The Steam Boilers and Engine drivers Act 1911 (SA)
GEORGII V REGIS.
A.D. 1911.
No. 1064.
An Act relating to the Fittings and Working Pressure of
- | Steam Boilers and to provide for the Registra- tion and Inspection of Steam Boilers and the Examination and Certifying of Enginedrivers, and for other purposes. |
E it Enacted by the Governor of the State of South Australia,
follows: | B |
I. |
PRELIMINARY.
1, This Act may be cited as " The Steam Boilers and Engine-s h o t title.drivers Act, 1911."
2. This Act shall come into operation on a day t o be fixed by thecommencement. Governor by Proclamation, which day is in this Act referred to as the commencement of this Act.
3, This Act is divided into Parts and Divisions as follows,
Dividon of Act.
namely | : - |
PART I .-Preliminary | : |
PART | I I.--Steam | Boilers: |
l h v | ISI ON | of | Boilers: |
DIVISION | ii.-Fittings | and Working Pressure' |
GEORGII V, No. |
DIVM | and Inspection of Boilers: |
DIVISION | IV.-Inquiries | as to Accidents: |
PART | 111.-Examination | and Certificates of Enginedrivers: |
4. In this Act, unless the context or subject matter otherwise | |
Agliculturist " means and includes a person engaged for pur- poses of trade or business in agricultural, horticultural, viticultural, or dairy pursuits:
'' Authorised working pressure " means the working pressure
authorised by a certificate of inspection which is for t,he time
being in force:
Board " means the Board constituted under this Act:
"Boiler" means any boiler or vessel in which, or by means whereof, steam to a pressure of ten pounds or upwards per square inch above atmospheric pressure is
( a ) generated for working any kind of machinery, or( b ) used for application to any manufacturing or other process, and includes the setting, and all the fittings and mountings, steam and other pipes, feed pumps, injectors, and other equipments necessarily or usually adjuncts to a boiler; it also includes a digester:Building " includes any shed or other place where any boiler is
erected or where the same is situate or is in operation:
Certificate of inspection " means a certificate of inspection
granted under 1)ivision
Chief Inspector " means the Chief Inspector of Boilers appointed
under this Act: |
Court " means the Special Magistrate or the Justices sitting to
hear an information for any offence under this Act:
G Farm " means premises occupied by any person for the pur-poses of his trade or business as an agriculturist:
Justice " means a Justice of the Peace for the said State:
cc Inspector " means an Inspector of Boilers appointed under this
Act, and includes the Chief Inspector:
Minister " means the Minister of the Crown to whom for the time being the administration of this Act is committed by the Governor:
" Owner " means and includes as well the owner as also the mortgagee in possession, or lessee or hirer of any boiler, and (except in Division
1. of Part 11.) also any engineer,overseer,
2" GEORGII
V, No.1064.
The Steam Boilers and Enginedrizlers Act.-1911.
- - - - | - | - - | - | -- - -- - - -- |
overseei., foreman, agent, or other person in charge, or having the control or management or apparent control or manage- ment, of any boiler:
"Prescribed " means prescribed by this Act or any regulation
made under this Act:
Regulation " means regulation made under this Act:
'' This Act" includes regulations made under this ,4ct.
Limitation of |
Ibid., | ||
|
or vested in or in the use of His Majesty, the |
South Australian Railways Commissioner, any Government Department, or any person as an officer in His Majesty's service:
(c) Owned or hired by any
bond firle agriculturist and used on any farm for agricultural, horticultural, viticultural or dairy purposes: Provided it is of not more than eight horse-power, or provided it has not more than fifty square feet of heating snrfim; or(cl) Owned or hired by any bond
f i n e pastoralist and u s d onany station for pastoral purposes; or
( r ) Used exclusively for doinestic purposes inil private house,nor to any steam pump erected on any mine or other premises, and not capable of pumping more than six thousand gallons per hour.
PART 11. |
STEAM BOILERS.
DIVISION | I.-~~EGISTRATION | O F BOILERS. |
boiler |
after the commencement of this Act becomes the owner of | a boiler |
shall, within one month after the comniencement of this Act or
Vict. Act 2071, 1906,within one month after he bccomes such owner (according to the ,. 11.
nature of the case), file with the Chief Inspector a return in writing
in the form and cdntaining the particulars set out in the First
Schedule to this Act and signed by such owner.
7. I n any case where, by reason of any additions or alterations Additionalto any boiler, the return then latest filed in respect thereof under pa*icY1nm. this Division is no longer correct, the owner shall forthwith file
of - ib id. , 8.29. with the Chief Inspector a fresh return in the form in the said FirstSchedule, containing fresh and correct particulars and signed by
such owner.
GEORGII |
- | - | - -- | . - |
8. The Chief Inspector shall enter the particulars set out in any
-- | return filed pursuant to this Division in a book, to be called the |
- | Register ofAI3oilzrs," | and shall assign a number (hereinafter called |
the " registered number ") to the boiler to which such particulars | |
relate, and shall, on payment of the fee provided in the Fourth |
9. | Schedule to this Act or other prescribed fee, supply to the person filing such return a certificate of registration of such boiler, which certificate shall be in the form of the Second Schedule to this Act. | |
fee of One Shilling, inspect the Register of Boilers and take any
extract therefrom.
shall forthwith give notice in writing to the Chief Inspector of such |
aa, |
sale or hiring, and of the name and address of the purchaser or | - | ~ |
hirer. |
(2) Any omner of a boiler which is removed from the situation
give particulars of such removal in writing to the Chief Inspector.
stated in the return then latest filed in respect thereof under tl~is days after the removal,
(3) Any person who makes default in the observance of any of the provisions of this section shall be guilty of an offence against this Act.
kumber and maker's
and, if such boiler is made after the commencement of this Act, the
name of the maker also, to bo plainly marked on some conspicuous part of such boiler. | |
|
( 1) | Every boiler - | ||
(a) In respect whereof no return has at the time been filed as
required by this Division; or
( b ) In respect whereof the particulars contained in the latest return filed under this Division are for the time being incorrect or insufficient; or
(c ) On which the registered number, or, if inatle after the com- mencement of this Act, the registered number and the maker's name or either such number or name, is not n~alkedas provided by this Part,
shall be deemed to be an unregistered boiler.
(2) Any owner of an unregistered boiler who works with or
uses, or causes, permits, or suffers any person to work with pr.
such boiler shall he guilty of an offence against this Act.
DIVIS~ON
GEOKGII V, No. |
-. . | - ---. - p |
- --
I)IVISION | 11.-FITTINGS | A N D WORKING | PRESSURE | OF BOILERS. |
-- |
13. (1) Every boiler erected after the commenceinent of this
Act shall be fitted with the following fittings and mountings:- |
One steam pressure gauge capable of registering in pounds per |
square inch up to one and a half the inaxin~im working
B. 22,altered.
Cf. Q. Act 9, 1908,
pressure; | 40. |
One gun-metal feed check-valve, flange-j ointed;
One stop-valve, flange-jointed, fitted with gun-metal valve and
seating, to be fixed between boiler and steam-pipe;
One gun-metal blow-off cock, flange jointed;
One gauge cock, three-eighths inch Whitworth gas thread, for
connecting inspector's standard gauge; | . |
A sliitable pump or injector, or both, for feeding the boiler;Such fusible plug in the crown of the fire-box or other suitable
position as may be necessary, so that in the event of the
water becoming too low such plug will melt and the escaping
steam will extinguish the fire; and
Two safety valves of ample area and flange-jointed, one of which shall be encased and of locked-up design approved by the Chief Inspector.
There shall also be fitted-
(a) One glass water gauge fitted with cocks complete, and two try cocks, to every boiler of six horsepower or under, and two glass water gauges
L, fitted with cocks complete, with approved protectors, to every boiler over six horsepower which has been granted, by certificate of inspection, an authorised working
pressure of over sixty pounds per square inch; |
( b ) As to boilers erected after the commencement of thisAct, when two or more boilers are erected side by side and are counled together, an intermediate stop-
r a l v ~ shall be fitted on the main steam pipe between
each boiler, in addition to thc one flange-jointed to
the boiler.
or used, any boiler which in any respect is not fitted as required |
by this section, and the owner of such boiler shall be liable to a
penalty not exceeding Fifty Pounds.
worked or used unless fitted with two safety valves, each of sufficient
area to relieve the boiler without increasing the authorised working
pressure more than ten per centum; and one of the val\*es | shall be |
arranged to the al~proval of an inspector so as to be beyond the contrd of the person in charge when steam is up. Such safety
val'ves may be on one boiler seat. |
z0 GEORGII V, No. 1064.
The Steam Boilers and Enginedrivew Act .--l 91 1.
- | or used, anv boiler which in any respect is not fitted as mentioned | |
in subsectidn (1) of this section, and the owner of such boiler shall | ||
be liable to a penalty not exceeding Twenty-five Pounds. | ||
coupled together, and the authorised working pressure of the boilers | ||
| ||
valves (if more than two boilers) are used subject to the approval of the Chief Inspector. | ||
or that tends to increase the pressure in a boiler beyond thc | ||
Minister for appointment, and on such recommendation the Minister may, from time to time, appoint a Chief Inspector of Boilers under this Act, and may also appoint so many Inspectors of Boilers under this Act as he thinks necessary.
Certificate of
writing under the hand of | the Minister of his appointment, and on |
Vict. Act 2051, 1906,
his entering into or upon any bnilding or premises for any purpose of this Act he shall, if required, produce such certificate to the occupier of such building or premises. | |
20. Any person who forges any such certificate or makes use of |
any forged or false certificate, or who falsely pretends to be an | ||
| ||
standards and appliances by which all pressure gauges can at any | |
time |
2" GEOKGII V, No.1064.
The Steam Boilers and Erujinedrivers Act.-191 1.
for carrying into effect the succeeding sections of this Act relating to boilers, and shall from time to time issue to each inspector such instructions (not inconsistent with this Act) as he thinks fit.
In n~aking | any entry or inspection under this Act any inspector |
niay call to his aid any person he thinks competent to assist therein. |
his duty shall be guilty of an offence against this Act. | |
believe there is any boiler, i11 order to ascertain whether the | |
provisions of this Act have been or are being complied with. | |
thinks necessary. |
time in the day time, 1mtwif he intends to make an internal inspec- | |
tion of a boiler he shall give the owner thereof at least seveii days' |
notice i11 writi~hg | of the day on which such inspection will be made, |
and in any such case the inspection shall be at such a time as will | |
least interfere with the work carried on by the owner. |
the inspection of a boiler the owner |
shall, if required by the inspector, cause it to be emptied and made | |
cool, and |
furnace bars and brick or stone bridges to be taken out, and the | |
interior of the boiler to be freed fro111 incrustation. |
inspector, and shall cause all furnaces, flues, and uptakes connected |
shall cause all safety valres to be taken to pieces.
(3) The inspector may, in addition to any other test, test any boilerTests. by hydraulic pressure if he considers it necessary to do so, and shall send a record of, and the reasons for, and the result of, such test to the Chief Inspector: Provided that such hydraulic pressure shall be limited to one and a half times the authorised working pressure of the boiler.
(4) The inspector may also, if he deems it necessary so to do, cause such holes to be drilled in or through any part of
any boiler as he deems necessa.ry, in order to test the thickness thereof. The owner shall cause such holes to be screw plugged to the satisfaction of the inspec tor.(5) Any person who fails to comply with any of the provisions of this section shall be guilty of an offence against this Act.
28. (l) If,
2' GEORGII V, No.1064.
The Steam Boilers and Enginedrivers Act.-1911.
inspector that the boiler is unsafe, or that it would be dangerous to |
Notice to owner of
life or property if i t were used in its then state, he may serve a notice in writing upon the owner (which notice may be in the form | |
in the Third Schedule to this .4ct, with such modifications as the case requires), requiring him- |
( a ) To wholly desist from working or using the boiler; or
( b ) To desist from working or using the boiler until certainrepairs or alterations stated in the notice have been
effected; or
(c) To desist from working or using the boiler at a greater pres-
sure than that stated in the notice; or
(d) To desist from working or using the boiler at a greater pres-
sure than that stated in the notice until certain repairs or
alterations stated in the notice have been effected.
(2) The person upon whom such notice is served shall, if re- qured so to do by the inspector, sign a duplicate of the notice in acknowledgment of his having received it.
(3) Any person upon whom sach notice has been served who fails or neglects to desist from working or using such boiler, according to the exigency of the notice, shall be liable to a penalty not exceed- ing Fifty Pounds.(4) On any notice under this section being served in respect of any boiler, there shall be a right of appeal in the prescribed manner to the Board against such notice, and notice of such appeal shall suspend the operation of the notice appealed against until the same has been heaid and determined: Provided that the same is deter- mined within thirty days from the giving of the notice. The Board shall hear and determine the appeal as soon as may be practicable,
deems proper, including any order as to costs; and any costs so | and may make such inspection for that purpose as it deems neces- sary; and may make such order in determining the appeal as it |
ordered shall be recoverable in a summary way as provided by sectlon 65. |
state and condition thereof, including- |
inspection.
I. The age, type, and construction of the boiler: | |
The pressure which the boiler is calculated to sustain: |
IV. The state and condition of the boiler generally, and of allappliances used in connection therewith:
v. The fitness of the boiler and such appliances for the par-ticular purpose for which they are used or are intended to
be used; and
2" GEORGII V, No. 1064.
The Steam Boilers and Enginedrivers Act.-191 1.
thereof the inspector shall carefully inalte a comparison with the | -- | ||
record of the next preceding inspection thereof, and shall ~ c o r d |
any changes since such next preceding inspection. | ||
(2) If any change or alteration has been made in such boiler, ore. 27.
any repairs have been effected thereto, he shall duly record the
same in such manner as is prescribed,
no material change has occurred in the state and condition of |
such boiler he shall also record that fact in such manner as is
prescribed.
be kept by him. |
(2) The entries in such book relating to any boiler shall be openInspection ofregiater. to inspection, without charge, at the office of the inspector, by the
Ibid. owner of such boiler or any person authorised in writing by him, but
not by any other person; and the owner of any boiler or any persoil
authorised as aforesaid may obtain a copy of any entry relating to
such boiler on payment of a fee of One Shilling.
32. If on inspecting any boiler the inspector is satisfied that itceltificate of saiety is in good repair and mav be safely used for the purpose for which
it is then used or is inteidcd to be used, he shall grant and issue
Ibid., 6.39- to the owner a certificate of inspection in the form of the Fifth Schedule to this Act or to the efkct thereof; ancl shall report the issue thereof to the Chief Inspector.
33. (1) 'l'he certificate of inspection granted t,o the owner of aDul'etiouof certificate. boiler shall be granted for such period, not exceeding one year, as
Ibid., S. 41.
the inspector thinks fit, which period shall be stated in the certificate. | 1906, |
(2) The certificate shall remain in force for the period so stated:Provided that-
(a) No certificate of inspection shall have any force if after inspection and without the approval of i n inspector any material alteration or addition has been made in or to the boiler mentioned therein; and
( b ) The Chief' Inspector may at any time cancel or suspend anycan8:ellation. such certificate of inspection where he deems it necessary for the safety of the public or of any persons or person so to do, and after such cancellation, or during such sus- pension, the certificate shall have no force.
boiler, or allows a boiler to be worked or used- |
the time being in force; or |
GEORGII V, No. 1064. |
----p | -p---- |
--v | - |
(6) At a higher pressure than that authorised by, or for any purpose other than that stated in, the certificate of inspec- tion for the time being in force ill respect of such boiler, |
shall be guilty of an offence against this Act.
(2) In any proceedings in respect of an alleged offence under subdivision(a) of this section, it shall be a defence if the defendant proves, to the satisfaction of the Court, that within the year imme- diately preceding the time of the alleged offence the owner applied in writing to an inspector to have the boiler inspected, and that 110 inspection thereof has been made under this Act within such year: Provided that this subsection shall not apply if the last certificate of inspection granted in respect of the boiler has been cancelled under section33, or has been suspended under that section and such suspension is still in force at the time of the alleged offence, nor if an inspector has given the owner notice not to use the boiler until a certificate of inspection has been granted.
inspection granted in respect of a |
exhibit such certificate shall be guilty of an offence against this Act.
(2) I n any proceedings under this section it shall be a sufficient defence if the defendant satisfies the Court-
the boiler, the locality where i t was |
working, or other sufficient cause, there was no conspicuous plwe in which the certificate could reasonably be affixed; ancl
( b ) That at all reasonable times ire kept the certificate availablefor inspection by all persons working at or with the boiler,
Force; and also | and also by the inspectors and all members of the Police |
(c) That the attendant in charge of the boiler was provided with
a copy of the certificate.
~ ~ I V I S I O ~ | A S TO ACCIDENTS. |
Inapecbr to be noti-
of any accident causing damage or injury to any boiler, the owner | |
of the boiler shall forthwith give notice thereof, or cause notice thereof to be given, to the inspector whose office or usual place of residence is nearest to the place where such explosion or accident occurred, or to the Chief Inspector, specifying the cause of the accident, the precise locality where it occurred, and the numt~er | |
of persons (if any) killed or injured by such explosion or accident. | |
fiection (l), such notice as mentioned in the said subsection, shall be guilty of an offence against this Act. |
37. (l)
2" GEORGII V, No. 1064.
- -- -. | - .p- | - | - | -. - | - - | -- | - |
. - | - |
37. (1 ) When ally such explosion or accident has occurred no person shall move, or in any way interfere with, the boiler or any of |
. | - |
its fittings or appliances, or any part of it or them, or any other thing
Boiler and other affected by the explosion or accident, except so far as may reason-
t h i ~ n o t t o b e interfered with ably be consiclcred necessary or expedient for the prevention of
pending inquiry. further damage or injury to person or property, or for clisconnect-
ing the boiler from others connected with it, until the inspector has
completed his inquiry as provided by the nest succeeding section.
(2) Any person who acts in any way in contravention of sub- section (1) of this section, or who does anything whereby the cause of the explosior, or accident or its effects are rendered less easy of detection, except as mentioned in subsection (l), shall he guilty of an offence against this Act.
Chief Inspector he shall, as soon as practicable, go himself or send | 38. When notice of an explosion or accident is given to the |
an inspector to the place where the explosion or accident occurred, | |
39. (1) In the event of | an explosion or accident happening to |
n boiler the Minister may, if he thinks fit, direct an inquiry as to such
explosion or accident to be held by a Special Magistrate.
9, |
skilled in the use and construction of boilers of the same class as the
said boiler to assist the Special Magistrate in such inquiry.
(3) Such inquiry shall be held publicly in such manner and at such times and places as the Special 3Iagistrate thinks most effectual for ascertaining the cause and circumstances of the explosion
or accident. |
(4) With respect to the summoning and attendance of witnesses to or upon such inquiry, the examination of such witnesses upon oath or affirmation, and the allowance of fees and expenses to witnesses, the Special Magistrate shall have all the powers which he would have or might exercise in any case under the Acts in force for the time being relating to summary jurisdiction of Justices.
(5) The Special Magistrate, or anv person appointed by him, may enter and inspect any place or building the entry or inspection of which appears to such Magistrate to be requisite for the purpose of the inquiry,
(6) The Special Magistrate shall report to the Minister, as far as possible, the causes of the explosion or accident and the circumstances attending it, adding such observations as he thinks fit.
(7) The Spccial Magistrate may make such order as he thinks fit respecting the payment of the costs and expenses of | the inquiry; and such |
GEOKGII | No. |
ART | such order may, on the application of any person entitled to the |
--- | benefit thereof. be enforced in a summary manner before any Special Magistrate or two Justices as if it were a penalty imposed by him or them under this Act. |
control of any person other than a male person of at least twenty- |
one years of age. | ||
1904, |
2071,1906, in the | |
I. Exempt from the operation of this ,4ct, or of any specified |
provisions of this Act, for such time as he thinks fit, any specified boiler or any specified class of boilers or boilers which are used exclusively in any specified trade or business, or boilers situated or used in any specified part of the said State: |
1 1. Exempt any specified boiler or any specified class of boilersfrom the provision of this Act requiring two safety valves, and may in lieu of such requirement direct that a specified kind of safety valve or valves shall be provided in the case of such boiler or class of boilers so exempted.
Owner
liable in
against this Act has been committed shall i n every case (save as
904, hereafter in this Act provided) be deemed in the first instance to | ||
have committed the offence, and shall be liable to pay the penalty;
but an owner who has been proceeded against for such offence | shall be entitled, upon information duly laid by him, to have any |
agent, servant, or workman brought before the Court at the time appointed for hearing the charge made against such owner. |
Ibid., and Vict. A C ~
1071, 1906, |
a.n offence with respect to any boiler that the owner had used due |
W.A. | 53, |
person the off'ence was committed and that it was committed without | |
the personal knowledge, consent, or connivance of the owner, and in |
. | 2 | GEORGII V, No. |
The Steam Boilers am? Enginedrivers Act.--1911.
in contravention of his orders, then the inspector may proceed |
against the person whom he believes to be the actual offender in the | ||
first instance without first proceeding against thc owner. |
44. (1) No person shall be liable for an offence against thisAct asWhen owners not
an owner of
personallv, or by his agent or servant, or by some other person under | |
his order; or directions or for his benefit or profit. | |
EXL4MINATION AND CERTIFICArl'ES O F
ENGINEDRIVERS.
( 1 ) Subject to section 51, after the expiration of six monthsOnly holdera ofcerti-
from the commencement of this Act, no person shall be employed or |
shall act as an enginedriver in charge of any steam engine to | |
which this Act applies, unless he holds an enginedriver's certificate under this | |
(a)
A first class certificate shall entitle the holder thereof to drive
and have charge of any steam stationary engine to which
this
( b ) h second class certificate sball entitle the holder thereof to drive and have charge of any steam stationary engine
to which this Act applies, except a winding engine: |
(c) A third class certificate shall entitle the holder thereof to drive and hr,ve charge of any steam stationary engine to which this Act applies, the cylinder of which does not exceed twelve inches in diameter, or, if the engine has more than one cylinder, the combined area of the cylinders of which does not exceed that of' a single cylinder the diameter of which is equal to twelve inches, such engine not being a winding engine.
(1) Subject to section |
from the commencement of this Act, no person shall be employed or
shall act as an enginedriver in charge of any locomotive or traction |
engine to which this Act applies while such engine is being pro- | 1902, |
pelled or moved from place to place by its own motive power and machinery unless he holds |
(2) Such
- | - -.- ---p----------- | - |
(2) Such certificate shall be by examination, and shall be called a locomotive and traction enginedriver's certificate.
(3) The holder of a certificate under this section, without any restriction expressed therein, shall be deemed also to be the holder of a second class certificate under the next preceding section; but if any restriction is expressed therein he shall be deemed also to be the holder of a third class certificate under the next preceding section.
Medical certifiaate
47, No applicant for a certificate under section 45 or 46 shall |
be examined unless he produces to the Board the certificate of a | |
duly qualified medical practitioner that he is not subject to deafness, | |
defective sight, epilepsy, or other physical defect or infirmity which would render him unfit for duty as an enginedriver of the par- ticular class in which he is applying for a certificate. |
passing the prescribed examination, and satisfying the Board as to |
N.S.W. |
S. 14. | paying the prescribed fee for the certificate, the Board shall issue to him a certificate of the appropriate class. |
Certificates of service. 49. (1) The Board may, at any time within two years after the
examination, on the following conditions: - |
(a) An applicant for a first class enginedriver's certificate of service shall furnish evidence, to the satisfaction of the Board, that he has been in charge of and has efficiently managed and driven a winding engine or winding engines, with boilers and appendages, for a period of not less than three pears prior to the commencement of this Act;
ser- |
vice shall furnish evidence, to the satisfaction of the Board, |
that he has been in charge of and has efficiently managed and driven an engine, the cylinder of which exceeds twelve inches in diameter, or, if the engine has more than one cylinder, the combined area of' the cylinders of which exceeds that of a single cylinder the diameter of which is equal to twelve inches, for a period of not less than three years prior to the commencement of this Act; |
( c ) An applicant for a third class enginedriver's certificate ofservice shall furnish evidence, to the satisfaction of the Board, that he has been in charge of and has efficiently managed and driven a steam stationary engine for a period of not less than three years prior to the commencement of this Act;
i d ) An applicant for a locomotive and traction enginedriver's eerti- ficate of service shall furnish evidence, to the satisfaction of the Board, that he has been in charge of and has efficientlym anaged
GEORGII |
managed a locomotive or traction engine worked by steam | |
for a period of not less than three years prior to the com- mencement of this Act; and |
( e ) Every applicant shall satisfy the Board as to his sobriety, experience, ability, and general good conduct, and that he is not subject to deafness, defective sight, epilepsy, or other physical infirmity, which would render him unfit for duty as an enginedriver of the particular class in which he is applying for a certificate of service.
Upon his paying the prescribed fee, and fulfilling the con- |
di | tions | of paragraph | the next preceding |
section | the Board may. without examination, grant any certificate |
required by this Part to any person who satisfies the Board that he is the holder of a corresponding certificate of equal status granted by
any duly co~lstituted | and recognised authority outside the said State. |
certificate under this Part is guilty of any offence or misconduct, or
has devcloned any symptom of epilepsy or any other defect or infirmity Ibid., |
which wodd render him unfit to be trusted to efficiently perform |
his duties as such holder. the Board max call w o n him to amear |
before such persons as the R/Iinister appoints to show cause why his
certificate should not be suspended or cancelled.
(2) The evidence taken a t such inquiry shall be on oath or affirmation, which any person appointed as aforesaid may administer.
(3) The persons appointed to hold the inquiry shall report thereon to the Board.
(4) If upon such report it appears to the Board that the person so called upon has failed to show good cause why his certificate should not be suspended or cancelled, the Board shall advise the Minister accordingly. |
(6) The Minister may thereupon, by notice in the
Govemntewt
Gazette, suspend the certificate of the person so called upon forsuch period as he thinks fit; and during the period of suspension he shall be deemed not to be the holder of such certificate; or the Minister may, by such notice, cancel such certificate or alter the class of such certificate either permanently or for such period as he thinks fit.
(a) Acts in the capacity of enginedriver in charge of any
inca~acitatad. engine for which a certificated driver is required by W.A.
A& 63,1904, this Act, without being the holder of such certiticate
e - 6 j. for the time being in-force as under this Act would
entitle him to have charge of such engine; or
GEORGII V, No. 1064. | ||
- - |
(C) Whether or not the holder of such certificate, acts ill such
capacity as aforesaid when he is whollv or partially |
deaf, or his sight is defective, or he is sul,j&t to epilepsy | |
or any physical defect or infirmity rendering him unfit to act in such capacity; or |
(c) Employs, or causes or permits to be employed, such uncer- tificated person, or, (knowing the defect or infirmity to exist) the person subject to such defect or infirmity as aforesaid, to act in such capacity as aforesaid;
shall be guilty of an offence against this Act.
53. Any 1)ersou who gives to any other person an untrue |
testimoniai as to service as an enginedriver shall be guilty of an offence against this Act. |
in the | |
or of any specified provisions of this Act, for such time as he thinks | |
fit, persons employed or acting as enginedrivers in charge of steam | |
engines in any specified part of the said State; any such Proclama- tion may apply to steam engines generally, or to steam engii~es of | |
55. (1) A board is hereby constituted consisting of | the Mariue | |
Board Engineer-Surveyor, the Chicf Mechanical Engineer, the | |
Professor of Engineering at the Adelaide University, and the Instructor in Mechanical Engineering at the School of Xfines and Tndustries, and shall appoint one of the members of the Board to | |
| |
(2) The Board shall hold examinations of applicants for office as inspectors and of applicants for enginedrivers' and locomotive and traction enginedrivers' certificates, and may grant or refuse a cer- tificate to |
(3) The Minister may make rules-I. Regulating the proceedings of the Board;
11. Prescribing the places and times of holding examinations;r
1 1. Prescribing the remuneration of members of the Board;
IV. Prescribing the fees to be paid by applicants for examina-tion, and by applicants for service certificates under section 49, and for certificates under section 60 by virtue of certificates granted outside the said State, and fees to be paid for certificates and duplicates thereof, but so that no such fee shall exceed One
Pound ; v.Regulating
2" GBORGII V, No. 1064.
v. Regulating the conduct of | examinations; |
certificates; |
v ~ r. Prescribing the qualifications and standards to be requiredof applicants for examination; and
vlir. Prescribing generally all such matters as the Minister deems necessary to prescribe concerning the functions of the Board;
And every such rule shall be observed by the Board.
Pb&"f | . |
certificate under this Act by fraud or misrepresentation shall be
liable to imprisonment, with or without hard labor, for any term | |
not exceeding six months, or to a fine not exceeding Fifty Pounds. | |
of certificated enginedrivers shall not apply to any motor. | ||
(2) All the provisions of this Act with respect to boilers shall
Cf. S.A. Act 938, apply to the boilers of vehicles propelled by steam, save that in the
1907.
case of |
certificate of inspection granted under this Act in respect of the boiler |
thereof shall remain in force, unless sooner cancelled by the Chief
Inspector, until the boiler of such motor is renewed or replaced.
mutor " means a vehicle |
propelled by its own mechanical power, and so constructed as not to emit smoke, steam, or visible vapor, except from any temporary or
accident a1 | cause. |
hire shall have the name and residence of the owper legibly affixed
engine or boiler.
or printed thereon; and any such owner who fails or neglects to | |
comply with the requirements of this section shall be guilty of | |
an offence against this Act. |
Act, shall relieve the owner oi any boiler or engine or any
tained. person driving or in charge of any engine or boiler from liability to w.a.
Act 63, IQOJ,
or |
GEORGII V, No. 1064. |
- - - - | ---P- |
or in any action or matter, or from liability to any civil or criminal proceeding; but all rights of parties and all liabilities of all such owners and persons and of all other persons in respect of any boiler or engine shall, except as expressly provided
by this Act, remain unaffected by this Act.
comply with any of the provisions of this Act shall be guilty of an offence against this Act. | |
which no penalty is specially imposed shall be liable to a penalty not exceeding Ten Founds. |
given or served under this Act may be given or served by being
delivered personally to, or being left at the usual or last known place of residence or business of, the person to or upon whom it is to be given or served, or by being sent through the post in a prepaid letter addressed to such person at his usual or last known place of residence or business. | |
in the |
execution of this Act shall subject such inspector or the Crown |
to any liability in respect thereof. |
The following provisions shall have effect with reference to |
any proceeding for an offence against this Act, and to any proceeding | |
for any breach of or neglect to comply with any of the provision~l of | |
this Act :- |
( G ) I t shall be sufficient to state the name of the ostensibleowner of a boiler, or the title of the firm or company or corporation by which the owner of a boiler is usually known;
( b ) The onus of proof that the person, firm, company, or cor-
poration named in an information is not the owner of | the |
boiler shall be on the defendant; |
(c) The onus of proof that the provisions of this Act with regard
to the registration of boilers, and the marking of the
registered
GEORGII V, No. | - - | --- | - |
-
- | -. -p- |
registered numbers and makers' names on boilers, and with | |
regard to obtaining and exhibiting certificates of in- spection, have been complied with as to any particular boiler, shall be on the defendant; |
j d ) The onus of proof that a boiler or engine was not, on the date
mentioned in an. information, in the place mentioned in
such information shall be on the defendant:
the said State |
to take any proceedings or to do any act shall be presumed
until the contrary is shown.
65. (1) All proceedings in respect of offences against this Act shallsummary procedllre- be by information, and shall be heard and determined in a summary way by any Special Magistrate or two Justices, under the provisions of the Ordinance No. 6 of 1850 and any Act amending that Act, or of any Act for the time being in force relating to the duties of Justices of the Peace with respect to summary proceedings.
(2) The Magistrate or Justices may make any order as to costa which he or they think fit.
(3) ,411 convictions and orders made by the Magistrate or Justices may be enforced as provided by the said Ordinance or any other Act.
Adelaide |
in its Full Jurisdiction from any conviction under this Act, or from any order dismissing an information for any offence against this Act, or any other order on such an information.
(2) Such appeal shall be regulated by the said Ordinance No. 6of 1830 and any Act amending that -\ct, or any Act for the time being in force regulating appeals to Local Courts. The Court on such appeal may make any order as to costs which it thinks fit,
although such costs exceed Ten Pounds. |
67. (1) The Local Court may state a case for the opinion ofSpecial case. the Supreme Court.
(2) The Supreme Court shall deal with such special case accord- ing to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Courts below, as to the said Supreme Court appears just.
(1) The Governor may from time to time make regulations- | ||
., | ||
I. Regulating the duties of the Chief Inspector and of in-8.82. spectors:
1 1. Prescribing forms of notices or other forms to be given orused under this Act in cases where forms are not set out in the Schedules to this
Act, or in substitution forany forms so set out:
GEORGII V, No. 1064. | - - - | -- | - - - | -. |
9 |
- |
fees are not provided for in the Schedules to this *4ct, or
in substitution for any fees so provided for:
iv. Prescribing requirements and conditions to be complied with
by persons in charge of boilers in order to secure the safe
working thereof: | - |
v. Prescribing generally all such natters and things as may be necessary or conrenient for giving effect t o this Act:
r r. Prescribing penalties for breaches of regulations, not exceccl- ing in any case the sum of Ten Pounds.
Publication and
(a) Shall be published in the GovernmentGazette :
( b ) From the date of such publication, or from a later clatefixed by the order making the same, shall (subject to subsection
(3) hereof) be of the same effect as if they
were c~ntained | in this Act; and |
(c) Shall be laid before both Houses of Parliament within fourteen days after such publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session.
Parliament passes a resolution disallowing | ||
anv such regulation, of which resolution not,ice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without a,ffecting the validity or curing the invalidity of anything done or of the omission of anything in the
sitting days, or some of them, do not occur in the same Session or | meantime. This subsection shall apply notwithstanding that the said fourteen | Parliament as that in which the regulation is laid before such House. |
a regulation | ||
made under this Act may apply to the Supreme Court upon affidavit
t'or a rule calling upon the Chief Inspector to show cause why such regulation should not be quashed, either wholly or in part, for the illegality thereof.
(2) The said Court may make absolute or discharge a rule made upon such application with or without costs.
(3) Subject to the next preceding section all regulations, unlessand until so quashed, shall have the same effkct as if
enacted in this
Act. (4) Subject
------p- | -- | p---- |
--
(4) Subject to subsection |
regulation shall be challenged or disputed in any manner other than
as provided by this section.
paid out of | moneys provided by Parliament,. |
In the name and on behalf of His Majesty, I hereby assent to
this Bill.
DAY H. BOSANQUET, Governor.
GEORGII |
-- - | - .- | . | -. -- .- | -- |
SCHEDULES
FIRST SCHEDULE. |
" The Steam Boilers and Enginedrivers Act, 191 1 ." |
First | |
To the Registrar of Boilers.
I hereby give you notice that I am the owner of a boiler, true particulars as to which are given hereunder.
Name and address of owner-
Where boiler is situated-
Form or class of boiler-
Age of boiler-
Horsepower-
Dimensions and construction of boiler-
Pressure at which safety valve blows off-
Purpose for which used
(or to be used)-Name of maker-
Date when boiler was last examined by an expert, and name and address of
such expert-
Date when boiler was last cleaned-
Dated this | day of | , l 9 | . |
, Owner (or Mortgagee in possession |
or Hirer)
Address- | . |
SECOND | SCHEDULE. |
The Steam Boilers and Enginedrivers Act, 191 1."
This is to certify that the boiler, particulars whereof are set out hereunder, has been this day registered by me in the Register of Boilers, and is numbered | . |
Particulars o f Boiler. Name and address of owner-
Where boiler is situated-
Form or class-
Horsepower-
Dimeneions and construction-
Pressure at which safety valve is said to blow off-
Purpose for which used
(or to be used)-Maker's name-
Dated this | day of | , 19 | . |
Chief Inspector of Boilers. |
THIRD
GEORGII | No. |
The Steam Boilers and Enginedrivers Act.-1911.
THIRD SCHEDULE. |
" The Steam Boilers and Enginedrivers Act, 19 1 1 ." |
To
I hereby give you notice that on the | day of | , | , | I inspected a |
boiler
appears to me to be unsafe
You are therefore required to wholly desist from working or using the boiler
working or using the hoiler at a greater pressure than | , until the |
following repairs are effected, namely |
Dated the | day of |
, Inspector. |
FOURTH SCHEDULE. |
On regi~tration | of | any boiler.. | .. .. | .. .. .. .. .. .. .. . | . | .. .. .. .. | .. |
FIFTH SCHEDULE. |
The Steam Boilers and Enginedrivers Act, 1911." |
This is to cert if~ that, in accordance with " The Steam Boilers and Engine-
drivers Act,
me, and that the same is in good repair and may be used for the purpose
purposes) stated below up to a pressure of | pounds per square inch. |
Dated this | day of | , |
- |
Inspector of Boilers.
Descr+tion of Boiler.
Official registered | number- |
Description of boiler-
Maker's name-
Authorised working pressure
[ in pounds per square inch)- Purposes for which may be used-
Owner's name and address-
Other particulars (if any)
[stating whatever may be necessary to tdentify the
bozlerl-
This certificate will remain in force until | , | unless previously |
suepended or cancelled under the provisions of the above-mentioned Act.
Adchide :By authority, R. E. E. Boctrrm, Government Printer, North Terrace.
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