Scaffolding and Lifts Act 1912 (ACT)
Scaffolding and Lifts Act 1912
A1912-38
Republication No 7
Effective: 23 June 2021
Republication date: 23 June 2021
Last amendment made by A2021‑12
About this republication
The republished law
This is a republication of the Scaffolding and Lifts Act 1912 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Scaffolding and Lifts Act 1912
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Semidetached buildings 2
Part 1A Administration
5 Chief inspector 3
5A Inspectors 3
Part 2 Cranes, hoists, plant and scaffolding and building, excavation and compressed air work
6 Notices about erection of scaffolding and starting of building work etc 4
Part 3 Lifts
10 Notice of erection of lift 6
12A Smoking prohibited in lifts 6
Part 4 Inspection
13 Powers of inspectors 7
15 Inspector may give directions about scaffolding etc 7
Part 5 Miscellaneous
18 Notice of accidents 10
19 Act not to affect rights of person to recover damages 11
21 Determination of fees 11
24 Regulation-making power 12
Dictionary15
Endnotes
1 About the endnotes 19
2 Abbreviation key 19
3 Legislation history 20
4 Amendment history 24
5 Earlier republications 31
Scaffolding and Lifts Act 1912
An Act about scaffolding, lifts, cranes, building, excavation and compressed air work
Part 1Preliminary
Name of Act
This Act is the Scaffolding and Lifts Act 1912.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘chief inspector—see section 5.’ means that the term ‘chief inspector’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Semidetached buildings
For this Act, each building in a pair of semidetached buildings shall be deemed to be a separate building.
Part 1AAdministration
Chief inspector
The Minister may appoint a Chief Inspector of Scaffolding and Lifts (the chief inspector) for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
5AInspectors
(1)The Minister may appoint inspectors for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The chief inspector is also an inspector.
Part 2Cranes, hoists, plant and scaffolding and building, excavation and compressed air work
Notices about erection of scaffolding and starting of building work etc
(1)Every person before starting—
(a)to carry out any building work, excavation work or compressed air work in which any crane, hoist, plant or scaffolding is to be used; or
(b)to set up or build or set or place in position in connection with any building work, excavation work or compressed air work any crane, hoist, plant or scaffolding that had not been previously used in the ACT in connection with any such work; or
(c)to set up or build or set or place in position any crane, hoist, or scaffolding otherwise than as referred to in paragraphs (a) and (b);
shall serve on the chief inspector written notice of the person’s intention so to do by posting the notice to the chief inspector or leaving it at the address the Minister may, in writing, direct, at least 24 hours before starting to carry out the building work, excavation work or compressed air work, or to set up or build or set or place in position the crane, hoist, plant or scaffolding.
Maximum penalty: 20 penalty units.
(2)A direction under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)It shall not be necessary to allow any time to elapse after the service of a notice under subsection (1) in the case of an emergency arising from damage caused by lightning, explosion, fire, or rain.
(4)The provisions of this section shall not apply to or in relation to—
(a)any scaffolding that—
(i)is used in connection with ships in dock or on slips or in the erection or demolition of stacks of timber, goods or materials; or
(ii)is so placed that a person or object falling from it could not fall a distance of more than 1.8m; or
(b)the demolition of—
(i)a 1 storey building if the height of the building measured from the ground level at the lowest point (or, if a floor of the building is below the ground level at the lowest point, the lowest floor) to its highest point is not more than 4.6m; or
(ii)a structure if the height of the structure measured from its lowest point (the ground level at the lowest point) to its highest point is not more than 4.6m; or
(c)any building work in connection with a dwelling house if the work is carried out by the owner or occupier of the dwelling house without assistance from any other person; or
(d)building work, other than building work in relation to a single private dwelling house if the costs of the work does not exceed $2 000; or
(e)building work in relation to a single private dwelling house if the cost of the work does not exceed $55 000.
(5)In this section:
cost, of building work—see the Building Act 2004, section 84.
Part 3Lifts
Notice of erection of lift
Every person before starting to erect a lift shall serve on the chief inspector written notice of the person’s intention to start erecting the lift at least 24 hours before starting.
Maximum penalty: 10 penalty units.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
12ASmoking prohibited in lifts
(1)The lessee of a building containing a passenger lift shall ensure—
(a)that a notice bearing the words ‘SMOKING IS PROHIBITED’, or words to the like effect, is at all times displayed in a prominent part of the car of the lift; and
(b)that the notice is clearly visible and readily legible from the inside of the car.
Maximum penalty: 5 penalty units.
(2)A person using a passenger lift where such a notice is displayed shall not smoke in the car of the lift.
Maximum penalty: 1 penalty unit.
(3)It is a defence to a prosecution for an offence against subsection (1) that the commission of the offence arose out of the act of a person other than an employee of the defendant, being an act done without the knowledge or consent of the defendant.
Part 4Inspection
Powers of inspectors
Every inspector shall have power—
(a)to inspect and examine any lift, scaffolding, crane, hoist, plant or gear constructed or used, or in course of construction, or any building work, excavation work or compressed air work, and for that purpose may enter any building, place or premises at all reasonable times; and
(b)to make the examination and inquiries the inspector considers necessary to ascertain whether the requirements of this Act are being or have been complied with.
Inspector may give directions about scaffolding etc
(1)If it appears to an inspector—
(a)that the use of any lift or any scaffolding or crane or hoist or plant, or any gear used in connection with them or the way of carrying out any building work, excavation work or compressed air work would be dangerous to human life or limb; or
(b)that, with regard to any lift or any scaffolding or crane or hoist or plant or gear used in connection with them erected or used or in course of erection or any building work, excavation work or compressed air work, the regulations are not being complied with;
the inspector may give the written directions to the owner of or person using the lift or to the owner of or the person in charge or apparently in charge of the scaffolding, crane, hoist, plant, or gear or to the owner, contractor, person in charge or apparently in charge of the building work, excavation work or compressed air work that the inspector considers necessary to prevent accidents or to ensure a compliance with the regulations.
(2)The person must comply with the direction unless the person appeals against it in accordance with subsection (6).
(3)If an inspector gives any directions under subsection (1) because of subsection (1) (a), the inspector may at the time of giving the directions or subsequently order—
(a)the owner of or any persons using the lift in relation to which the directions are given forthwith to cease using the lift; or
(b)order the owner of or any persons working or using any scaffolding, crane, hoist, plant or gear in relation to which the directions are given to cease working or using the scaffolding, crane, hoist, plant or gear; or
(c)order the contractor or person in charge or apparently in charge of any building work, excavation work or compressed air work in relation to which the directions are given to discontinue the work.
(4)Any order, or variation of the order given under subsection (3), shall unless sooner revoked have effect until the directions have or any order on appeal from them has been complied with.
(5)Any order given under subsection (3) may specify the measures to be taken by the person to whom it is given to implement the order.
(6)A person to whom directions have been given under this section may, within 24 hours after the directions have been given, appeal against the directions to the Minister.
(7)A person who appeals against the directions of an inspector under subsection (6) shall give notice of the appeal to the inspector.
(8)The Minister shall hear and determine the appeal with all reasonable dispatch and shall, by written order given to the appellant (which order shall be final and conclusive), affirm, vary or rescind the direction.
(9)A person must not fail to comply with—
(a)a direction or order given to the person by an inspector under this section; or
(b)an order made by the Minister under this section.
Maximum penalty: 50 penalty units.
(10)In this section:
the Minister includes a person authorised by the Minister to hear appeals under this section.
Part 5Miscellaneous
Notice of accidents
(1)If an accident occurs in connection with any crane, hoist, lift, plant, scaffolding, gear, building work, excavation work, or compressed air work, and the accident—
(a)causes loss of life or serious personal injury; or
(b)is an accident involving any breakage, distortion, or damage to any loadbearing member or part of a crane, hoist, lift, plant, scaffolding, gear or supporting structure; or
(c)so disables any person working on or about the crane, hoist, lift, plant, scaffolding, gear, building work, excavation work, or compressed air work as to prevent the person from returning to work within 48 hours after the accident;
written notice of the accident shall forthwith be given to the chief inspector by the owner or person in charge of the crane, hoist, lift, plant, scaffolding or gear or by the person in charge of or contractor for the building work, excavation work or compressed air work, and the chief inspector shall, in addition, be notified orally of an accident to which paragraph (a) applies, as soon as possible after its occurrence.
Maximum penalty: 20 penalty units.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)No person shall move or in any way interfere with any crane, hoist, lift, plant, scaffolding, gear, or supporting structure, or part of it involved in any accident referred to in subsection (1), or any object, article, or thing whatsoever affected or damaged as a result of the accident, unless and until the person has obtained the permission of the chief inspector or an inspector so to do.
Maximum penalty: 20 penalty units.
(3)However, subsection (2) does not apply if any such movement or interference is necessary to aid or relieve any person involved in any accident or to prevent further injury to person or property.
Act not to affect rights of person to recover damages
Nothing in this Act operates to prejudice or affect any right that, if this Act had not been enacted, a person would have had to recover damages, take any suit or proceeding, or receive any payment or compensation in relation to any injury sustained by the person while—
(a)driving—
(i)any power crane; or
(ii)any power hoist used in building work or excavation work; or
(iii)any other power hoist controlled or operated from a platform, seat, cage or cab attached to or moving with the hoist unit; or
(b)acting as a rigger, dogger, scaffolder or crane chaser; or
(c)engaged in any building work, compressed air work, excavation work or in work in connection with any crane, gear, hoist, lift, plant, scaffolding or supporting structure to which any of the provisions of this Act apply.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)Without limiting subsection (1), a fee may be determined for or in relation to—
(a)applications for permits to erect lifts; and
(b)applications for learners permits; and
(c)reviewing the designs and descriptions of cranes, hoists, lifts, plant, scaffolding and gear; and
(d)the inspection and testing of cranes, hoists, lifts, plant, scaffolding and gear; and
(e)the notification of intention to begin building work, excavation work or compressed air work.
(3)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislation Assembly, under the Legislation Act.
(2)The regulations may make provision—
(a)prescribing all matters necessary or convenient to be prescribed in relation to notices of intention to set up or build or set or place in position any crane, hoist, plant or scaffolding or to erect any lift or to carry out any building work, excavation work or compressed air work; and
(b)prohibiting the erection or alteration of any lift, crane, or hoist without the permission of the chief inspector, and prescribing all matters necessary or convenient to be prescribed in connection with applications for the permission, and the plans and descriptions and other particulars to be lodged with the applications; and
(d)requiring that notice shall be given to the chief inspector if the ownership or right of control of a lift has been changed by sale, transfer or otherwise; and
(e)requiring cranes, hoists and lifts to be registered and prescribing matters in relation to their registration; and
(g)relating to—
(i)the proper design, construction, erection, use and maintenance of cranes, hoists, lifts, plant, scaffolding and gear; and
(ii)the duties of persons in charge of lifts, drivers of power cranes and power hoists and of riggers, doggers, scaffolders and crane chasers; and
(iii)the duties of persons in charge of or engaged in the erection, use, maintenance, or dismantling of cranes, hoists, lifts, plant or scaffolding; and
(iv)the way of carrying out building work, excavation work or compressed air work; and
(v)safeguards and measures to be taken for securing the safety and health of persons engaged in building work, excavation work or compressed air work, or at or in connection with cranes, hoists, lifts, plant, scaffolding or gear; and
(vi)the qualifications, powers and duties of the chief inspector and inspectors; and
(h)prescribing the precautions and measures to be taken for securing the safety of persons if the roof of any building or structure, whether constructed or in course of construction, is, or is intended to be, sheathed with asbestos cement or other brittle material.
(3)The regulations may adopt wholly or partially either specifically or by reference any of the standard rules, codes or specifications of Standards Australia, the British Standards Institution or other recognised authority relating to the design, construction, erection, use or maintenance of cranes, hoists, lifts, plant, scaffolding or gear.
(4)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· Minister (see s 162)
· person (see s 160).
area, of a building, means—
(a)for a 1 storey building—the area measured between the outer surfaces of the walls at the floor level of the building; or
(b)for a multistorey building—the total of the areas measured between the outer surfaces of the walls, at the floor level of each storey;
and includes the area of a garage, carport, verandah or other structure, whether or not it is attached to or forms part of the building.
automatic lift means any lift comprising a car or platform running between guides and capable of being operated from any landing, place or position outside the confines of the car or platform.
building work means work in constructing, erecting, adding to, altering, repairing, equipping, finishing, painting, cleaning or demolishing that, when done in relation to a building or structure, is done at or adjacent to the site of the building or structure and that, when done in relation to a ship, is done on or adjacent to a ship in dock or on slips.
chief inspector—see section 5.
compressed air work includes any work done by any person in air the atmospheric pressure of which exceeds 1 atmosphere.
contractor means a person, firm, partnership, company, or corporation employing any person to perform any building work excavation work or compressed air work.
crane means derrick crane, jib crane, cantilever crane, overhead travelling crane, bridge or gantry crane, locomotive crane, mobile crane, power shovel, excavator, charging crane, flying fox, or any other apparatus or contrivance used or capable of being used for raising, lowering, handling or transporting loads in like way, and includes the supporting structure and the gear used in connection with the crane, but does not include a lift or hoist.
crane chaser means a person employed to attend and sling loads, and to control the movements of loads, handled by a crane if the loads are usually at all times in full view of the crane driver.
dogger means a person directly responsible for slinging and controlling the movement of loads by a crane if the loads are not usually at all times in full view of the crane driver.
excavation work includes any work in relation to—
(a) excavating for or preparing foundations for a building or structure; or
(b) tunnelling; or
(c) the sinking or digging of a shaft or well; or
(d) excavating for water, sewerage, drainage, gas or electricity supply;
but does not include an excavation less than 1.5m deep (measured from the top of the excavation).
gear includes ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening, shackle, slipring, turnbuckle, stay, brace, block, bracket, pulley, kibble, box, bucket, grab, hose, electrical conductor or fitting, or other equipment used in connection with scaffolding, a lift, crane, hoist, or plant, or building working, excavation work, or compressed air work.
hoist means hoist or hoisting appliance, sheerlegs, derrick pole or other apparatus or contrivance used or capable of being used for raising, lowering, handling, or transporting loads in like way and includes a pile-driver or tilter and the supporting structure and the gear used in connection with the hoist, but does not include crane or lift.
inspector means a person who is an inspector under section 5A.
lift means apparatus or contrivance within or attached to a building or structure worked by any power other than hand by which persons or goods are raised or lowered, and includes the supporting structure, machinery, equipment, gear and enclosures used in connection with the lift, but does not include crane or hoist.
owner, of any crane, gear, hoist, lift, plant, or scaffolding, includes the owner, mortgagee in possession, lessee, hirer, or borrower of it.
passenger lift means a lift by which persons other than the attendant or persons required for loading or unloading goods are carried, and includes any lift certified by the chief inspector to be a passenger lift.
plant means—
(a)any machine or machinery driven by other than manual power; and
(b)any airlock and welding equipment;
used or intended for use in building work, excavation work, or compressed air work, and the gear used in connection with and the supporting structure of the plant, but does not include crane, hoist or lift.
power crane means any crane driven by other than manual power.
power hoist means any hoist driven by other than manual power.
rigger means a person directly in charge of—
(a)the initial work of erecting or placing in position the members of any type of structure other than scaffolding; or
(b)dismantling or demolishing structures other than scaffolding; or
(c)setting up cranes or hoists.
scaffolder means a person engaged in the work of erecting, altering or demolishing scaffolding if a person or object falling from the scaffolding could fall a distance of 4m or more.
scaffolding means structure, staging, platform, or swinging stage or boatswain’s chair set up or used for or in connection with the carrying out of—
(a)building work; or
(b)the erection or dismantling of machinery, plant or equipment; or
(c)the erection or demolition of stacks of timber, goods or materials;
and includes the supporting structure and gear used in connection with the scaffolding.
supporting structure means any structure, structural member or foundation (including any part of a building or its foundations) subject in any way to direct or indirect loading as the result of the installation or use of scaffolding, a lift, crane, hoist or plant.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a NSW Act—the Scaffolding and Lifts Act 1912 A1912‑38 (NSW).
The Scaffolding and Lifts Act 1912 (NSW) was applied, in a modified form, as an ACT law by the Scaffolding and Lifts Act 1957 (now repealed).
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
NSW legislation
Scaffolding and Lifts Act 1912 A1912‑38
assented to 26 November 1912
commenced 26 November 1912
as amended by
Factories and Shops (Amendment) Act 1936 Act 1936 No 37 s 5
assented to 23 July 1936
s 5 commenced 31 July 1936 (s 1 (4) and NSW Gaz 1936 No 122)
Statute Law Revision Act 1937 Act 1937 No 35 sch 2
assented to 23 December 1937
sch 2 commenced 23 December 1937
Scaffolding and Lifts (Amendment) Act 1942 Act 1942 No 35
assented to 24 December 1942
commenced 18 January 1943 (s 1 (4) and NSW Gaz 1943 No 8)
Scaffolding and Lifts (Amendment) Act 1948 Act 1948 No 38
assented to 14 December 1948
commenced 1 June 1950 (s 1 (4) and NSW Gaz 1950 No 85)
Commonwealth legislation
Scaffolding and Lifts Act 1957 A1957‑8 sch pt 1 (as am by Ord1966‑19 s 7; Ord1974‑26; Ord1976‑7; Ord1977‑28; Ord1978‑17; Ord1981‑15; Ord1983‑34 s 5; Ord1989‑38 sch 1)
notified 19 September 1957 (Cwlth Gaz 1957 No 51)
commenced 19 September 1957
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19 s 7
notified 23 December 1966 (Cwlth Gaz 1966 No 109)
commenced 23 December 1966
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts Ordinance 1974 Ord1974‑26
notified 30 July 1974 (Cwlth Gaz 1974 No 62)
commenced 30 July 1974
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts Ordinance 1976 Ord1976‑7
notified 24 February 1976 (Cwlth Gaz 1976 No S38)
commenced 24 February 1976
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts (Amendment) Ordinance 1977 Ord1977‑28
notified 1 July 1977 (Cwlth Gaz 1977 No S124)
commenced 1 July 1977
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts (Amendment) Ordinance 1978 Ord1978‑17
notified 4 July 1978 (Cwlth Gaz 1978 No G26)
commenced 4 July 1978
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts (Amendment) Ordinance 1981 Ord1981‑15
notified 30 June 1981 (Cwlth Gaz 1981 No S128)
commenced 30 June 1981NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Scaffolding and Lifts (Amendment) Ordinance 1983 Ord1983‑34
notified 29 September 1983 (Cwlth Gaz 1983 No S226)
commenced 1 October 1983 (s 2)
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
NoteThis ordinance only amends the Scaffolding and Lifts Act 1957 A1957‑8.
Legislation after becoming Territory enactment
Statute Law Revision (Penalties) Act 1994 A1994‑81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 and Gaz 1994 No S269)
Statute Law Revision Act 1995 A1995‑46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Utilities (Consequential Provisions) Act 2000 A2000‑66 sch 1 pt 15
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2001 (IA s 10B)sch 1 pt 15 commenced 1 January 2001 (s 2 (1) and Gaz 2000 No S69)
Statute Law Amendment Act 2001 A2001‑11 sch 3
notified 29 March 20001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 358
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 358 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Construction Occupations Legislation Amendment Act 2004 A2004‑13 sch 2 pt 2.25
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.25 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.84
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.84 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.91
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.91 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.53
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.53 commenced 23 June 2021 (s 2 (1))Amendment history
Title
titlesub A2001‑11 amdt 3.199
Name of Act
s 1am Act 1942 No 35 (NSW) s 6; Act 1948 No 38 (NSW) s 6; Ord1957‑8 sch pt 1 (as am Ord1977‑28 s 4)
sub A2001‑11 amdt 3.200
Dictionary
s 2om Ord1957‑8 sch pt 1
ins A2001‑11 amdt 3.201
am A2007‑3 amdt 3.464
Notes
s 3orig s 3 am Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
defs reloc to dict A2001‑11 amdt 3.202
am A2001‑11 amdt 3.203, amdt 3.206
s 3 (2) renum as s 4 A2001‑44 amdt 3.204
pres s 3 ins A2001‑11 amdt 3.201
def approved plans and specifications ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
om A2001‑11 amdt 3.203
def authorised attendant am Act 1942 No 35 (NSW) s 2
om A2001‑11 amdt 3.203
def automatically controlled lift am Act 1942 No 35 (NSW) s 2
om Act 1948 No 38 (NSW) s 2
def chief inspector ins Act 1942 No 35 (NSW) s 2
sub Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
om A2001‑11 amdt 3.203
def commercial building work ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2; as om Ord1977‑28 s 5)
def cost ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2; Ord1977‑28 s 5)
om A2001‑11 amdt 3.203
def dogman ins Ord1957‑8 sch pt 1
om A2001‑11 amdt 3.203
def engine am Act 1942 No 35 (NSW) s 2
sub Act 1942 No 35 (NSW) s 2
om Act 1948 No 38 (NSW) s 2
def excavation work ins Act 1948 No 38 (NSW) s 2
am A2000‑66 sch 1 pt 15
om A2001‑11 amdt 3.203
def horizontal base am Act 1942 No 35 (NSW) s 2
om Act 1942 No 35 (NSW) s 2
def inspector am Act 1942 No 35 (NSW) s 2
sub Ord1957‑8 sch pt 1
om A2001‑11 amdt 3.203
def network facility ins A2000‑60 sch 1 pt 15
om A2001‑11 amdt 3.203
def prescribed ins Act 1942 No 35 (NSW) s 2
om A2001‑11 amdt 3.203
def residential building work ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2; as om Ord1977‑28 s 5)
def scaffolder ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
om A2001‑11 amdt 3.203
def steam crane am Act 1942 No 35 (NSW) s 2
om Act 1942 No 35 (NSW) s 2
def the building regulations ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
om A2001‑11 amdt 3.203
Semidetached buildings
s 4 hdgins A2001‑11 amdt 3.205
s 4orig s 4 om Ord1957‑8 sch pt 1
(prev s 3 (2)) renum A2001‑11 amdt 3.204
Act not to apply to certain cranes, lifts, building work etc
s 4Ains Act 1948 No 38 (NSW) s 2
om Ord1957‑8 sch pt 1
Act to bind Crown
s 4Bins Act 1948 No 38 (NSW) s 2
om Ord1957‑8 sch pt 1
Administration
pt 1A hdgins A2001‑11 amdt 3.207
Chief inspector
s 5am Act 1942 No 35 (NSW) s 3
om Ord1957‑8 sch pt 1
ins A2001‑11 amdt 3.207
am A2007‑3 amdt 3.465
Inspectors
s5A ins Act 1948 No 38 (NSW) s 2
om Ord1957‑8 sch pt 1
ins A2001‑11 amdt 3.207
am A2007‑3 amdt 3.465
Cranes, hoists, plant and scaffolding and building, excavation and compressed air work
pt 2 hdgam Act 1942 No 35 (NSW) s 6
sub Act 1948 No 38 (NSW) s 3
Notices about erection of scaffolding and starting of building work etc
s 6am Act 1942 No 35 (NSW) s 4; Act 1948 No 38 (NSW) s 3; Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2; Ord1977‑28 s 5; Ord1981‑15 s 2); A1994‑81 sch; A2001‑11 amdts 3.208-3.312; A2001‑44 amdt 1.3869, amdt 1.3870; A2004‑13 amdt 2.90
Scaffolding etc to be in accordance with regulations
s 7am Act 1942 No 35 (NSW) s 4
om Act 1948 No 38 (NSW) s 3
Proclamation of new regulations
s 8am Act 1942 No 35 (NSW) s 4
om Act 1948 No 38 (NSW) s 3
Mode of proclaiming amendments of Second Schedule
s 9om Act 1948 No 38 (NSW) s 3
Notice of erection of lift
s 10am Act 1942 No 35 (NSW) s 5; Act 1948 No 38 (NSW) s 3; Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch; A2001‑11 amdt 3.213; A2007‑3 amdt 3.466
Authorised attendant to be in charge of lift
s 11am Act 1948 No 38 (NSW) s 3; Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch
om A2001‑11 amdt 3.214
Name of attendant to be shown on lift
s 12am A1994‑81 sch
om A2001‑11 amdt 3.214
Smoking prohibited in lifts
s 12Ains Ord1957‑8 sch pt 1 (as am Ord1978‑17 s 2)
am A1994‑81 sch
Powers of inspectors
s 13sub Act 1942 No 35 (NSW) s 5
am Act 1948 No 38 (NSW) s 4; Ord1957‑8 sch pt 1; A2001‑11 amdt 3.215
Inspector may suspend incompetent attendant
s 14am Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch
om A2001‑11 amdt 3.216
Inspector may give directions about scaffolding etc
s 15am Act 1936 No 37 (NSW) s 5; Act 1942 No 35 (NSW) s 5; Act 1948 No 38 (NSW) s 4; Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch; A1995‑46 sch; A2001‑11 amdts 3.217-3.229
Obstruction etc of inspectors
s 16am Act 1942 No 35 (NSW) s 5; Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch
sub A2001‑11 amdt 3.230
om A2004‑15 amdt 2.174
Power crane and power hoist drivers
s 17am Act 1936 No 37 (NSW) s 5; Act 1942 No 35 (NSW) s 5
sub Act 1948 No 38 (NSW) s 5
am Ord1957‑8 sch pt 1 (as am Ord1976‑7 s 3); A1998‑54 sch
om A2001‑11 amdt 3.231
Riggers, dogmen, scaffolders and crane chasers
s 17Ains Act 1948 No 38 (NSW) s 5
am Ord1957‑8 sch pt 1 (as am Ord1976‑7 s 3); A1998‑54 sch
om A2001‑11 amdt 3.231
Miscellaneous
pt 5 hdgorig pt 5 hdg am Act 1942 No 35 (NSW) s 6
sub Act 1948 No 38 (NSW) s 5
om A2001‑11 amdt 3.231
ins A2001‑11 amdt 3.232
Notice of accidents
s 18am Act 1942 No 35 (NSW) s 5
sub Act 1948 No 38 (NSW) s 6
am Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7; Ord1976‑7 s 3); A1994‑81 sch; A2001‑11 amdts 3.233-3.239; A2007‑3 amdt 3.466
Act not to affect rights of person to recover damages
s 19ins Act 1948 No 38 (NSW) s 6
am Ord1957‑8 sch pt 1; A2001‑11 amdts 3.240-3.243
Approved forms
s 20ins Act 1948 No 38 (NSW) s 6
om A2001‑11 amdt 3.244
ins A2001‑11 amdt 3.245
sub A2001‑44 amdt 1.3871
omA2021-12 amdt 3.164
Determination of fees
s 21ins Act 1948 No 38 (NSW) s 6
am Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7); A1994‑81 sch
om A1998‑54 sch
ins A2001‑11 amdt 3.245
am A2001‑44 amdt 1.3872, amdt 1.3873
Fees payable to Territory in accordance with determinations etc
s 22orig s 22 renum as s 24
ins A2001‑11 amdt 3.245
om A2001‑44 amdt 3.874
Regulations may make provision about fees
s 23ins A2001‑11 amdt 3.245
om A2001‑44 amdt 3.874
Regulation-making power
s 24 hdg(prev s 22 hdg) sub A2001‑11 amdt 3.254
renum A2001‑11 amdt 3.254
s 24(prev s 22) ins Act 1948 No 38 (NSW) s 6
am Ord1957‑8 sch pt 1 (as am Ord1966‑19 s 7; Ord1983‑34 s 5; Ord1989‑38 sch 1); A1998‑54 sch; A2001‑11 amdts 3.247-3.253
renum A2001‑11 amdt 3.254
am A2001‑44 amdt 1.3875, amdt 1.3876
Transitional
pt 6 hdgsub Act 1948 No 38 (NSW) s 6
om A2001‑11 amdt 3.232
ins A2001‑11 amdt 3.255
exp 29 March 2002 (s 29 (1))
Existing chief inspector
s 25ins A2001‑11 amdt 3.255
exp 29 March 2002 (s 29 (1))
Existing inspectors
s 26ins A2001‑11 amdt 3.255
exp 29 March 2002 (s 29 (1))
Existing fees
s 27ins A2001‑11 amdt 3.255
exp 29 March 2002 (s 29 (1))
Existing regulations
s 28ins A2001‑11 amdt 3.255
am A2001‑44 amdt 1.3877
exp 29 March 2002 (s 29 (1))
Expiry of pt 6
s 29ins A2001‑11 amdt 3.255
am A2001‑44 amdt 1.3878
exp 29 March 2002 (s 29 (1))
Repeal of Acts
sch 1om Ord1957‑8 sch pt 1
Regulations
sch 2am Act 1937 No 35 (NSW) sch 2
om Act 1948 No 38 (NSW) s 6
Dictionary
dictins A2001‑11 amdt 3.256
am A2007‑3 amdt 3.467
def area ins A2001‑11 amdt 3.256
def automatic lift ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def building work ins Act 1942 No 35 (NSW) s 2
am Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def chief inspector ins A2001‑11 amdt 3.256
def compressed air work ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def contractor ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def crane ins Act 1942 No 35 (NSW) s 2
am Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def crane chaser ins Ord1957‑8 sch pt 1
reloc from s 3 A2001‑11 amdt 3.202
def credit card ins A2001‑11 amdt 3.256
om A2007‑3 amdt 3.468
def dogger ins A2001‑11 amdt 3.256
def excavation work ins A2001‑11 amdt 3.256
def gear am Act 1942 No 35 (NSW) s 2
sub Act 1942 No 35 (NSW) s 2
am Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def hoist ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def inspector ins A2001‑11 amdt 3.256
def lift am Act 1942 No 35 (NSW) s 2
sub Act 1942 No 35 (NSW) s 2
am Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def owner ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def passenger lift am Act 1942 No 35 (NSW) s 2
sub Act 1942 No 35 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def plant ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def power crane ins Act 1942 No 35 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def power hoist ins Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def rigger ins Ord1957‑8 sch pt 1 (as am Ord1974‑26 s 2)
reloc from s 3 A2001‑11 amdt 3.202
def scaffolder ins A2001‑11 amdt 3.256
def scaffolding am Act 1942 No 35 (NSW) s 2
sub Act 1942 No 35 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
def supporting structure ins Act 1942 No 35 (NSW) s 2
am Act 1948 No 38 (NSW) s 2
reloc from s 3 A2001‑11 amdt 3.202
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 Ord1983‑34 31 August 1992 2 A1995‑46 1 January 1996 3 A2001‑44 21 August 2002 4 A2004‑15 9 April 2004 5 A2004‑15 1 September 2004 6 A2007‑3 12 April 2007
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