Rural Machinery Safety Act and Another Act Amendment Act 1987 (Qld)

516 (tueen tanb ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE R EGINAE ? , ,T o. A O ' 7 An Act to amend the Rural MachinerySafety Act1976 and the Inspection of Machinery Act 1951- 1985 each in certain particulars [ASSENTED TO 30TH APRIL, 1987]

Rural Machinery Safety Act and Another Act Amendment Act 1987, No. 41 517 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Rural Machinery Safety Act and Another Act Amendment Act 1987. 2. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY ( ss. 1-2); PART II-AMENDMENT OF RURAL MACHINERY SAFETY ACT 1976 (ss. 3-6); PART III-AMENDMENT OF INSPECTION OF MACHINERY ACT 1951- 1985 (ss. 7-9). PART II-AMENDMENT OF RURAL MACHINERY SAFETY ACT 1976 3. Principal Act and amended citation . (1) In this Part the RuralMachinery Safety Act 1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Rural Machinery Safety Act 1976-1987. 4. New s. 9A. The Principal Act is amended by inserting after section 9 the following section:- "9A. Protection from liability . (1) An inspector shall not incur any liability for any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and without negligence. (2) Notwithstanding subsection (1), an inspector may be dealt with pursuant to the Public Service Act 1922-1978 for any contravention of, or failure to comply with, that Act by him.". 5. Amendment of s. 14 . Wheeled tractors - protective cab or frame. Section 14 of the Principal Act is amended by- (a) omitting from subsection (1) all words from and including the words "in accordance with" to the end of the subsection and substituting the following words:- (a) where the tractor was manufactured prior to I January 1978- (i) in accordance with the provisions of Australian Standard 1636-1984 Protective Cabs and Frames

518 Rural Machinery Safety Act and Another Act Amendment Act 1987, No. 41 for Agricultural Wheeled Tractors published by the Standards Association of Australia; or (ii) of a standard such as will in the opinion of the owner of the tractor adequately protect any person using it; (b) where the tractor was manufactured on or after 1 January 1978, in accordance with the provisions of Australian Standard 1636-1984 Protective Cabs and Frames for Agricultural Wheeled Tractors published by the Standards Association of Australia."; (b) in subsection (2)- (i) omitting from the end of paragraph (b) the expression "." and substituting the expression "• (ii) inserting after paragraph (b) the following paragraph:- "(c) a tractor manufactured prior to 1 January 1970.". 6. Amendment of s. 19. General Penalty. Section 19 of the Principal Act is amended by omitting the expression "$200" and substituting the words "four penalty units". PART III-AMENDMENT OF INSPECTION OF MACHINERY ACT 1951-1985 7. Principal Act and amended citation . (1) In this Part the Inspection of Machinery Act 1951-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Inspection of Machinery Act 1951-1987. 8. Amendment of s. 10 . Section 10 of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting subsection (2). 9. New s. 10A. The Principal Act is amended by inserting after section 10 the following section:- "10A. Protection from liability . (1) An inspector shall not incur any liability for any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and without negligence.

Rural Machinery Safety Act and Another Act Amendment Act 1987, No. 41 519 (2) Notwithstanding subsection (1), an inspector may be dealt with pursuant to the Public Service Act 1922-1978 for any contravention of, or failure to comply with, that Act by him.".