Mines Regulation Act Amendment Act of 1916 (7 Geo v No. 12) (Qld)

-763/j J\fEDICAL.-J\fINING. .Mines Regulation .Act .Amendment .Act. 7 GEO. V. No. 12) letters) the words "dental company," or "dental insti- tute," or "dental hospital," or " dental college," or "college or school of dentistry," or any similar words. This subsection shall not limit the use of any dental title necessarily assumed by any public institution recognised by the Board for the purposes of dental education. (5.) Any person, company, or association guilty of a contravention of this section shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not ~ xceeding five pounds for every day during which such contravention is continued after conviction. (6.) This section shall not prohibit any person from extracting teeth at any place more than five miles from the place of business of the nearest practising dentist. Amendment 12. The proviso to section twenty-one of the Prin- of 8.21. cipal Act is repealed. MINING. 7 Geo. V. An Act to Amend "The Mines Regulation Acts, No. 12. THE MINES 1910 to 1912," in certain particulars. REGULATION I AOT ASSENTED TO 18TH Dl!:CEMBER, 1916.J AMENDMJ!)(T B ACT OF 1916. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of .the same~ as follows :- Short liitle 1. This Act may be cited as " The Mines Regulation and t t' Act Amendment Act of 1916," and shall be read as one oons rue Ion. with "The Mines Regulation Act of 1910,"* hereinafter called the Principal Act. Amendment 2. The following provi~ ion is added to section five of 11. is. of the Principal Act :_ If at any time it is made to appear to the Governor in Oouncil that the provisions of this Act should extend and apply to any quarry or other excavation for the pur- pose of obtaining rock, earth, clay, sand, soil, gravel, or mineral, other than a mine as hereinbefore defined, owing to the dangerous nature of the work therein or for other * 1 Geo. V. No. 24, 8upra, page 5934. "The Mine8 Regulation Act8. 1910 to 1917," are reprinted in AppendiJl: R infra.

MINING. 7639 1916. Mines Regulation Act Amendment Act. sufficient reason, the Governor in Council may, by Order in Council, so extend the application of this Act, and thereupon every such quarry or other excavation specified in such Order shall be deemed to be a mine within the meaning of this Act; and the Governor in Council may at any time suspend, alter, or vary any such Order. 3. In subsection three of section nine of the Princi- Amendment pal Act, after the word" condition," the following words of B. 9. are inserted :-" in a place approved by the inspector, so situated that the workmen employed in the mine may have free access to examine the records and reports." 4. In section ten of the Principal Act, after the Amendment word "inspector" where it first occurs, the words "of of B. 10. any breach of this Act or" are inserted, and the words "take such steps as he deems necessary to" are repealed. 5. In subsection one of section eleven of the Principal Amendment Act the words "at their own cost, once in every month" of B. 11. are repealed; after subsection four of the said section, the following subsection is inserted:- ' (4A.) The remuneration of and expenses incurred by the persons so appointed, to such an extent and on such conditions as the Minister from time to time approves, may be defrayed out of the Consolidated Revenue, which is hereby appropriated for the purpose. In subsection five of the said section, after the word "appointed" the words "shall be designated miners' inspectors, and" are inserted, and the following words are added after the said subsection :-" Provided that the Minister may, on the application of the'miners, or if otherwise it is made to appear to him to be necessary, at any time terminate any appointments made under this section." ' 6. In section thirteen of the Principal Act, after Amendment the word "shall" the word "immediately" is inserted. of 8. 13. The following words are added at the end of the first paragraph of .the said section :-" or until the mine has been inspected by the inspector, who shall be immediately notified by the warden of any action taken under this section." 7. The following paragraph is inserted after subsec- Amendment tion two of section fifteen of the Principal Act : - of B. liS. On receipt of every notice under this section, the warden shall cause particulars thereof to be forwarded to the inspector.

7640 MINING. Mines Regulation Act Amendment Act. 7 GEO. V. No. 12, The following subsection is added to the said section :- (3.) The owner or agent, not being the registered manager, or any general manager, superintendent, engineer, or other person appointed by such owner or agent to a position of control or authority over the manager, shall not exercise such control or authority in any way whatever to prevent, hamper, or hinder the manager from observing or enforcing the observance of the provisions of this Act; and any such owner or agent, general manager, superintendent, engineer, or other person may be proceeded against for any non-compliance with any of the provisions of this Act by the manager or any person, and shall each be guilty of an offence unless such owner or agent, general manager, superintendent, or other person proves that he has not exercised control or authority so as to prevent, hamper, or hinder the manager as aforesaid. Amendment 8. The third paragraph of subsection three of section of s. 16. sixteen of the Principal Act is repealed, and the following provision is inserted in lieu thereof : - But no such appointment shall, except with the per- mission of the inspector, be for a longer period than two weeks, nor, except with the approval of the Minister, for a longer period than one month; and no uncertificated person shall be appointed deputy manager under this section if the holder of a first-class or second-class mine manager's certificate is available to be so appointed. In subsection four of the said section, the words "such grade of certificate as the Minister directs" are repealed, and the foIJowing words are inserted in lieu thereof :-" a first-class or a second-class certificate or a permit from the board of examiners as the Minister directs; such permit, which may be issued on such conditions as the board thinks fit, shall be deemed to be a certificate for the purposes of this section, and shall remain in force for twelve months, but may be renewed at the option of the board." oAfm B. en1d7.ment word 9 s . " Iwn hseercetiionn thseeveangtgereengaotef mthoerePtrhinacniptawl eAntcyt, mthene are employed" are repealed. Aofms.en2d0.ment one 1 of 0. seTchtieonfotlwloewnitnyg owf otrhdes Parreincaidpdael dAtcot : s-u"bs I e f cttihone

MINING. 7641 1916. Mines Regulalion Act Amendment Act. Minister is of opinion, owing to the extent of the under- ground workings or for other reasons, that ·the duties required by this section cannot be exercised adequately for the purposes of this Act by one manager alone, the Minister may direct that a competent person shall be appointed to assist the manager in the supervision and control of the underground works." In subsection two of the said section, after the word " works" the words "who may be designated under- ground foreman, under manager, or overman" are inserted; also, the words "the warden or inspector" ~ re repealed, and the words "the warden, who shall record such appointment in the register to be kept at his . office in accordance with section fifteen of tliis Act, and cause particulars of such appointment to be forwarded to the inspector" are inserted in lieu thereof. 11. The following words are added· to section twenty- Amendment two of the Principal Act :-" The manager shall im- of B. 22. mediately notify the inspector of any action taken under this section." 12. After subsection eight of section twenty-six of Amendment; the Principal Act, the following subsection is inserted:-o f s. 26. (9.) For the purposes of subsections seven and eight hereof, "mine" means a place where any operat on for the purpose of obtaining metal or mineral has been or is being carried on, but not a place where the products of any such place have been or are being crushed, smelted, treated. or otherwise dealt with. 13. After subsection two of section twenty-eight of the Amendment Principal Act, the following subsection is inserted :_ of s. 28. [2 (A).] Within one week after the occurrence of any accident in or about a mine attended with serious bodily injury to any person, the manager shall send a written report to the inspector containing a correct statement of the cause and circumstances surrounding the occurrence. Subsection four of the said section is repealed, and the following subsection is inserted in lieu thereof :- (4.) Within twenty-four hours after the occurrence of- (a) Any breakage of any essential part of the winding machinery at any mine, or any overwind, or any accident of any kind in connection with the winding arrangements;

7642 l\HNING. Mines Regulation Act Amendment Act. 7 GEO. V. No. 12, (b) Any extensive subsidence, settlement, or fall of ground whether as a result of blasting or otherwise, or any collapse of any part of the workings of a mine whether at the time of such collapse supported by timber or not; (c) Any outbreak of fire above or beJow ground at any mine; (d) Any breakage of a rope, chain, or other gear by which men are lowered or raised; (e) Any inrush of water from old workings or other source; (f) Any accidental ignition of gas or dust below ground, or the discovery of the presence of gas or an outburst of gas in.any part of a mine; whether any bodily injury to any person or damage to property has res~ ted or not, the manager shall give notice thereof to the inspector, or, if he is not imme- diately available, to the warden, and shall furnish the inspector or warden, as the case may be, with 'such particulars in respect thereof as he may ask for, and shall record particulars of such occurrence in the record book. After subsection five of the said section, the following subsection is inserted :- (6.) Any manager, agent, or other person who con- ceals any essential detail, or who gives or tenders false or misleading information, regarding such accident or the nature of the injury caused thereby shall be guilty of an offence. Amendment 14. The following provision is added to subsection oh. 31. one of section thirty-one of the Principal Act :-- ,,'Where there is an association representative of the miners, the secretary or other person authorised by such association may from time to time furnish to the warden a list or revised list of the members thereof for the use of the warden in the selection of experienced miners for any inquiry" held under this section, and the warden may select one or more of such members who are not otherwise disqualified by the provisions of this section." In subsection three of the said section, after the word" miners" the words" (who shall record their finding as to the nature and cause of the accident, and make such recommendations as appear to them necessary for

1916. -MINING. Mines Regulation Act Amendment Act. 7643 the prevention of similar accidents)" are inserted; and the following words are added after the said sub- section :-" The warden shall also announce the finding at the conclusion of the inquiry." ' In subsection four of the said section, the word " may" is repealed, and the words" shall on the appli- oation of the inspector, or the miners' inspectors, or whenever he thinks necessary" are inserted in lieu thereof. Subsection six of the said section is repealed, and the following subsection is inserted in lieu thereof :- (6.) The evidence taken at any inquiry held under this section may, if the Minister thinks fit, be submitted to the board of examiners appointed under this Act; and if it appears to the board from such evidence that the accident was caused directly or indirectly by the non-observance by the holder of any certificate, license, or permit under this Act of any of the provisions of this Act, or by reason of his negJigence, the board may require him to show cause why his certificate, license, or permit should not be suspended, cancelled, or otherwise dealt with. Every person so required to show cause shal1, when caJled upon, appear before the warden, who shall hold a further inquiry into the conduct of such person. Before the commencement of such further inquiry, the board shall, through the warden, furnish the person into whose conduct inquiry is made with a statement of the case on which the inquiry is instituted, and with a notification of the time and place at which he is to appear. If such person fails to appear, or the board finds after such further inquiry that he has been guilty of any offence against thjs Act or of any negligence or misconduct, the board may disqualify him by cancelling or suspending his certificate, license, or permit, or, if such certificate or license was granted by an authority outside the State, by cancelling or suspending the - approval thereof for such period as the board thinks fit; and during the period of such disqualification the person so disqualified shall be deemed not to hold a certificate, license, or permit. 15. After subsection three of section thirty-two of Amendment the Principal Act, the following subsection is added :_ of s. 32. (3A.) The manager of every mine shall keep in the office of the mine a register, and shall cause to be entered

7644 MINING. Mines Regulation Act Amendment Act. 7 GEO. V. No. 12, in that register the name, age, residence, date of first employment, and nature of employment of all boys under the age of eighteen years employed in the mine below ground, and also any change in the nature of such employment; no boy under the age of eighteen years shall be employed in any dangerous place in the mine. Amendment ()f s. 33. 16. The following provision is added to subsection one of section thirty-three of the Principal Act:- For the purposes of this subsection, "mine" means a place where any operation for the purpose of obtaining metal or mineral has been or is being carried on, but not a place where the products of any such place have been or are being crushed, smelted, treated, or otherwise dealt with. ( A )f m s. en 3 d 9 m . ent Princ 1 i 7 p . alInAcstu, btshecetiwonorodnse " o i f f stehcetioMn itnhiisrtteyr- nsoinedjroefcttsh,e" where they first occur, are repealed, and after the word "warden" the words "on the recommendation of the inspector" are inserted. In subsection six of the said section, after the word "production" the words" and also on the copy of such plans transmitted to the Minister as hereinbefore provided," are inserted. Amendment ()f s. 43. 18. In subsection four of section forty-three of the Principal Act, after the word" shall" the words "be published in the Gazette, and shall thereupon" are inserted; the following subsection is added to the said section :- (6.) The production of the Gazette containing such special rules shall be evidence of the establishment of such special rules under this Act. Amendment ()f s. 45. 19. In subsection foul' of section forty-five of the Principal Act the words " shall be so kept as to be quickly available for. use" are repealed, and the words" shall be constantly available for use. This subsection does not apply to any opening by which persons can walk into or out of the mine," are inserted in lieu thereof. After the said subsection, the following subsection is inserted :-- (4A.) Where apparatus is provided at any mine in compliance with this section, other than the apparatus ordinarily in use for the purpose of ingress or· egress, it shall not be deemed to be proper apparatus within the

1916. l\lINING. Mines Regulation Act Amendment Act. 7645 meaning of this Act unless, in the opinion of the inspector, it would suffice as a temporary means of ingress or egress for all persons in the mine on any working day and as an adequate means of egress in case of emergency, and until -he has certified to that effect in the record book. 20. After section fifty-one of the Principal Act, ,the following sections are inserted :- (51A.) In every mine required by this Act to be under Deputy. the control of a certificated manager, and in which safety lamps are used, a competent person shall be appointed as deputy, who shall make the inspections and carry out the duties necesgary for examining for the presence of gas, ascertaining the sufficiency of ventila- tion, and the state of the roof and sides, which duties shall be designated his statutory duties, and also for supervising the general duties of shot firers, and assisting in or carrying out such other matters relative to the general safety of the mine as are required to be performed by this Act. If it is made to appear to the Governor in Council that it is necessary for persons appointed as aforesaid to hold certificates of fitness to be deputy, the Governor in Council may prescribe the mines or districts in which the holding of such certificates shall be compulsory,. and may, in the manner provided by section sixty· eight of this Act and as an addition to the Schedule hereto, make rules for the granting and designation of such certificates, which the board of examiners under this Act are hereby authorised to grant accordingly. (51B.) If it is made to appear to the Governor in Mine .. Council that it is necessary for persons acting as mine eiectnollmSL electricians in or about a mine where the output of the generating plant exceeds thirty kilowatts, or so acting in any place in a mine where naked lights are prohibited notwithstanding that the output of the generating, plant is less than thirty kilowatts, should hold certificates under this Act as mine electricians, the Governor in Council may prescribe the mines or districts in which the holding of certificates as mine electricians shall be compulsory, and may, in the manner provided by section sixty-eight of this Act and as an addition to the Schedule hereto, make rules for the granting of such certificates, which the board of examiners under this Act are hereby authorised to grant accordingly.

7646 MINING.-MONEY LENDERS. Money Lenders Aot. 7 GEO. V. No. 13, Amendment 21. The following words are added to subsection of s. 54. two of section fifty-four of the Principal Act :-" and the manager shall further investigate the matter, and take steps to prevent any accident likely to result from such danger." Amendment 22. The following proviso is added to the first para- of s. 63. graph of section sixty-three of the Principal Act : - Provided that, for any offence against the special rules made with respect to any mine under section forty- three or section fifty-one of this Act, the owner, agent, or manager of such mine shall be deemed to be a person authorised to make a complaint. MONEY LENDERS. 7 Geo. V. An Act to Amend the Law with respect to Persons No.I3. THE MONEY carrying on business as Money Lenders. LENDERS ACT OF 1916. [ASSEN'l'ED TO 18TH DECEMBER, 1916.J B E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The Money Lenders amnedncceomme· nt. Act of 1916," and shall come into operation on the first day of January, one thousand nine hundred and seventeen. Repeal of 2. "The Usury Act of 1834" is repealed. 5 Wm. IV. N.o.lO. Interprets· 3. In this Act, unless the context otherwise indicates, ~ ~~ No. 2701, the fol~ owing ter~ s have the meanIngs set against them 138.3,4. respectIvely, that IS to say:- Court. "Court," where necessary, includes any judg~ of the court; Interest. "Interest" includes discount, premiums, bonus, commission, deduction, fine, penalty, renewal charge, fees, costs, charges, and expenses, whether preliminary or otherwise, or any money or money's worth or any other con- sideration whatever, and whether the same is charged, paid, given, or allowed directly or * 5 Wm. IV. No. 10, supra, page 3529.