Scaffolding and Lifts Act 1957 (ACT)

Case

Scaffolding and Lifts Act 1957 (repealed)

A1957-8

Republication No 3

Effective:  30 March 2001

Republication date: 20 January 2020

As repealed by A2001-11 sch 4 pt 4.1

About this republication

The republished law

This is a republication of the Scaffolding and Lifts Act 1957 (repealed) effective 30 March 2001. 

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 (Republication) Act 1996, part 3, division 2 authorised 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 (Republication) Act 1996, s 14 and s 16). 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.

    SCAFFOLDING AND LIFTS act 1957

    This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

    TABLE OF PROVISIONS

    Section

    Part I—Preliminary

    1.Short title

    3.Repeal and saving

    4. Interpretation

    6.Appointment of Chief Inspector etc.

    6A.Fees payable

    6B. Power of Minister to determine fees

    Part II—Application Of The Scaffolding And Lifts Act And Regulations Of The State Of New South Wales

    7. Application and modifications

    8. Interpretation

    Part III—Regulations

    9. Regulations

    The Schedule

    Part I

    Modifications of the Scaffolding and Lifts Act 1912 of the State of New South Wales in its Application in the Territory

    Part II

    Modifications of the Scaffolding and Lifts Regulations of the State of New South Wales in their Application in the territory

    SCAFFOLDING AND LIFTS act 1957

    An Act relating to Scaffolding, Lifts and Cranes and to Building, Excavation and Compressed Air Work

    Part I—Preliminary

    1. Short title

      This Act may be cited as the Scaffolding and Lifts Act 1957.1

    2. Repeal and saving

    3. Subject to the next succeeding subsection, the Scaffolding and Lifts Ordinance 1941, the Scaffolding and Lifts Ordinance 1942, the Scaffolding and Lifts Ordinance 1946, the Scaffolding and Lifts Ordinance 1953 and the Scaffolding and Lifts Ordinance (No. 2) 1953 are repealed.

    4. Notwithstanding the repeal effected by the last preceding subsection, section sixteen of the Scaffolding and Lifts Ordinance 1941 shall continue in force until section seventeen of the Scaffolding and Lifts Act commences to apply in the Territory as a law of the Territory.

    5. All certificates duly granted under section sixteen of the Scaffolding and Lifts Ordinance 1941, or that Ordinance as amended at any time, and in force when section seventeen of the Scaffolding and Lifts Act commences to apply by force of this Act in the Territory as a law of the Territory, shall be deemed to have been duly granted under that last-mentioned section and as if that last-mentioned section had applied in the Territory as a law of the Territory when they were granted.

    1. All notices, orders and authorities duly given, all certificates duly granted and all acts and things duly done under or in accordance with any of the provisions of an Ordinance repealed by this section (other than section sixteen of the Scaffolding and Lifts Ordinance 1941 or that Ordinance as amended at any time) or of a law of the State of New South Wales which was adopted as a law of the Territory by, or which applied as a law of the Territory by virtue of, such an Ordinance and in force at the commencement of this Act shall be deemed to be and to have been duly given, granted or done under or in accordance with the corresponding provisions of the Scaffolding and Lifts Act in its application in the Territory, or the Scaffolding and Lifts Regulations in their application in the Territory, and as if this Act had been in force when they were given, granted or done, respectively.

    2. A person who, immediately before the commencement of this Act, held office as the Chief Inspector of Scaffolding and Lifts, or as an inspector, under the Scaffolding and Lifts Ordinance 1941 shall hold office as the Chief Inspector of Scaffolding and Lifts or as an inspector, as the case may be, under this Act as if he had been appointed to that office under this Act.

    3. Interpretation

      In this Act, unless the contrary intention appears—

      “the Scaffolding and Lifts Act” means the Scaffolding and Lifts Act1912 of the State of New South Wales;

      “the Scaffolding and Lifts Regulations” means the regulations made under the Scaffolding and Lifts Act and published in the supplement to the Government Gazette of the State of New South Wales on the twenty-fifth day of May, One thousand nine hundred and fifty, being those regulations as amended before the commencement of this Act.

    4. Appointment of Chief Inspector etc.

      The Minister may appoint a Chief Inspector of Scaffolding and Lifts and such other inspectors as he considers necessary for the purpose of securing observance of this Act and the Regulations.

    6A. Fees payable

    There are payable to the Territory such fees as may be determined by the Minister under section 6B for the purposes of this section in respect of—

    (a)applications for permits to erect lifts and for learners’ permits;

    (b)reviewing the designs and descriptions of cranes, hoists, lifts, plant, scaffolding and gear and the inspection and testing of cranes, hoists, lifts, plant, scaffolding and gear;

    (c)the examination of applicants for—

    (i)certificates of competency as power crane drivers, power hoist drivers, riggers, dogmen, scaffolders and crane chasers; and.

    (ii)certificates as authorised attendants,

    and the issue of such certificates and copies of such certificates; and

    (d)the notification of intention to commence building work, excavation work or compressed air work.

    6B. Power of Minister to determine fees

    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.

    Part II—Application Of The Scaffolding And Lifts Act And Regulations Of The State Of New South Wales

    7.3        Application and modifications

    1. The provisions of the Scaffolding and Lifts Act, other than sections eleven, twelve, seventeen and seventeen A, apply, as from the commencement of this Act, by force of this Act in the Territory as laws of the Territory, subject to the next succeeding section and to the modifications prescribed in Part I of the Schedule to this Act.

    2. The provisions of the Scaffolding and Lifts Regulations, other than subregulation (1) of regulation sixty-eight, paragraph (b) of regulation seventy, regulation seventy-two A, Part XIV, Part XV and the First Schedule, apply, as from the commencement of this Act, by force of this Act in the Territory as laws of the Territory, subject to the modifications prescribed in Part II of the Schedule to this Act.

    3. Sections eleven, twelve, seventeen and seventeen A of the Scaffolding and Lifts Act and subregulation (1) of regulation sixty-eight, paragraph (b) of regulation seventy, regulation seventy-two A, Part XIV and Part XV of, and the First Schedule to, the Scaffolding and Lifts Regulations apply, as from a date to be fixed by the Minister by notice in the Gazette, by force of this Act in the Territory as laws of the Territory, subject, where appropriate, to the next succeeding section and to the modifications prescribed in Part I or Part II of the Schedule to this Act.

    4. For the purpose of enabling the provisions of the Scaffolding and Lifts Act and the provisions of the Scaffolding and Lifts Regulations specified in the last preceding subsection to be brought into operation on the date fixed by the Minister in pursuance of that subsection, the Chief Inspector of Scaffolding and Lifts may, before that date, grant certificates of competency as a rigger, dogman, scaffolder or crane chaser, or certificates as an authorized attendant, in pursuance of those provisions as if those provisions had commenced to apply by force of this Act in the Territory as laws of the Territory on the date of commencement of this Act, but a certificate of competency, or a certificate, so granted shall not have any force or effect until the date so fixed by the Minister in pursuance of that subsection.

    5. Interpretation

      In the application in the Territory of the Scaffolding and Lifts Act—

      (a)a reference in that Act to the Minister shall be read as a reference to the Minister for the time being administering this Act;

    (b)a reference in that Act to regulations made under that Act shall be read as a reference to the Scaffolding and Lifts Regulations in their application in the Territory; and

    (c)a reference in that Act to the Gazette shall be read as a reference to the Australian Capital Territory Gazette.

    Part III—Regulations

    1. Regulations

    2. The Executive may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for prescribing penalties not exceeding—

      (a)in the case of a natural person—10 penalty units; and

    (b)in the case of a body corporate—50 penalty units;

    for offences against the regulations.

    1. The Regulations may repeal or amend any of the provisions of the Scaffolding and Lifts Regulations in their application in the Territory.

    The Schedule  Section 7

    Part I

    Modifications Of The Scaffolding And Lifts Act 1912 Of The State Of New South Wales In Its Application In The Territory

    *                  *                *                 *                 *                 *

    Part II

    MODIFICATIONS OF THE SCAFFOLDING AND LIFTS REGULATIONS OF THE STATE OF NEW SOUTH WALES IN THEIR APPLICATION IN THE TERRITORY

    *                  *                *                 *                 *                 *

    NOTES

    1.  The Scaffolding and Lifts Act 1957 as shown in this reprint comprises Act No. 8, 1957 amended as indicated in the Tables below.

    Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.

    2.  The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.

    Table 1

    Table of Ordinances

    Ordinance

    Number 

    and year

    Date of

    notification

    in Gazette

    Date of

    commencement

    Application, saving or transitional provisions
    Scaffolding and Lifts Ordinance 1957 8, 1957 19 Sept 1957 19 Sept 1957
    Ordinances Revision (Decimal Currency) Ordinance 1966 19, 1966 23 Dec 1966 23 Dec 1966 —
    Scaffolding and Lifts Ordinance 1968 5, 1968 21 Mar 1968 21 Mar 1968 —
    Scaffolding and Lifts Ordinance 1974 26, 1974 30 July 1974 30 July 1974 —
    Scaffolding and Lifts Ordinance 1976 7, 1976 24 Feb 1976 24 Feb 1976 —
    Scaffolding and Lifts  (Amendment) Ordinance 1977 28, 1977 1 July 1977 1 July 1977 —
    Scaffolding and Lifts  (Amendment) Ordinance 1978 17, 1978 4 July 1978 4 July 1978 —
    Scaffolding and Lifts  (Amendment) Ordinance  1981 15, 1981 30 June 1981 30 June 1981 —
    Scaffolding and Lifts  (Amendment) Ordinance  1982 15, 1982 7 May 1982 7 May 1982 —
    Scaffolding and Lifts  (Amendment) Ordinance  (No. 2) 1982 68, 1982 18 Aug 1982 18 Aug 1982 —
    Scaffolding and Lifts  (Amendment) Ordinance  1983 34, 1983 29 Sept 1983 1 Oct 1983 —
    Self-Government (Consequential Amendments) Ordinance 1989 38, 1989  10 May 1989 Ss. 1 and 2:  10 May 1989 Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164) —

    Self-Government day 11 May 1989

    Table 2

    Table of Acts

    Act

    Number 

    and year

    Date of

    notification

    in Gazette

    Date of

    commencement

    Application, saving or transitional provisions
    Acts Revision (Position of Crown) Act 1993 44, 1993 27 Aug 1993 27 Aug 1993 (see s. 2) —
    (Reprinted as at 31 December 1993)
    Statute Law Revision (Penalties) Act 1998 54, 1998 27 Nov 1998

    Ss. 1 and 2:  27 Nov 1998
    Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)

    		 —
    repealed by
    Statute Law Amendment Act 2001 11, 2001 29 Mar 2001 29 Mar 2001

    Table of Amendments

    ad. = added or inserted   am. = amended     rep. = repealed   rs. = repealed and substituted

    Provision                   How affected

    S. 2.................................... rep. No. 28, 1977
    S. 5.................................... rep. Act No. 44, 1993
    S. 6A.................................. ad. No. 34, 1983
      am. No. 38, 1989
    S. 6B.................................. ad. No. 34, 1983
    S. 8.................................... am. No. 38, 1989
    S. 9.................................... am. No. 19, 1966; No. 38, 1989; Act No. 54, 1998

    The Schedule................... am. No. 19, 1966; No. 5, 1968; No. 26, 1974; No. 7, 1976; No. 28, 1977; No. 17, 1978; No. 15, 1981; Nos. 15 and 68, 1982; No. 34, 1983; No. 38, 1989

    3. Section 7—The modifications made by Part I and Part II of the Schedule have been incorporated in the reprint of the Scaffolding and Lifts Act 1912 of the State of New South Wales and the Scaffolding and Lifts Regulations of the State of New South Wales respectively both of which are published separately.

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