Scaffolding and Lifts (Amendment) Act 1960 (NSW)
SCAFFOLDING AND LIFTS (AMENDMENT) ACT.
Act No. 9, 1960.
Elizabeth n. An Act to make certain provisions in respect of the No. 9 ^960 . design, construction and use of amusement
devices and public stands, and the notification of certain accidents happening in connection with such devices and stands; for these and other purposes to amend the Scafiblding and Lifts Act, 1912, the Local Government Act, 1919, and certain other Acts; and for purposes con nected therewith. [Assented to, 25th March, I960.]
T>E it enacted by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows; —
| Short title | 1. (1) This Act may be cited as the “Scaffolding and (2) The Scaffolding and Lifts Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Scaffolding and Lifts Act, 1912-1960. |
| citation | (Amendment) Act, 1960”. |
| Amendment | 2. | The Scaffolding and Lifts Act, 1912-1958, is amended— |
| of Act No. 38, 1912. |
| Sec. 3. | (a) (i) by inserting in section three next before the |
| (Defini | definition of “Authorised attendant” the follow “Amusement device” means a structure used or designed or intended for use or |
| tions.) | ing new definition : —- |
capable
| Scaffolding and Lifts (Amendment) Act. | 65 |
capable of being used for amusement, no. 9, i960.
games, recreation, sightseeing or e n t e r - ----
tainment—
| (a) | whereon persons are or may be | |||
|
supported—
(i) by the structure whilst it is or may be in motion, or
(ii) by any part thereof or by any car, carriage, platform, cage, boat, plank, chair, seat, device or thing while such part, car, carriage,
| |||
| plank, chair, seat, device or thing is or may be in motion, and |
| (b) | for or in connection with the operation of which power other than manual power is or may be used, |
and includes the supporting structure and access structures and the machinery, equipment and gear used, designed, intended to be used, or capable of being used, in connection with the amusement device, and every car, carriage, platform, cage, boat, plank, chair, seat, device or thing referred to in subparagraph (ii) of paragraph (a) of this definition but does not include a conveyor, crane, hoist or lift.
(ii) by inserting in the definition of “Gear” in the same section after the word “plant,” where secondly occurring the words “amusement device, public stand,” ;
(iii) by inserting in the definition of “Owner” in the same section after the word “plant,” the words “amusement device, public stand,” ;
| 12995-3 | (iv) |
Scaffolding and Lifts (Amendment) Act.
| No. 9, I960. | (iv) by inserting in the same section next after the definition of “Prescribed” the following new definition; — |
“Pubhc stand” means a stand temporarily erected or temporarily set up to support members of the public viewing or listen ing to a procession, concert, meeting,
| reception, | performance, | exhibition, |
carnival, gymkhana, rodeo, sporting con test, sporting display, athletic display, cinematographic, radio or television dis play or performance, or the like, and includes the supporting structure and access structures and the gear used in connection with the public stand.
(v) by omitting from the definition of “Supporting structure” in the same section the words “or plant” and by inserting in lieu thereof the words “plant, amusement device or public stand” ;
| Sec. 4. | (b) by inserting at the end of section four the following |
| (Places | proviso: — |
| ■within | |
| which |
| Act shall | Provided that— |
| operate.) | (a) the provisions of this Act which apply to or in respect of amusement devices and public stands shall have effect in the whole of the State of New South Wales and for the purposes of those provisions the whole of the said State shall be deemed to be a district; | |
|
| Sec. 4a. | (c) by inserting in paragraph (a) of section 4a after the |
| (Act not | word “gear” the words and symbols “ (other than |
| to apply | |
| to certain | gear used in connection with an amusement device |
| cranes, lifts, | or public stand)” ; |
| building |
| work, etc.) | (d ) |
Scaffolding and Lifts (Amendment) Act.
| (d) by omitting | from section five the following no. 9, i960. |
words: —
Sec. 5.
“The Chief Inspector so appointed shall have (Appoint-
| and may exercise and discharge in or in relation | . |
| to any district in which this Act has effect for the time being, the powers, authorities, duties and func tions conferred and imposed by or under this Act on the Chief Inspector. | |
| Each inspector so appointed shall have and may exercise and discharge in or in relation to any dis trict in which this Act has effect for the time being, the powers, authorities, duties and functions con ferred and imposed by or under this Act on an inspector.” ; |
| (e) | by inserting in paragraph (a) of section thirteen Sec. 13. after the word “hoist,” the words “amusement (Powers of device, public stand,” ; inspectors.) |
| (f) by inserting at the end of | section fourteen the Sec. 14. |
| following new subsection : — | may suspend |
| (Inspector |
(2) Where it appears to an inspector that any a"t°ndant" ̂
person operating an amusement device is careless, incompetent, or untrustworthy, the inspector may direct such person to, and he shall thereupon, cease to operate such device; and if the owner, or person in charge, of any amusement device who has notice of such direction employs, instructs or allows such person to operate any amusement device without the authority in writing of an inspector, he shall be liable to a penalty not exceeding fifty pounds.
(g) (i) by inserting in paragraph (a) of subsection one sec. 15.
of section fifteen after the word “hoist” the (inspector
words “or amusement device or public stand” ;
as to
(ii) by inserting in paragraph (b) of the same sub- scaffolding, section after the word “hoist” the words “or amusement device or public stand” ;
(iii)
68 ScafiFoIding and Lifts (Amendment) Act.
| No. 9, 1960. | (iii) |
word “hoist,” where thirdly occurring the words
“amusement device, public stand,” ;
(iv) by omitting from paragraph (b) of subsection two of the same section the word “order” ;
(v)
| word “using” wherever occurring the words “or operating” ; |
(vi) by inserting in the same paragraph after the word “hoist,” wherever occurring the v. ôrds “amusement device,” ;
(vii)
following new paragraph : —
(bl) the owner or person in charge or appar ently in charge of any public stand in respect of which such directions are given to desist from using such public stand or to refrain from permitting per sons to use such public stand; or;
(viii) by omitting from paragraph (c) of the same subsection the word “order” ;
| Sec. 18. | (h) (i) |
| (Notice of | after the word “hoist” where firstly, secondly, |
| accidents.) | thirdly and fifthly occurring the words “amuse ment device, public stand,” ; |
(ii) by inserting in the same subsection after the word “hoist,” where fourthly occurring the words “amusement device,” ;
(iii)
|
ment device, public stand,”
(iv)
the following new subseetion ; —
| (4) A prosecution of any person for an offence under this section may, notwithstanding any limit of time prescribed by any Act for instituting |
| Scaffolding and Lifts (Amendment) Act. | 69 |
instituting proceedings, be commenced at any no. 9, i960.
time within twelve months after the c o m m is s io n ----
of the offence.
(i) by inserting in paragraph (c) of section nineteen See. 19. after the word “hoist,” the words “amusement (Act not to
|
damages.)
(j) (i) by inserting in paragraph (b) of subsection two Sec.22.
of section twenty-two after the word “conveyor,” (Regula-
| the words “amusement device, public stand,” ; | l |
(ii) by inserting next after the sarnie paragraph the following new paragraph : ^^
(bl) prohibiting the erection or setting up or the setting or placing in position or the operation or use or alteration of any amusement device or public stand—^
(i) in all cities, municipalities or shires or in all cities, municipali- tics or shires other than those specified in the regulations or in such cities, municipalities or shires or parts thereof as may be so specified, without the approval of the council of the area having first been obtained;
(ii) in such place, town, district or locality as may be so specified, without the approval of such authority or person or of the holder for the time being of such office as may be so specified hav ing first been obtained,
and prescribing all matters necessary or convenient to be prescribed in connec tion with any application for such approval, and the plans and descriptions and other particulars to be lodged with any such application;
(iii)
70 Scaffolding and Lifts (Amendment) Act.
| No. 9, 1960. | (iii) by inserting in paragraph (e) of the same |
| ---- | subsection after the word “hoists” the words |
amusement devices,” ;
(iv) by inserting in the same paragraph after the word “registration” where secondly and thirdly occurring the v/ords “and renewal of registra tion” ;
(v) by inserting next after subparagraph (i) of paragraph (f) of the same subsection the fol lowing new subparagraph : —
(ia) applications for approvals to erect, set up or set or place in position or operate or use amusement devices or public stands, or to alter amusement devices or public stands;
(vi) by inserting in the same paragraph after the word “hoists,” wherever occurring the w'ords “amusement devices, public stands,” ;
(vii) by inserting in subparagraphs (i), (iii) and (v) of paragraph (g) of the same subsection after the word “hoists,” wherever occurring the words “amusement devices, public stands,” ;
(viii) by inserting in subsection three of the same section after the word “hoists,” the words “amusement devices, public stands,” ;
(ix) by inserting next after subsection (3b) of the same section the following new subsection : —
(3c) Regulations made pursuant to para graph (bl) of subsection two of this section m ay: —
| (a) | require or permit a council, authority or person before granting any approval referred to in that paragraph to satisfy itself or himself by such means as may |
be
| .j | ' ■ M |
| Scaffolding and Lifts (Amendment) Act. | 71 |
b e prescribed or where no means are no. 9, i960.
| prescribed by such means as it or he | ---- |
| thinks fit— |
(i) as to the safety of the manner of construction, erection or setting up or the setting or placing in position or the operation or use or alteration of the amusement device or public stand in respect of which the approval is sought or of such amusement device or public stand as altered;
(ii) that in relation to sueh amuse ment device or public stand there has been obtained from an insurer carrying on in New South Wales the business of accident insurance a contract of insurance or indemnity in respect of death or personal injury resulting from the erection, setting up, setting or plaeing in position, operation, use or alteration or total or partial failure or collapse of the device or stand, or of the device or stand as altered, and that such contract is expressed to be and to continue in force for the period in respect of which the approval is sought and makes such provision as may be prescribed or where no such provision is prescribed as the council, authority or person con siders satisfactory for the settle ment of any claim in respect of any such death or personal injury;
(iii) as to such matters in relation to any matter or matters referred to in subparagraph (i) or (ii) of this paragraph as may be prescribed;
(iv)
72 Scaffolding and Lifts (Amendment) Act.
| No. 9, 1960. | (iv) as to other prescribed matters; |
and
| (b) | empower the council, authority or person to grant such approval either absolutely or subject to prescribed or other condi tions; and |
| (c) | provide for the revocation or suspension of such approval. |
In this subsection “personal injury” does not include any injury as defined in the Workers’ Compensation Act, 1926, as amended by sub sequent Acts, to a worker as defined in that Act, as so amended, and “death” does not include death resulting from such an injury.
| Amendment | 3. The Local Government Act, 1919, as amended by |
| of Act No. |
| 41,1919. | subsequent Acts, is amended by inserting in subsection one |
| Sec. 10. | of section ten after the words and figures “the Factories and |
| '(Certain | Shops Act, 1912;” the words and figures “the Scaffolding |
| Acts not | |
| affected.) | and Lifts Act, 1912;”. |
THE
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