Machinery Safety Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

MACHINERY SAFETY.

No. 85 of 1981.

AN ACT to amend the Machinery Safety Act 1974.

[Assented to 23 November 1981.]

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:—

1. (1) This Act may be cited as the Machinery avigT,?,..

Safety Amendment Act 1981.

(2) In this Act the Machinery Safety Act 1974 is t,0;?:14

referred to as the principal Act.

The principal Act as amended by this Act may be cited as the Machinery Safety Act 1974-1981.

(3)

No. 85.] Machinery Safety. [1981.

Commence-

ment.	2. The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation.
Section 6
amended.	3. Section 6 of the principal Act is amended in subsection (1)—

(a) by inserting before the definition of "Board of Reference" the following definition

CC "amusement device" means a device

whether mobile or fixed, which is used or designed or intended for use for amusement, games, recreation, sight- seeing or entertainment by members of the public or a section of the public by means of or on which device persons may be carried, transported, raised, lowered, or supported by any part of the device including any car, carriage, plat- form, cage, boat, plank, chair, seat, or thing whether that part is stationary or mobile; " ;

(b) by deleting the definition of "classified machinery" and substituting the following definition

"classified machinery" means machin- ery of a kind or belonging to or con- forming with a class or description which is prescribed; " ;

(c) by inserting after the definition of "fence" the following definition-

" "general machinery" means machinery to which this Act applies other than classified machinery; " ; and

(d) in the definition of "machinery" by insert- ing after "hoist," the following-

" amusement device, " .

1981.] Machinery Safety. [No. 85.

Section 7

4. Section 7 of the principal Act is amended in amended.

subsection (2) by deleting paragraph (c) and sub-

stituting the following paragraph-

" (c) machinery driven by a motor of which the power is less than 0.75 kilowatts, not being a hoist or lift; ".

5.    (1) Section 9 of the principal Act is amended ggg;„ne3,

in subsection (4) (a) by deleting "joint written ?ad_ unsitional

nomination of the bodies respectively known as the provision

Western Australian Employers' Federation (Incor-

porated) and The West Australian Chamber of

Manufacturers (Incorporated)" and substituting the

following-

" written nomination of the body known as The Confederation of Western Australian Industry (Incorporated) "

(2) A member of the Machinery Safety Advisory Board, or a deputy of a member thereof, holding office immediately before this section comes into operation following nomination under section 9 (4) (a) of the principal Act shall, subject to the terms of his appointment and to this Act, continue to hold office as if he had been nominated by the body known as The Confederation of Western Australian Industry (Incorporated), and shall be eligible for re-appointment.

6.    Section 11 of the principal Act is amended by =dnec1•

repealing subsections (2), (3), (4) and (5) and

substituting the following subsections-

(2) All machinery to which this Act applies is required to be registered in one of the following categories

(a) classified machinery, which shall not be used or operated unless the machinery is registered and there is in force in relation to that machinery a valid certificate of inspection; or

No. 85.] Machinery Safety. [1981.

(b) general machinery, which shall not be used or operated unless the machinery is registered.

(3) The registration of classified machinery does not require renewal but continues in force until a change of ownership of the machinery takes place.

(4) The registration of general machinery continues in force, subject to any suspension under section 32, until

(a)	the expiration of such period, being not more than 12 months, as the Chief Inspector enters in the Register on registration;
(b)	cancellation under section 32; or
(c)	a change of ownership takes place,

whichever first occurs.

(5) Subject to this Act, a renewal of the registration of general machinery on or before the date of expiry continues that registration in force for the period of not more than 12 months entered in the Register at the time of renewal, and so on accordingly. " .

Section 12

repealed	7. Section 12 of the principal Act is repealed and
and

substituted.	the following section is substituted-
Applications

for	12. (1) An application to register
registration.

classified machinery shall be made in the

prescribed manner.

(2) An application to register general machinery or to renew the registration of general machinery shall be made in the pre- scribed manner and shall be accompanied by the prescribed fee. " .

1981.] Machinery Safety. [No. 85.

8. Section 13 of the principal Act is amended by =L•

repealing subsection (1) and substituting the follow-

ing subsection

C C

(1) The Chief Inspector, upon being satisfied that the requirements of this Act as to any application for registration or for the renewal of a registration and for the payment of the prescribed fees have 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

(a)	in the case of classified machinery, when all the requirements for the issue of a certificate of inspection have been satisfied, signify by the issue of such certificate that the machinery is registered; and
(b)	in the case of general machinery, issue to the owner a certificate of registration in the form prescribed, endorsed with a receipt for the pay- ment of the prescribed fees. " .

Section 15

9. Section 15 of the principal Act is repealed and the following section is substituted- repealed and substituted.

f C

Offences

15. (1) The requirements of this Act as to the registration of machinery remain in force	RS to
registration.
for so long as that machinery is being used.

(2) A person who-

(a)	owns or uses or operates any machinery liable to be registered under this Act which is not so registered;
(b)	uses or operates any machinery liable to be registered under this Act otherwise than in accordance with any limitation, restriction or condition that is entered in the Register in relation thereto; or

No. 85.] Machinery Safety. [1981.

owns any machinery liable to be

(c) registered under this Act and per- mits the use or operation of that machinery otherwise than in ac- cordance 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.

Section 1G

amended. 10. Section 16 of the principal Act is amended by repealing subsections (3) and (4) and substitut- ing the following subsection

CC (3) A certificate of inspection continues in

force, subject to any suspension under section

32, until

(a)	the expiration of such period, not being more than 2 years as the Chief Inspector endorses on the certificate;
(b)	cancellation under section 32;
(c)	a change of ownership takes place;

Or

(d) except in the case of machinery of the kind described in section 20 (2), a change of location of the machinery occurs. " .

Section 19

amended.	11. Section 19 of the principal Act is amended in subsection (2) (a) by deleting "capable of".
Section 20
amended.	12. Section 20 of the principal Act is amended by repealing subsection (2) and substituting the follow- ing subsection

(2) This section does not apply to machin-

ery designed for mobile use which is trans-

ferred from one place to another on hire or

1981.] Machinery Safety. [No. 85.

otherwise but is from time to time returned to the owner for inspection and mainten- ance. " .

Section 23

13. Section 23 of the principal Act is amended in amended.

subsection (1) by deleting ", 1904," and substituting

the following-

" 1978 " .

14. Section 35 of the principal Act is amended— Section 3

(a) in subsection (1)-

(i)  in paragraph (e), by deleting "or hoist" ; and

(ii)    by inserting after paragraph (e) the following paragraph-

" (ea) any hoist of a kind or belonging to or conforming with a class or description which is prescribed; " ; and

(b) in subsection (2), by deleting paragraph (i).

15. Section 47 of the principal Act is amended section

in subsection (1) (e) by deleting "addicated" and

substituting the following-

" addicted " .

16. Section 48 of the principal Act is repealed V:giaoln ed48

and the following section is substituted—	and
substituted.

" 48. (1) Where the Chief Inspector considers Vgietcra

that the matter does not require that a person

No. 851 Machinery Safety. [1981.

referred to in section 47 should be disqualified or suspended, he may, subject to subsection (2) of this section

(a)	deal with the matter summarily, without holding an inquiry under section 47; and
(b)	in doing so, may take any action provided for by paragraphs (c) and (d) of section 51 (1).

(2) Before he deals with a matter summarily under subsection (1), the Chief Inspector shall afford to the person an opportunity of giving an explanation either in person or in writing. " .

Section 54	17.	(1) Section 54 of the principal Act is amended
amended,
and

transitional

in subsection (1) (b) by deleting "the Western Aus-

provision.

tralian Employers' Federation (Inc.)" and substi-

tuting the following-

" The Confederation of Western Australian Industry (Incorporated) " .

(2) A member of a Board of Reference holding office immediately before this section comes into operation following nomination under section 54 (1) (b) of the principal Act shall, subject to the terms of his appointment and to this Act, continue to hold office as if he had been nominated by the body known as The Confederation of Western Australian Industry (Incorporated).

Section 58	18.	Section 58 of the principal Act is amended
amended.

(a) in subsection (1), by inserting after "lift," M both places where it occurs the follow- ing

" amusement device, " ; and

1981.] Machinery Safety. [No. 85.

(b) in subsection (3), by inserting after "lift," the following-

" amusement device, " .

19. Section 70 of the principal Act is amended amended

in subsection (1) (c) by inserting after "lift" the

following-

" , amusement device " .