall be paid

such fees or remuneration and such travelling and

out of pocket expenses as the Minister may approve.

(11) No question shall be decided by the Board unless the three members of the Board are present at the meeting when the question is being decided, but the question may be decided by a majority of the votes of the members voting.

No. 74.]

Machinery Safety.

[1974.

(12) With the consent of the Minister administer- ing that department, the Board may co-opt the services of any person employed in a department of the Public Service of the State upon such terms as may be agreed between that Minister and the Minister.

(13) The Board shall in relation to any machinery to which this Act applies

(a)	collaborate with organisations of employers and owners of machinery, and of employees, and with authorities and bodies engaged in technical research;
(b)	investigate and report on any question referred to the Board by the Minister relating to machinery safety matters;
(c)	investigate and make recommendations to the Minister with regard to all measures necessary for securing the safety of persons engaged in work with, on or in the vicinity of that machinery, including-

(i) the prevention or diminution of noise;

(ii) the prevention of accidents;

(iii) the supply and use of protective clothing and protective equipment;

(iv)	the making, amending or revoking of regulations; and

(d)	carry out such other functions as may be prescribed.

1974.1

Machinery Safety.

[No. 74.

(14) The Board, or any member of the Board who is authorised in writing by the Chairman so to do, may at any reasonable time exercise the right of an inspector to enter upon any place or premises for the purposes of inspection, examination and inquiry and in relation thereto shall enjoy the like protection from liability.

Annual re-

10. The Under Secretary shall make, in each

port as to

administra-

year, a written report to the Minister as to the	tion of the
administration of this Act, and the report shall	Act.
be made before the first day of October in each year.

PART M.-REGISTRATION AND CERTIFICATION.	Registra-
tion.

11. (1) The prescribed particulars of all machinery to which this Act applies shall be entered in a Register to be maintained by the Chief Inspector.

(2) At the time of the first entry of the particu- lars relating to any machinery in the register the Chief Inspector shall determine whether it is to be treated as

(a)	classified machinery, being a boiler, pres- sure vessel, crane, lift, escalator or other machinery which shall not be used or operated unless there is in force in relation thereto a valid certificate of inspection; or
(b)	machinery in relation to which no certi- ficate of inspection is required.

(3) The registration of classified machinery does not require renewal and continues in force for so long as a valid certificate of inspection in relation thereto continues in force, but no longer.

No. 74.]

Machinery Safety.

[1974.

(4) The registration of machinery in relation to which no certificate of inspection is required con- tinues in force from the date on which the registra- tion is effected

(a)	for such period, being a period of not more than eighteen months, as the Chief Inspector enters in the Register; or
(b)	until sooner suspended or cancelled by an inspector in accordance with the provisions of section 32.

(5) The Chief Inspector shall give notice in writ- ing to the owner of any machinery registered

(a)	as to whether it is to be treated as classi- fied machinery; or
(b)	as to the date of the expiry of the period of registration effected in relation thereto.

Applica-

tions.	12. (1) An application for the registration of any machinery under this Act, or for the renewal of a registration, shall be made by the owner to the Chief Inspector in the prescribed manner accompanied by the prescribed fee.
(2) If the machinery on the date of coming into operation of this section is not in or on a place or premises in respect of which the owner is registered as occupier under the Factories and Shops Act, 1963, and was immediately prior thereto the subject of a valid certificate of inspection issued under the repealed Acts,

(a)	no application for registration under this Act is required from the owner; and
(b)	the Chief Inspector shall enter the pre- scribed particulars in the Register and shall notify the owner in writing that the entry has been effected.

1974.]

Machinery Safety.

[No. 74.

(3) If the machinery on the date of coming into operation of this section is in or on a place or premises in respect of which the owner is registered as the occupier under the Factories and Shops Act, 1963, the owner shall apply for registration of the machinery under this Act on the occasion of the next application for the renewal of the registration under that Act.

(4) If the provisions of subsection (2) or sub- section (3) of this section do not apply to any machinery, the owner of that machinery shall apply for registration of it under this section

(a)	within three months of the date of coming into operation of this Act; or
(b)	within fourteen days of becoming the owner of it; or
(c)	if the machinery was previously classified machinery, within fourteen days of it ceas- ing to be classified machinery,

whichever is the later.

(5) Subject to this Act, a renewal of the registra- tion of any machinery on or before the date of expiry continues that registration in force for the period entered in the Register at the time of renewal, and so on accordingly.

13. (1) The Chief Inspector, upon being satisfied :reigagr

that the requirements of this Act as to any applica- ratzt"

tion for registration or for the renewal of a registra-

tion and for the payment of the prescribed fees have mag: 30

been complied with, and that there are no grounds

upon which the application ought to be refused,

shall enter the prescribed particulars in the Register

and shall return to the owner one copy of the applica-

tion form, endorsed with a receipt for the payment

of the prescribed fees, by way of a certificate of

registration.

(2) The Chief Inspector may, in writing, at any

time after the receipt of an application for the

registration of, or for the renewal or amendment of

No. 74.]

Machinery Safety.( 1974.

a registration in respect of, any machinery, require the applicant to furnish him with additional information.

(3) Particulars of any limitation, restriction or condition to which in the opinion of the Chief Inspector the registration ought to be made subject shall be entered in the Register and may be endorsed on the certificate of registration.

Refusal of,

Where the Chief Inspector refuses an applica- tion for registration, or renewal of registration, or for the amendment of a registration, or makes any registration subject to a limitation, restriction or condition, he shall notify the applicant, in writing, and the notification shall be accompanied by a written statement of the grounds upon which the decision was made.

and condi-

14.

tional regis-

tration.

Offences as

(1) The requirement that any machinery be registered under this Act commences on the date specified in relation thereto by section 12 and remains in force for so long as that machinery is capable of being used.

to registra-

15.

tion.

(2) A person who uses or operates any machin- ery liable to be registered under this Act

(a)	which is not so registered; or
(b)	otherwise than in accordance with any limitation, restriction or condition that is entered in the Register in relation thereto,

commits an offence, unless he has been authorized

in writing by an inspector so to do.

Certification

procedure.

16. (1) Where an application is made for the

grant or renewal of a certificate of inspection in relation to classified machinery and the Chief Inspector is satisfied

(a) that a notice giving directions to stop the use or operation of the machinery is not required; and

1974.]

Machinery Safety.

[No. 74.

(b) that the machinery is safe for the purpose

intended,

he shall, on payment of the prescribed fee, grant to the owner a certificate of inspection in the pre- scribed form.

(2) A certificate of inspection may be granted subject to any limitation, restriction or condition which the Chief Inspector thinks necessary and endorses thereon.

(3) A certificate of inspection continues in force from the date of issue

(a)	for such period, being a period of not more than eighteen months, as the Chief Inspec- tor considers appropriate and endorses on the certificate; or
(b)	until sooner suspended or cancelled by an inspector in accordance with the provisions of section 32.

(4) A certificate of inspection issued under the provisions of the repealed Acts and still in force shall be deemed to have been granted under this Act.

17. (1) Where any machinery to which a certi- ficate of inspection relates has not been inspected	Renewal of
certificate of
inspection.
and the certificate of inspection would otherwise expire within twenty-eight days the owner of the machinery may apply in writing to the Chief Inspector for the issue of a further certificate by way of renewal.
(2) An application for the renewal of a certificate of inspection shall be accompanied by a statement signed by the owner of the machinery specifying

(a) whether any and what repairs, alterations or additions have been made in or to the machinery since the date of issue of the certificate of inspection then in force;

No. 741

Machinery Safety.

[1974.

(b)	whether any and what stoppages have occurred and the reasons attributed for them; and
(c)	whether or not the owner is satisfied that the machinery is in a safe condition and fit to be safely used for the purpose for which it is intended.

Ref

axtdusal of.

18. Where the Chief Inspector refuses an appli-

=Cation. cation for the grant or renewal of a certificate of

inspection, or grants a certificate subject to a limi-

tation, restriction or condition, he shall notify the

applicant, in writing, and the notification shall be

accompanied by a written statement of the grounds

upon which the decision was made.

Offences as

to certifi-	19. (1) Where, during the period of twenty-
cates.

eight days immediately following the expiry of the last certificate of inspection in relation to any machinery, a person would otherwise be liable for an offence against this section it is a defence for him to show

(a)	that no direction or order in respect of that machinery had been issued under section 30; and
(b)	that an application for the renewal of the certificate had been made and that he had received no notice of refusal.

(2) Subject to subsection (1) of this section, a person who-

(a)	owns any classified machinery which is capable of being used; or
(b)

uses or operates any classified machinery, without there being in force a valid certificate of inspection in relation thereto, commits an offence, unless he has been authorized in writing by an inspector so to do.

1974.]

Machinery Safety.

[No. 74.

(3) A person who uses or operates any classified machinery otherwise than in accordance with any limitation, restriction or condition that is endorsed on the certificate of inspection in relation thereto commits an offence, unless he has been authorized in writing by an inspector so to do.

20. (1) Subject to subsection (2) of this section, ZIA= and

movements

where the owner of any machinery,—

to be not/-

fled.

(a)	sells, leases, hires or otherwise deals in that machinery; or
(b)	transfers any such machinery to another location,

he shall give notice specifying the particulars of that transaction or movement to the Chief Inspec- tor.

(2) The provisions of this section do not apply

(a)	machinery designed for mobile use which is transferred from one place to another on hire or otherwise but is from time to time returned to the owner for inspection and maintenance; or
(b)	classified machinery in a mine or used in a petroleum drilling operation.

(3) For the purposes of this section a person shall -

be taken to deal in machinery if he, for or in the expectation of any remuneration or reward, parts with, transfers or confers a right to the use of that machinery.

(4) The Chief Inspector may, in writing, at any time after the receipt of a notice given under sub- section (1) of this section. require the owner to furnish him with additional information.

No. 74.]

Machinery Safety.

[1974.

Notice of

permanent	21. The owner of any boiler, pressure vessel,
cessation of

use.

crane, lift, escalator or other classified machinery shall give notice in writing to the Chief Inspector within twenty-eight days of the machinery per- manently ceasing to be capable of being used.

PART IV.-INSPECTION.

Inspection

of machin-	22. All machinery, whether classified machin- ery or otherwise, may be inspected at any time if an inspector considers it to be necessary in the interests of safety.
ery.
Inspectors.

(1) There may, from time to time, be appointed under the Public Service Act, 1904, such number of inspectors of machinery as the Minister considers necessary for carrying out the provisions of this Act.

23.

(2) One of the inspectors appointed under this section shall be appointed by the Minister to be the Chief Inspector of Machinery and another of them shall be so appointed Deputy Chief Inspector of Machinery, who-

(a)	in the event of illness or absence of the Chief Inspector has and may exercise and perform the powers, authorities, duties and functions of the Chief Inspector under this or any other Act; and
(b)	may at any time exercise any power of the Chief Inspector that the Chief Inspector, by instrument in writing, assigns to him, either generally or in any particular case.

(3) Without limiting the operation of section 4 of this Act

(a)	on the coming into operation of section 4 the persons who, immediately prior thereto were respectively the Chief Inspector of Machinery and the Deputy Chief Inspector of Machinery shall be deemed to have been

1974.1

Machinery Safety.

[No. 74.

appointed the Chief Inspector of Machinery and Deputy Chief Inspector of Machinery under this Act; and

(b)

each person who, immediately before the date of coming into operation of section 4, was an inspector of any grade or class under any Act repealed by this Act shall, without further appointment under this Act, be deemed to be appointed on that date an inspector of the same grade or class in accordance with and for the purposes of this Act, and shall, subject to this Act, con- tinue to hold his office under this Act.

(4)

A person who is an inspector under the Fac- f ,̀I116'3:"

tories and Shops Act, 1963, or the Construction 01;: 13 to be an inspector for the purposes of this Act for such period as the Minister determines but he shall carry out only the powers, duties and functions that are, from time to time, by instrument in writing, assigned to him by the Chief Inspector.

(5) Every inspector shall be furnished with a certificate of his appointment in the prescribed form, and, on entering any place or premises for the purposes of this Act, he shall, if required by the owner or person in charge of the place or premises or any person to whom a direction or order is given by the inspector under this Act, produce the certi- ficate to him.

(6)

A person who forges or counterfeits any such certificate, or makes use of any forged, counterfeited or false certificate, or personates the inspector named in any certificate, or falsely pretends to be an inspector commits an offence against this Act.

Penalty: Five hundred dollars, or imprisonment for six months, or both such fine and imprison- ment.

No. 74.]

Machinery Safety.

[1974.

Delegation

by Chief	24. (1) The Chief Inspector may, by instrument
Inspector.

in writing under his hand, delegate to any inspector, either generally or as specified in the instrument of delegation, any of his powers and functions under this Act except this power of delegation.

(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation, and if the exercise of any power or the performance of any function would, had it not been delegated, have depended upon the opinion, belief or state of mind of the Chief Inspector in relation to a matter, that power may be exercised or that function performed by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Chief Inspector.

Principal

functions of	25. The principal functions of an inspector under
inspector.

"This Act"	this Act are-
includes
regulations.

See e. 4 Act	(a)	to promote the safety of persons engaged
No. 30 of
1918.	on machinery;
(b)	to promote the safety of persons and pro- perty in the vicinity of machinery;
(c)	to advise employers and employees as to safe practices recommended in respect of machinery;
(d)	to investigate accidents of any kind occur- ring in respect of every kind of machinery;
(e)	to ensure that the provisions of this Act are complied with; and
(f)	generally to take all such steps as may be desirable to prevent or limit the occurrence or repetition of accidents involving machinery.

1974.]

Machinery Safety.

(No. 74.

Protection

26.

A person who is or has been an inspector is not personally liable for any matter or thing done or omitted in good faith in the exercise or purported exercise of any power or function conferred on or exercisable by him by or under this Act.	of inspector.
General

27.

(1) Every inspector may—

powers and

duties of

inspectors.

(a)

at all reasonable hours by day or by night, enter any place or premises where there is machinery, or where he has cause to believe that there is machinery or that machinery is to be installed or used, and remain thereon or therein, and may inspect that place or those premises, any machinery there found and any equipment or thing connected or used with any such machinery, and may make such examination and inquiry as he thinks necessary to ascertain whether or not the provisions of this Act Includes

apply or have been or are being complied rserncit	No. 30 of
with;	te/8.

(b)

in making any such inspection, call to his aid any member of the Police Force of the State to assist him in the execution of his duty or where he has reasonable cause to apprehend any obstruction in the execution of his duty;

(c)

require the production of any register, record, notice or other document that any person is by this Act required to keep or exhibit in respect of machinery to which this Act applies, and copy any such docu- ment or make extracts from it;

(d)

take with him into any place or premises referred to in paragraph (a) of this sub- section, any person he may require as a professional or expert adviser or interpreter and whose assistance he considers necessary in the performance of his duties under this Act;

No. 74.]

Machinery Safety.( 1974. at all reasonable hours by day or by night, question, either alone or in the presence of some other person, any person as to compliance with this Act in any particular;

(e)

(f)	subject to the provisions of section 78, institute proceedings for offences against this Act; and
(g)	exercise such other powers and authorities as may be prescribed.

A person is not required, under the authority of this section, to answer any question or give any information tending to incriminate himself, and before a person is questioned by an inspector pursuant to this section, the inspector shall advise the person accordingly.

(2)

(3)

A question, inquiry or requisition that is put or made on behalf of an inspector by a person acting as interpreter for the inspector shall be deemed to have been put or made by the inspector, and the answer thereto made to the interpreter shall be deemed to have been made to the inspector.

Inspection

procedure.	28. (1) For the purposes of any inspection, an inspector may make, or direct the owner to make or cause to be made, any examination or test that he considers necessary in the interests of safety, and may give directions to facilitate the carrying out of any such examination or test.
Owner to

assist

(2)

The owner of any place or premises whereon or wherein there is machinery shall furnish the means required for, and shall comply with any directions as to the making of, any entry, inspection, examination, test, inquiry, or otherwise for the exercise by an inspector of his powers under this Act.

inspector.

(3) A person who fails to comply with the provisions of subsection (2) of this section or who obstructs a person acting as professional or expert adviser to, or interpreter for, an inspector shall be

1974.]

Machinery Safety.

[No. 74.

deemed to have obstructed the inspector in the execution of his duties under section 29 and is liable to be punished under that section accordingly.

29. (1) Subject to subsection (2) of section 27, got riennZese 1-ts

tions•

a person shall not—

(a)	assault, resist or impede, delay or in any way obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act;
(b)	fail, without lawful excuse, to answer any question put to him in pursuance of this Act by an inspector or a person acting as professional or expert adviser to, or interpreter for, an inspector, or give a false or misleading answer to any such question;
(c)	fail to comply in any respect with the lawful written request, requirement or order of an inspector;
(d)	when required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail without lawful excuse to furnish that assistance or information, or furnish false or misleading information;
(e)	fail to produce any register record, notice or other document which, pursuant to paragraph (c) of subsection (1) of section 27, he is required by an inspector to produce, or fail to allow the inspector, upon his so producing the same, to make copies of or take extracts from it or any part thereof or of any entries therein;
(f)	directly or indirectly prevent any person from appearing before or being questioned by an inspector; or
(g)	use any threat or any abusive or insulting language to any inspector or a person acting as professional or expert adviser, or interpreter for an inspector, or to any

No. 74.]

Machinery Safety.

[1974.

workman with respect to any inspection, examination or interrogation made under this Act.

(2) Any statement made pursuant to any requirement made pursuant to this Act, shall not, if the person making the statement objected, at the time of making it, to doing so on the ground that it might tend to incriminate him, be admissible in evidence in any prosecution against the person for any offence not being the offence of contravening the provisions of this section.

Power to

give direc-

30. (1) Where an inspector is of the opinion that any machinery, or any part of any machinery, or any fitting or attachment to any machinery, is defective or dangerous or in the interests of safety requires to be repaired or renewed, or that any other thing may affect the safety of persons or property if the machinery is permitted to continue to be used in the condition it then is, he may direct any person by notice in writing

tions.

(a)	to stop using or operating that machinery; or
(b)	to stop using or operating that machinery until the repairs, renewals, alterations or modifications specified in the notice have been effected; or
(c)	to stop using or operating that machinery except in accordance with the limitations, restrictions or conditions specified in the notice.

A direction given under subsection (1) of this

section may be expressed to take effect immediately

or from a date to be specified in the notice.

(2)

(3) A person to whom a notice containing directions is given under subsection (1) of this section shall take all reasonable steps to bring the substantive requirements of those directions to the knowledge of the persons affected.

1974.] 31. Where an inspector has issued any order or

Machinery Safety.

f No. 74.

Power to

vary etc.

order, direc-

given any direction or notice or made any request	tion, etc.
under this Act, he or any other inspector may, at	of inspector.
any time, by direction of the Chief Inspector, with- draw or revoke or from time to time vary the order, direction, notice or request or take such further action with respect thereto as may be necessary to give effect thereto.

32. (1) Where the Chief Inspector considers itKg=tion necessary in the interests of safety he may amend, Istc,Itnial;. add to or vary any limitation, restriction or tre=,,Or

condition that is applicable to an entry in the non. suspend or cancel any entry or any certificate if a direction given under section 30 or section 53 has not been complied with within the time specified.

(2) If so requested, the Chief Inspector shall furnish in writing to the owner of the machinery to which the entry or certificate relates a statement of his reasons for any action taken by him under subsection (1) of this section.

Secrecy.

33. A person who discloses any information that has been furnished to him or obtained by him under this Act, or in connection with the execution of this Act, commits an offence unless the disclosure is made

(a)	with the consent of the person carrying on or operating any business to which that information relates; or
(b)	for the purpose of giving effect to the objects of this Act and in the performance of a duty under this Act.

Penalty: Two thousand dollars, or imprisonment for twelve months, or both such fine and imprison- ment.

34. (1) Inspection documents, certificates and ,:ygicaobrlir

other records held by the Chief Inspector shall be open to inspection, without charge, by the owner of

No. 74.]

Machinery Safety.

(1974.

the machinery to which those records relate or any person authorized in writing by the owner, subject to subsection (2) of this section, but shall not be open to inspection by any other person.

(2) The records referred to in subsection (1) of this section shall not be made available for inspection by any person, and no copies thereof shall be taken

(a)	where they relate to an accident involving machinery; or
(b)	where they contain or refer to design information submitted by a person other than the owner.

(3) Where a person is permitted by this section to inspect any records he may, on payment of the prescribed fee and subject to any conditions that may be required of him, be permitted to take a copy of those records.

PART V.-CERTIFICATES OF COMPETENCY.

Application

of this

35. (1) Subject to subsection (2) of this section,

Part.

this Part of this Act applies to

(a)	any locomotive or traction engine;

(b) any internal combustion engine;

(d) any steam engine;

(e) any crane or hoist;

(f) any steam boiler;

(g)	any hot water boiler; and
(h)	such other machinery as is prescribed.

(2) This Part of this Act does not apply to

(a)	any boiler with a heating surface of not more than 10 square metres;
(b)	any steam boiler which has electrical heating elements of not more than 120 kilowatt capacity;

1974.]

Machinery Safety.

[No. 74.

(c) any steam boiler with a heating surface of more than 10 square metres but not more than 15 square metres where the automatic controls and fail safe devices are of the prescribed kind and are serviced and main- tained in the prescribed manner;

(d)	any non-steaming hot water boiler of a prescribed kind or class where the auto- matic controls and fail safe devices are of the prescribed kind and are serviced and maintained in the prescribed manner;

(e) any internal combustion engine having a cylinder area or combined cylinder area of not more than 1 290 square centimetres;

(f) any internal combustion engine having a cylinder area or combined cylinder area of more than 1 290 square centimetres where-

(i) in the opinion of the Chief Inspector the engine is in a location and is used for purposes where there is little likelihood of damage resulting from any malfunction or failure; and

(ii) automatic controls and fail safe devices of the prescribed kind are fitted and are serviced and main- tained in the prescribed manner; and

(iii) the engine is used or operated under and in accordance with the written permission of the Chief Inspector;

(g)	any machinery used exclusively for domestic purposes;

(h) any crane driven by hand or animal power;

(i) any self contained hoist driven by air or electricity or hand power or any cantilever type builder's hoist of not more than 11 metres in working height;

No. 74.]

Machinery Safety.

[1974.

(j)	any hoist, winding engine, power shovel excavator equipped with a jib or boom, or any underground locomotive, the authori- zation for the operation of which is a matter for the Minister responsible for mining matters;
(k)	any locomotive used solely for amusement purposes, other than a locomotive driven by steam;

(1) any miniature locomotive; or

(m) any machinery or class of machinery of a kind specified for the purposes of this Part of this Act in an order for exemption made under subsection (3) of section 7.

Machinery

to be in	36. At all times when that machinery is under which this Part of this Act applies shall be in the charge of a person who holds a certificate of com- petency, permit or licence, authorizing him to use, operate, or be in charge of that machinery.
charge of
authorized	working conditions or in use, any machinery to
persons.
Only

holders of	37. A person who-
certificates

of compet-	(a)	uses, operates, or acts as the driver or
ency to do
certain acts.	operator in charge of any machinery to which this Part of this Act applies; or
(b)	otherwise than in a prescribed capacity, performs any operation or carries out any work of a kind that is prescribed on or in relation to any machinery to which this Part of this Act applies,

commits an offence unless he holds, or is deemed to hold, a certificate of competency, permit or licence, granted under this Act authorizing him so to do.

Machinery

not to be	38. A person who is using, operating or in charge applies shall not when that machinery is under working conditions or in use absent himself from that machinery unless relieved by a competent person who is authorized to do so by or under this Act.
left un-
attended by	of any machinery to which this Part of this Act
a compet-
ent person.

1974.1

Machinery Safety.

[No. 74.

39. (1) The Chief Inspector shall have the power (=gigs

to grant any of the following certificates of coin- eate•

petency-

(a) Winding Engine Driver's Certificate;

(b)	First Class Engine Driver's Certificate;
(c)	Second Class Engine Driver's Certificate;
(d)	Steam Locomotive and Traction Engine Driver's Certificate;
(e)	"A" or "B" Class Locomotive Driver's Certificate;

(f) Crane Driver's Certificate; (g) Hoist Driver's Certificate;

(h)	Internal Combustion Engine Driver's Certificate;

(i) Boiler Attendant's Certificate;

(j) Welding Supervisor's Certificate;

(k) Welder's Certificate;

(1) a Restricted Certificate of Competency in

any of the categories referred to in para- graph (a) to paragraph (k) of this sub- section; and

(m) any other prescribed certificate.

(2) The Chief Inspector shall have power to restrict or to extend the authorization conferred by a certificate by endorsement on that certificate, and may in the same manner impose any limitation or condition on the exercise of the authority conferred by a certificate.

A certificate of competency of a kind referred to in subsection (1) of this section authorizes the holder to drive, use, operate, or be in charge of, or to perform any operation or carry out any work on or in relation to, any machinery prescribed in respect to or specified in that certificate subject to such limitations, restrictions, or conditions as are endorsed on that certificate.

(3)

(4)

The extent of the authority conferred by any

certificate and the privileges exercisable by the

holder shall be as prescribed.

No. 74.1

Machinery Safety.

[1974.

Conditions

for the	40. (1) Subject to this Act, all certificates of
grant Of a

certificate	competency shall be granted by the Chief Inspector
of compet-
ency.	after examination conducted by or on behalf of the Chief Inspector.
(2) Examinations shall be held at the times and places determined by the Chief Inspector and shall relate to such matters as are prescribed.
(3) On an applicant for a certificate of com- petency

(a)	passing the prescribed examination, or otherwise satisfying the Chief Inspector that he possesses the prescribed qualifica- tions and experience;
(b)	satisfying the Chief Inspector of his fitness in all other respects; and

the Chief Inspector may grant to him a certificate of competency of the appropriate kind and class.

(4) The Chief Inspector may in his discretion refuse to grant a certificate of competency.

(5) Every applicant for a certificate of com- petency

(a)	where so required by the Chief Inspector, must produce a certificate in the prescribed form from a duly qualified medical practitioner;
(b)	must satisfy the Chief Inspector that his knowledge of the English language is sufficient to enable him to perform the duties required of a holder of that certificate; and
(c)	must produce to the Chief Inspector satisfactory evidence that he has had the experience and fulfils the conditions prescribed as required to render a person eligible to apply for that certificate.

1974.]

Machinery Safety.

[No. 74.

Recognition

41. On payment of the prescribed fee, and on proof that the applicant is resident in the State of	of Marine Engineers'
certificates.
Western Australia, and a person of good repute, and on production of satisfactory testimonials, and a certificate granted after examination by the Board of Trade of the United Kingdom of Great Britain and Ireland, or by any Board in Her Majesty's Dominions having authority from the said Board of Trade to grant certificates, the Chief Inspector may grant, without examination, a certificate of competency as follows

(a)	to the holder of a first-class or second-class marine engineer's certificate (steam)—a First Class Engine Driver's Certificate;
(b)	to the holder of a first-class or second-class marine engineer's certificate (motor)—an Internal Combustion Engine Driver's Certificate; and
(c)	to the holder of a third-class marine engineer's certificate (steam)—a Second Class Engine Driver's Certificate.

42. On payment of the prescribed fee the Chief Icy gigyei:!

substantially correspond with the provisions of this Act in relation to the certificate of competency for which he applies.

Inspector may, without examination, grant a :)aig'scertift-

certificate of competency to any person who satisfies

the Chief Inspector that he is resident in the State

of Western Australia, is a person of good repute, and

is the holder of a certificate granted by any duly

constituted and recognised authority within the

Transitional

(1) A person who, immediately prior to the coming into operation of this Part of this Act, was	provisions
as to certifi-
cates.
the holder of a certificate granted or deemed to have been granted under the repealed Acts of a kind specified in the first column of the schedule to this

43.

No. 74.1

Machinery Safety.

[1974.

subsection is deemed to have been granted under this Act a certificate of the kind specified opposite thereto in the second column,—

SCHEDULE.

First Column

Second Column

Winding Engine Driver's

Certificate.

First Class Engine

First Class Engine Driver's

Driver's Certificate.

Certificate.

Second Class Engine

Driver's Certificate.

Third Class Engine

Second Class Engine

Driver's Certificate.

Locomotive and Traction

Steam Locomotive and

Engine Driver's	Traction Engine
Certificate.	Driver's Certificate.

"A" or "B" Class Diesel

"A" or "B" Class

Locomotive Driver's	Locomotive Driver's
Certificate.	Certificate.

Crane and Hoist Driver's

Crane or Hoist Driver's

Certificate.

Internal Combustion

Engine Driver's	Engine Driver's
Certificate.	Certificate.

Boiler Attendant's

Certificate.

(2) Where a person immediately prior to the coming into operation of this Part of this Act was the holder of a certificate of service granted under the repealed Acts he is deemed for the purposes of this section to have been the holder of the certificate of competency which under the repealed Acts was the equivalent of that certificate of service.

Where a restriction or endorsement was placed on any certificate granted or deemed to have been granted under the repealed Acts a similar restriction or endorsement applies to any certificate which is deemed to have been granted in relation thereto under the provisions of this section.

(3)

1974.1

Machinery Safety.

[No. 74.

(4) Where a person immediately prior to the coming into operation of this Part of this Act was the holder of a transfer certificate granted under the repealed Acts he is deemed to have been issued with a permit or licence by the Chief Inspector pursuant to the provisions of subsection (1) of section 45.

Regulations

44. (1) In relation to certificates of competency, regulations may be made under this Act for or with

as to certifi-

cates of

competency.

respect to

(a)	the form of the certificate;
(b)	the kinds of certificate applicable to specified machinery;
(c)	the classes of certificate of any specified kind;
(d)	the duration, and the manner of renewal, of specified certificates;
(e)	the endorsement, suspension or cancellation of certificates;
(f)	the limitations, restrictions and conditions that may be imposed;
(g)	the forms to be used for the purposes of this Act, and the manner of, and time for, their completion including a requirement that information supplied be verified by statutory declaration;
(h)	the fees that are payable;

(i) the examinations that may be required in relation to specified kinds or classes of certificate;

(J) the conduct of examinations by or on	behalf of the Chief Inspector;
(k)	the qualifications and the experience that may be required to satisfy the Chief Inspector;

No. 74.1 (1) the practical testing of applicants; and

Machinery Safety.

[1974.

(m) any other purpose that the Governor thinks necessary for safeguarding persons and the public interest in relation to machinery safety.

(2) In subsection (1) of this section "specified" means specified in the regulations.

Power to

license.

45. (1) The Chief Inspector has power, where the doing of any act would otherwise constitute a contravention of the provisions of section 37, to issue a permit or licence, which may be made subject to such limitations, restrictions or conditions as he may require and endorse upon it, authorizing the doing of that act in any case where for reasons of training, practice, unavoidable circumstances or public interest it appears to him to be necessary or desirable.

(2) Where any person being the holder of a certificate of competency granted within the Commonwealth, or of such other qualification as is in the opinion of the Chief Inspector satisfactory evidence of competence, makes application to the Chief Inspector for a certificate in respect of the same or a similar subject matter the Chief Inspector may issue to him a temporary permit.

(3)	A permit issued under subsection (2) of this

section

(a)	shall be returned to the Chief Inspector at any time the Chief Inspector, by notice in writing, so requires;
(b)	authorizes that person to do any act that would otherwise constitute a contravention of the provisions of section 37, for the period therein specified or until its return is sooner required by the Chief Inspector under this subsection; and
(c)	is subject to the limitations, restrictions or conditions endorsed thereon.

Facilitation

of proof.

86. (1) In any prosecution for an offence

"This Act"	against this Act
includes
regulations.

See s. 4 Act	(a)	it is not necessary to prove the appoint-
No. 30 of
1918.	ment of an inspector or his authority to do any act, to issue any order, to give any direction or notice, or to make any request or take any proceedings, but nothing in this paragraph affects the right of the defendant in any such prosecution to prove the extent of that authority;
(b)	a signature purporting to be that of the Minister, the Under Secretary, the Chief Inspector, the Deputy Chief Inspector or an inspector shall be taken to be the sig- nature of the person whose signature it purports to be until the contrary is proved;

1974.]

Machinery Safety.

[No. 74.

(c)

a statement signed by the Chief Inspector that a certificate, permit or other docu- ment of the description mentioned in the statement has or has not been issued pursuant to this Act to a person and, in the case of a certificate, permit or other docu- ment that has been so issued, as to the date of issue of, and the particulars contained in, the certificate, permit or other docu- ment, is evidence of the matter specified in the statement; and

(d)

the allegation or averment in any com- plaint that any machinery is machinery to which Part V of this Act applies is evidence of that fact unless the contrary is proved.

(2) Where by any provision of this Act any person who is an owner, occupier, employer or person in charge of machinery is required to give any notice to any person, the burden of proof that the provision has been complied with is on that person.

(3) It is sufficient in any complaint for an offence against this Act, where the defendant is a natural person, to name the defendant by the name by which he is usually known, and where the defendant is a body corporate or a firm, the name by which the body corporate or firm and any member thereof is usually known, and the onus of proof is on the person, body corporate or firm so named to prove that he or it, as the case may be, is not the defendant.

(4) In all courts and before all persons auth- orized to receive evidence a notification in the Gazette of the findings of the Chief Inspector in relation to the exercise of his disciplinary powers and of any order made by the Chief Inspector or the Minister under this Act is evidence of the facts therein stated.

Provisions

87. (1) Any notice, order or other document

as to giving

required or authorized by or under this Act to be

of notices.

served on, sent or given to, or lodged with a person

may be so served, sent, given or lodged

(a) by delivering it to that person; or

No. 74.1

Machinery Safety.

[1974.

(b)

by forwarding it to that person at his usual or last known place of abode or business by registered post or by certified mail pursuant to the regulations made under the Post and Telegraph Act 1901 of the Com- monwealth Parliament as amended from time to time, or under any Act in substitu- tion therefor as so amended.

(2) In any prosecution for the offence of failing to give a notice required by this Act within the period permitted by this Act, it shall be a defence for any person who would otherwise be liable to the penalty prescribed for that offence to prove that he took all reasonable steps to ensure that the provi- sions of this Act as to the giving of notice were complied with.

Regulations. 88. (1) The Governor may make regulations in

regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act, and for the due administration thereof.

Any regulations made under this Act may be of general or limited application.

(2)

(3) Without limiting the general power conferred by subsection (1) of this section, the Governor may make regulations for or with respect to all or any of the following matters

(a)	prescribing that fees shall be payable in relation to any application or other matter under this Act and prescribing the method of assessment of such fees, the persons liable, and all other matters necessary or convenient to be prescribed in relation thereto;
(b)	prescribing penalties, not exceeding a fine of four hundred dollars, or if the offence is a continuing offence not exceeding twenty

1974.]

Machinery Safety.

[No. 74.

dollars for every day on which the offence has continued, in respect of a contravention of any of the regulations;

(c)	prescribing qualifications to be held under this Act by any persons doing any work specified therein and defining those persons;
(d)	the application for and the grant, issue, renewal, suspension or cancellation of registration, certificates, permits, licences and authorities under this Act;
(e)	the restrictions, limitations or conditions that may be imposed under this Act;
(f)	the manner in which appeals under this Act shall be brought and the procedure to be followed in the conduct of those appeals;

the forms to be used and the records to be kept for the purposes of this Act, and the manner of, and time for, their completion including a requirement that information supplied be verified by statutory declara- tion;

(h)	the definition of terms for the purposes of this Act including the use of engineering and technical expressions;

(i) prescribing standards and other matters in relation to machinery in the interests of safety;

(j)	regulating the provisions and the contents of plans, specifications, computations, or other data relating to machinery, and the manner in which it is presented;
(k)	regulating any acts, matters or things in relation to the design, manufacture, con- struction, installation, identification, opera- tion, alteration, or repair of machinery;

(1) prescribing the qualifications and experi- ence required for appointment as an inspector under this Act;

No. 74.1

Machinery Safety.

[1974.

(m)	the powers and duties of the Boards of Reference;
(n)	any other purpose that the Governor considers necessary for safeguarding persons and in the public interest in relation to machinery; and
(o)	such transitional, incidental and supple- mentary provisions as the Governor considers necessary or expedient for the purpose of this Act.

(a) The regulations may adopt, either wholly or in part and either specifically or by reference, any of the standards rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or any other like body specified in the regulations.

(4)

(b) Where the standards, rules, codes or specifica- tions adopted by the regulations cannot be con- formed to with respect to any provision thereof by reason of unavailability of materials or other reason that the Chief Inspector considers valid, the Chief Inspector may approve the use of such materials, gear, fitments or the like in any machinery as he considers may be used therein with safety.

No regulation shall be deemed to be invalid

by reason only that it delegates to, or confers on,

any person or body a discretionary authority.

(5)

5.4.	SCHEDULE. Inspection of Machinery Act, 1921. Inspection of Machinery Act Amendment Act, 1923.
Inspection of Machinery Act Amendment Act, 1924. Inspection of Machinery Act Amendment Act, 1941. Inspection of Machinery Act Amendment Act, 1947. Inspection of Machinery Act Amendment Act, 1950. Inspection of Machinery Act Amendment Act, 1951. Inspection of Machinery Act Amendment Act, 1953. Inspection of Machinery Act Amendment Act, 1954.

1974.]

Machinery Safety.

[No. 74.

Inspection of Machinery Act Amendment Act, 1956. Inspection of Machinery Act Amendment Act, 1957. Inspection of Machinery Act Amendment Act, 1958. Inspection of Machinery Act Amendment Act, 1969. Inspection of Machinery Act Amendment Act (No. 2), 1969.