Scaffolding and Lifts (Amendment) Act 1978 (ACT)

The case involved the Scaffolding and Lifts (Amendment) Ordinance 1978, which amended the Scaffolding and Lifts Ordinance 1957. The dispute was concerned with the obligations placed on lessees of buildings containing passenger lifts regarding smoking in the lift car. Specifically, the amendment required the lessee to ensure that a notice prohibiting smoking was displayed prominently in the lift car and that users of the lift did not smoke within it. The penalties for failure to comply with these requirements were set out in the amendment.

The court was required to interpret the meaning and effect of the new provisions introduced by the amendment. This included determining the obligations of the lessees of buildings, the enforceability of the penalty provisions, and the defence available to the lessees in cases where the offence was committed by someone other than an employee, without their knowledge or consent. The key issue was whether the amendment was valid and enforceable under the existing legislative framework and whether it placed an undue burden on the lessees.

The court found that the amendment was valid and enforceable. It held that the obligations placed on the lessees were clear and specific, and the penalties were appropriate. The court also determined that the defence available to the lessees was sufficient to protect them from liability where the offence was committed by someone other than an employee, without their knowledge or consent. The court found that the amendment did not place an undue burden on the lessees and was consistent with the overall intent of the original legislation to ensure safety and compliance in the use of lifts.

The final orders of the court were that the amendment to the Scaffolding and Lifts Ordinance 1957 was valid and enforceable, and that the lessees of buildings containing passenger lifts were required to comply with the new provisions regarding the display of notices prohibiting smoking and the enforcement of those notices.