MACHINERY SAFETY. - legislation.wa.gov.au

WESTERN AUSTRALIA.

MACHINERY SAFETY.

No. 74 of 1974.

AN ACT to provide for the safe design, construction,installation, and operation of machinery, forthe inspection of machinery and the conditionsunder which it is used, and for the safety ofpersons; to repeal the Inspection of MachineryAct, 1921-1969; and for incidental and otherpurposes.

[Assented to 10th December, 1974.1

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Machinery Short title.Safety Act, 1974.

Commence-ment.

Arrange-ment.

No. 74.] Machinery Safety. [1974.

2. The several provisions of this Act shall comeinto operation on such dates respectively as maybe fixed by proclamation in relation to each ofthose provisions.

3. The arrangement of this Act is as follows

PART I.—PRELIMINARY, ss. 1-8;

PART IL—ADMINISTRATION, ss. 9-10;

PART III.—REGISTRATION AND CERTIFICATION,ss. 11-21;

PART IV.—INSPECTION, ss. 22-34;

PART V.—CERTIFICATES OF COMPETENCY, ss. 35-52;

PART VI.—APPEALS, ss. 53-55;

PART VII.—SAFETY PROVISIONS, ss. 56-68;

PART VIII.—ACCIDENTS, ss. 69-74;

PART IL—RURAL MACHINERY, ss. 75-77;

PART X.—ENFORCEMENT AND REGULATIONS, ss.78-88.

SCHEDULE.

Repeal andsavings. 4. (1) The Acts specified in the Schedule to this

Act are hereby repealed.

(2) Without limiting the operation of the pro-visions of the Interpretation Act, 1918, it is herebydeclared that the repeal of any Act by this Actdoes not affect any document made or any thingdone under the Act so repealed, and each suchdocument or thing, so far as it is subsisting or inforce at the time of the repeal and could havebeen made or done under this Act, shall continueand have effect as if it had been made or doneunder the corresponding provision of this Act, andas if that provision had been in force when thedocument was made or the thing was done.

1974.1 Machinery Safety. (No. 74.

(3) Without affecting the generality of subsection(2) of this section, until regulations are made underthis Act, the regulations made under the Actsrepealed by this Act, and in force at the time thisAct comes into operation, shall apply, so far asapplicable, to persons, acts, circumstances andthings under this Act, as if those regulations weremade under this Act.

5. This Act binds the Crown. Act bindsthe Crown.

6. (1) In this Act, unless the contrary intention atf preta-

appears"Board of Reference" means a Board consti-

tuted to hear appeals pursuant to section54;

"boiler" means any vessel in which for anypurpose steam or vapour is generated oris intended to be generated or water orother liquid is heated or intended to beheated, at a pressure above that of theatmosphere, by the application of fire,the products of combustion, or electricalmeans; the term includes any economiseror superheater or any feed, blowdown,mountings, fittings, connections or ancil-lary plant or apparatus necessary for theefficient and safe working of a boiler,including distribution pipelines; but theterm does not include a fully floodedsystem or pressurised system where thewater is or is intended to be heated to atemperature less than ninety-nine degreescelsius;

"certificate of competency" means a certificategranted by the Chief Inspector pursuant tosection 39, but where a certificate isendorsed with a reference to any restric-tion, limitation or condition means thecertificate as so subject;

"certificate of inspection" means a certificategranted by the Chief Inspector under sec-tion 16, but where a certificate is endorsed

No. 74.] Machinery Safety. (1974.

with a reference to any restriction, limi-tation or condition means the certificateas so subject;

"certificate of registration" means a certificategranted by the Chief Inspector undersection 13, but where a certificate isendorsed with a reference to any restric-tion, limitation or condition means thecertificate as so subject;

"Chief Inspector" means the person appointedor deemed to be appointed Chief Inspectorof Machinery under this Act;

"classified machinery" means a boiler, pressurevessel, crane, lift, escalator, or othermachinery classified by the Chief Inspectorunder section 11 as machinery which shallnot be used or operated unless there is inforce in relation thereto a valid certificateof inspection;

"conveyor" means a mechanical contrivancedriven by power and used or designed forraising, lowering or transporting any load,and includes an endless belt, rope or chain,rotating screw, or similar contrivance andany equipment associated with the opera-tion thereof; but the term does not includea crane, hoist, lift, or escalator;

"crane" means a structure equipped withmechanical means for moving or placing aload by raising, lowering or transporting it,and includes machinery or associated liftingapparatus necessary for its operation andthe supporting structure and foundations;but the term does not include a hoist, lift,escalator, or conveyor, or any earthmovingmachinery other than an excavatorequipped with a jib or boom;

"escalator" means a power driven inclinedcontinuous stairway used for raising orlowering passengers and includes a movingwalkway or moving ramp;

1974.1 Machinery Safety. [No. 74.

"fence" means any form of protective devicedesigned to prevent bodily injury andincludes a guard or guard rail;

"hoist" means any mechanical contrivance,other than a crane, lift, escalator, or conve-yor, the principal function of which is theraising or lowering or conveying of men,goods, or materials; the term includes menand materials hoists and builders' hoists ofevery kind and all the equipment associatedwith the operation of a hoist, whetherdetachable or not, and any part of thestructure or supporting structure which isstressed by the hoist under working condi-tions;

"inspector" means a person appointed ordeemed to have been appointed as aninspector of machinery under this Act andincludes the Chief Inspector and any personappointed for the time being to perform thewhole or any part of the duties ofan inspector;

"internal combustion engine" includes a com-pression ignition engine, a gas engine anda gas turbine;

"lift" means any machinery, not being a hoistor machinery used for constructing raisesin a mine, having an enclosed platform orcage the direction or movement of whichis restricted by a guide or guides, and whichis used or capable of being used for thepurpose of raising or lowering men, goods,or materials; the term includes allmachinery, supports, enclosures, and asso-ciated equipment, whether detachable ornot, used for the purpose of operating thelift;

"locomotive" means a vehicle propelled by itsown motive power and running on rails,which is used primarily for the haulage ofwagons or other rolling stock; but the term

No. 74.] Machinery Safety. 11974.

does not include a special vehicle usedsolely for the maintenance or inspection ofthe rail tracks, and which does not haulother rolling stock;

"machinery" means any boiler, pressure vessel,engine, motor, crane, conveyor, hoist, lift,escalator, machine, gearing, or mechanicalappliance constructed of any material andworked or capable of being worked by anykind of power, and any supporting structurestressed by its operation;

"owner", used in relation to machinery, meansthe person to whom it belongs or the hirer,lessee, borrower, bailee, or mortgagee inpossession, thereof and includes any attor-ney, agent, manager, foreman, supervisor orother person in charge of, or having controlor management of, that machinery;

"place" means any structure or area, enclosedor otherwise, whether above or belowground, wherein or whereon any machineryis erected, or is being erected, kept, used,worked, or is in operation; and withoutlimiting the generality of the foregoinginterpretation, the term includes any road,street, house, or building, and any ship, raft,punt, hulk or boat not propelled by its ownmotive power, wherein or whereon anymachinery is erected, or is being erected,kept, used, worked or is in operation;

"pressure vessel" means any closed vessel, orvessel open to the atmosphere, not being avessel heated by the application of fire orthe products of combustion or electricalmeans, and which is a vessel subject orintended to be subjected to a pressuregreater than atmospheric pressure, includ-ing pressure due to static head, by liquid,steam, air, vapour, gas or gaseous sub-stance; the term includes all mountings,


fittings, pipelines and ancillary equipmentassociated with the vessel for safe opera-tion; but the term does not include

(a) a receptacle commonly known as apressure pack, or a pipeline con-structed under the provisions of anyother Act; or

(b) a compressed air line, a water line,or a pneumatic loader of explosiveswhen used in a mine;

"record" includes any document, drawing, form,specification, certificate, report, film orinformation which is required to be pro-duced to an inspector;

"rural employee" includes all persons employedin rural industry other than those personswho have an ownership interest in themajor capital holding of a rural industry,and for the purpose of this provision aperson who is granted a part share in arural industry under the terms of hisemployment and who relinquishes thatshare upon termination of his employmentshall not be taken to have an ownershipinterest;

"rural industry" means any industry in whichpersons are engaged for hire or reward,whether as employees or otherwise,

(a) upon any farm, orchard, vineyard,agricultural holding or pastoral hold-ing in connection with dairying,poultry farming, bee farming, or thesowing, raising, harvesting or treat-ing of grain, fodder, sugar cane, fruit,cotton, or other crop or farm produce,whether grown for food or not, or themanagement, rearing or grazing ofhorses, cattle, sheep or other live-stock, or the shearing or crutchingof sheep, or the classing, scouring,


sorting or pressing of wool, upon anyfarm or station, or at any other farmor station work; or

(b) in flower or vegetable market gardensor nurseries; or

(c) at clearing, fencing, trenching, drain-ing, or otherwise preparing land forany purpose hereinbef ore mentioned;

"rural machinery" means machinery usedwithin a rural industry but does not includeany boiler, crane, hoist, steam engine orpressure vessel;

"section" means section of this Act;"serious bodily injury" means an injury that is

likely to incapacitate the person sufferingthe injury from working at his ordinaryoccupation and earning his usual rate ofremuneration for a period of three days ormore;

"steam engine" includes a steam turbine;

"the repealed Acts" means the Acts referred toin section 4;

"the Under Secretary" means the personholding the office of Under Secretary in theDepartment of Labour and Industry inthe Public Service of the State, or, if at anytime there is not an office of that name, theperson for the time being occupying theoffice substituted therefor;

"to erect" includes to manufacture, to construct,to set up, to set or place in position, toinstal, and similar connotations;

"winding engine" means any engine used forraising or lowering men or materials inany vertical or inclined shaft on any mine,sewerage or other works, and whethererected on the surface or underground;

"working conditions", used in relation to thestate of machinery, includes any conditionswhere machinery is subject to stresses or

1974.] Machinery Safety. [No. 74.

capable of being subject to stresses byvirtue of its operation or readiness foroperation.

(2) In this Act a reference

(a) to a failure to do any act or thing, includesa reference to a refusal or neglect to dothat act or thing;

(b) to the contravention of any provision, termor condition includes a failure to complywith, observe or carry out that provision,term or condition.

(3) Where a meaning is assigned to any term bythis section cognate expressions used in this Act,unless a contrary intention appears, have a cor-responding meaning.

7. (1) Subject to the provisions of this section, Agar-section 35 and section 75, this Act applies tomachinery of every kind.

(2) Unless the context or a specific provisionotherwise requires, this Act does not apply tomachinery of the kind referred to in this subsec-tion namely

(a) machinery driven by treadle, wind, oranimal power;

(b) machinery driven by hand, not being acrane designed for loads exceeding onetonne;

(c) machinery driven by an electric motor ofwhich the power is less than 0.75 kilowatts,not being a self contained hoist or lift;

(d) rural machinery, other than as requiredunder Part IX of this Act;

(e) machinery driven by an internal combus-tion engine, or by electricity, used exclu-sively by a miner or prospector in thepursuit of his calling and on which nolabour for reward is employed;

Act No. 72of 1948.

Exemptions.


(f) traction machinery, not being a locomotive,used solely for traction purposes anddriven otherwise than by steam;

(g) machinery used or intended to be used onor employed in the operation of Govern-ment railways under the control of theCommissioner of Railways;

(h) machinery used exclusively for domesticpurposes;

(i) any motor vehicle, launch or boat drivenor propelled by an internal combustionengine or steam or electricity, not being amotor vehicle driven by steam and usedfor carrying passengers or goods forreward;

(j) machinery used or intended to be used onany ocean going ship or steamship;

(k) any machinery of any floating crane, bargeor similar kind of marine craft not directlydriven or propelled by motive power andwhich is subject to the provisions of theWestern Australian Marine Act, 1948; and

(1) such other machinery as is prescribed.

(3) The Governor may by Order in Councildeclare that this Act, or any provision of this Actspecified in the Order, shall not apply to anymachinery or class of machinery of a kind specifiedin the Order, and may by subsequent Order inCouncil from time to time amend, vary or revokesuch Order in Council.

(4) The provisions of this Act shall not be con-strued as limiting or affecting the provisions ofany other Act the administration of which has beenplaced under the control of the Minister responsiblefor mining matters.


8. Where the Minister is satisfied that any fitent0.11machinery

(a) is owned by a charitable institution ororganisation; or

(b) is used solely for the purpose of educationor instruction,

he may, by notice in the Gazette, grant, to anyperson who would otherwise be liable to pay anyapplication, registration, inspection, or other feeunder this Act in relation to that machinery, an"This Act"

includesexemption from that liability. regulations.See s. 4 ActNo. 30 of1918.

PART IL-ADMINISTRATION. Administra-tion.

9. (1) This Act shall be administered by theMinister, and subject to any direction of the Minis-ter, by the Under Secretary.

(2) The costs and expenses incurred in theadministration of this Act shall be defrayed out ofmoneys to be provided by Parliament for thatpurpose.

(3) To assist the Minister in the administrationof this Act there shall be a Board, to be called theMachinery Safety Advisory Board, which shallconsist of

(a) the Under Secretary, who shall be Chair-man; and

(b) two other members appointed by theGovernor for a term of five years andeligible to be re-appointed on the expirationof their term of office.


(4) The members of the Board appointed by theGovernor shall be persons who have indicated inwriting their willingness to act as a member of theBoard of whom

(a) one shall be selected on the joint writtennomination of the bodies respectivelyknown as the Western Australian Em-ployers' Federation (Incorporated) andThe West Australian Chamber of Manu-factures (Incorporated) to represent theowners of machinery to which this Actapplies; and

(b) one shall be selected on the writtennomination of the body known as TheTrades and Labor Council of WesternAustralia to represent employees engagedin work with or on machinery to whichthis Act applies.

(5) The Governor may appoint a person selectedand nominated in the like manner to act as thedeputy of an appointed member of the Board whilethat member is incapacitated by illness or othersufficient cause from performing the duties of hisoffice, and a reference in this section to a membershall be construed as including a reference to adeputy acting in the place of that member.

(6) If after the expiration of thirty days, or suchlonger period as the Minister may allow, followingthe written request of the Minister so to do a bodyhaving the right to nominate an appointed memberhas failed to submit a nomination, the Ministermay recommend for appointment such person ashe thinks fit.

(7) The Chairman of the Board

(a) may at any time convene a meeting of theBoard;

(b) shall preside at all meetings at which heis present; but


(c) may appoint in writing some other personto attend and act in his place at anymeeting and that person, when so acting,shall for all purposes be deemed to be theChairman.

(8) If a member of the Board ceases to holdoffice before the expiration of the period of hisappointment another person may, in accordancewith this section, be appointed in his place for theremainder of that period.

(9) If a member of the Board other than theChairman

(a) is an undischarged bankrupt or a personwhose property is subject to an order orarrangement under the laws relating tobankruptcy;

(b) is absent, except on leave granted by theBoard, from three consecutive meetings ofthe Board;

(c) resigns his office by writing under his handdelivered to the Minister; or

(d) has his appointment terminated by theGovernor for inability, inefficiency or mis-behaviour,

his office becomes vacant and he is not eligible forre-appointment.

(10) Each member of the Board shall be paidsuch fees or remuneration and such travelling andout of pocket expenses as the Minister may approve.

(11) No question shall be decided by the Boardunless the three members of the Board are presentat the meeting when the question is being decided,but the question may be decided by a majority ofthe votes of the members voting.


(12) With the consent of the Minister administer-ing that department, the Board may co-opt theservices of any person employed in a departmentof the Public Service of the State upon such termsas may be agreed between that Minister and theMinister.

(13) The Board shall in relation to any machineryto which this Act applies

(a) collaborate with organisations of employersand owners of machinery, and of employees,and with authorities and bodies engaged intechnical research;

(b) investigate and report on any questionreferred to the Board by the Ministerrelating to machinery safety matters;

(c) investigate and make recommendations tothe Minister with regard to all measuresnecessary for securing the safety of personsengaged in work with, on or in the vicinityof that machinery, including-

(i) the prevention or diminution ofnoise;

(ii) the prevention of accidents;

(iii) the supply and use of protectiveclothing and protective equipment;

(iv) the making, amending or revokingof regulations; and

(d) carry out such other functions as may beprescribed.


(14) The Board, or any member of the Boardwho is authorised in writing by the Chairman soto do, may at any reasonable time exercise theright of an inspector to enter upon any place orpremises for the purposes of inspection, examinationand inquiry and in relation thereto shall enjoy thelike protection from liability.

10. The Under Secretary shall make, in eachyear, a written report to the Minister as to theadministration of this Act, and the report shallbe made before the first day of October in each year.

Annual re-port as toadministra-tion of theAct.

PART M.-REGISTRATION AND CERTIFICATION.

11. (1) The prescribed particulars of allmachinery to which this Act applies shall beentered in a Register to be maintained by the ChiefInspector.

(2) At the time of the first entry of the particu-lars relating to any machinery in the register theChief Inspector shall determine whether it is tobe treated as

(a) classified machinery, being a boiler, pres-sure vessel, crane, lift, escalator or othermachinery which shall not be used oroperated unless there is in force in relationthereto a valid certificate of inspection; or

(b) machinery in relation to which no certi-ficate of inspection is required.

(3) The registration of classified machinery doesnot require renewal and continues in force for solong as a valid certificate of inspection in relationthereto continues in force, but no longer.

Registra-tion.


(4) The registration of machinery in relation towhich no certificate of inspection is required con-tinues in force from the date on which the registra-tion is effected

(a) for such period, being a period of not morethan eighteen months, as the ChiefInspector enters in the Register; or

(b) until sooner suspended or cancelled by aninspector in accordance with the provisionsof section 32.

(5) The Chief Inspector shall give notice in writ-ing to the owner of any machinery registered

(a) as to whether it is to be treated as classi-fied machinery; or

(b) as to the date of the expiry of the periodof registration effected in relation thereto.

Applica-tions. 12. (1) An application for the registration of any

machinery under this Act, or for the renewal of aregistration, shall be made by the owner to the ChiefInspector in the prescribed manner accompanied bythe prescribed fee.

(2) If the machinery on the date of coming intooperation of this section is not in or on a place orpremises in respect of which the owner is registeredas occupier under the Factories and Shops Act, 1963,and was immediately prior thereto the subject of avalid certificate of inspection issued under therepealed Acts,

(a) no application for registration under thisAct is required from the owner; and

(b) the Chief Inspector shall enter the pre-scribed particulars in the Register and shallnotify the owner in writing that the entryhas been effected.


(3) If the machinery on the date of coming intooperation of this section is in or on a place orpremises in respect of which the owner is registeredas the occupier under the Factories and Shops Act,1963, the owner shall apply for registration of themachinery under this Act on the occasion of thenext application for the renewal of the registrationunder that Act.

(4) If the provisions of subsection (2) or sub-section (3) of this section do not apply to anymachinery, the owner of that machinery shall applyfor registration of it under this section

(a) within three months of the date of cominginto operation of this Act; or

(b) within fourteen days of becoming the ownerof it; or

(c) if the machinery was previously classifiedmachinery, within fourteen days of it ceas-ing to be classified machinery,

whichever is the later.

(5) Subject to this Act, a renewal of the registra-tion of any machinery on or before the date of expirycontinues that registration in force for the periodentered in the Register at the time of renewal, andso on accordingly.

13. (1) The Chief Inspector, upon being satisfied :reigagrthat the requirements of this Act as to any applica- ratzt"tion for registration or for the renewal of a registra-tion and for the payment of the prescribed fees have mag: 30

been complied with, and that there are no groundsupon which the application ought to be refused,shall enter the prescribed particulars in the Registerand shall return to the owner one copy of the applica-tion form, endorsed with a receipt for the paymentof the prescribed fees, by way of a certificate ofregistration.

(2) The Chief Inspector may, in writing, at anytime after the receipt of an application for theregistration of, or for the renewal or amendment of

No. 74.] Machinery Safety.( 1974.

a registration in respect of, any machinery, requirethe applicant to furnish him with additionalinformation.

(3) Particulars of any limitation, restriction orcondition to which in the opinion of the ChiefInspector the registration ought to be made subjectshall be entered in the Register and may be endorsedon the certificate of registration.

Refusal of,and condi-tional regis-tration.

Offences asto registra-tion.

14. Where the Chief Inspector refuses an applica-tion for registration, or renewal of registration, orfor the amendment of a registration, or makes anyregistration subject to a limitation, restriction orcondition, he shall notify the applicant, in writing,and the notification shall be accompanied by awritten statement of the grounds upon which thedecision was made.

15. (1) The requirement that any machinery beregistered under this Act commences on the datespecified in relation thereto by section 12 andremains in force for so long as that machinery iscapable of being used.

(2) A person who uses or operates any machin-ery liable to be registered under this Act

(a) which is not so registered; or(b) otherwise than in accordance with any

limitation, restriction or condition that isentered in the Register in relation thereto,

commits an offence, unless he has been authorizedin writing by an inspector so to do.

Certificationprocedure. 16. (1) Where an application is made for the

grant or renewal of a certificate of inspection inrelation to classified machinery and the ChiefInspector is satisfied

(a) that a notice giving directions to stop theuse or operation of the machinery is notrequired; and


(b) that the machinery is safe for the purposeintended,

he shall, on payment of the prescribed fee, grant tothe owner a certificate of inspection in the pre-scribed form.

(2) A certificate of inspection may be grantedsubject to any limitation, restriction or conditionwhich the Chief Inspector thinks necessary andendorses thereon.

(3) A certificate of inspection continues in forcefrom the date of issue

(a) for such period, being a period of not morethan eighteen months, as the Chief Inspec-tor considers appropriate and endorses onthe certificate; or

(b) until sooner suspended or cancelled by aninspector in accordance with the provisionsof section 32.

(4) A certificate of inspection issued under theprovisions of the repealed Acts and still in forceshall be deemed to have been granted under thisAct.

17. (1) Where any machinery to which a certi-ficate of inspection relates has not been inspectedand the certificate of inspection would otherwiseexpire within twenty-eight days the owner of themachinery may apply in writing to the ChiefInspector for the issue of a further certificate by wayof renewal.

(2) An application for the renewal of a certificateof inspection shall be accompanied by a statementsigned by the owner of the machinery specifying

(a) whether any and what repairs, alterationsor additions have been made in or tothe machinery since the date of issue of thecertificate of inspection then in force;

Renewal ofcertificate ofinspection.

No. 741 Machinery Safety. [1974.

(b) whether any and what stoppages haveoccurred and the reasons attributed forthem; and

(c) whether or not the owner is satisfied thatthe machinery is in a safe condition andfit to be safely used for the purpose forwhich it is intended.

Refaxtdusal of. 18. Where the Chief Inspector refuses an appli-=Cation. cation for the grant or renewal of a certificate of

inspection, or grants a certificate subject to a limi-tation, restriction or condition, he shall notify theapplicant, in writing, and the notification shall beaccompanied by a written statement of the groundsupon which the decision was made.

Offences asto certifi-cates.

19. (1) Where, during the period of twenty-eight days immediately following the expiry of thelast certificate of inspection in relation to anymachinery, a person would otherwise be liable foran offence against this section it is a defence forhim to show

(a) that no direction or order in respect ofthat machinery had been issued undersection 30; and

(b) that an application for the renewal of thecertificate had been made and that he hadreceived no notice of refusal.

(2) Subject to subsection (1) of this section, aperson who-

(a) owns any classified machinery which iscapable of being used; or

(b) uses or operates any classified machinery,

without there being in force a valid certificate ofinspection in relation thereto, commits an offence,unless he has been authorized in writing by aninspector so to do.


(3) A person who uses or operates any classifiedmachinery otherwise than in accordance with anylimitation, restriction or condition that is endorsedon the certificate of inspection in relation theretocommits an offence, unless he has been authorizedin writing by an inspector so to do.

20. (1) Subject to subsection (2) of this section, ZIA= and

where the owner of any machinery,— movementsto be not/-fled.

(a) sells, leases, hires or otherwise deals in thatmachinery; or

(b) transfers any such machinery to anotherlocation,

he shall give notice specifying the particulars ofthat transaction or movement to the Chief Inspec-tor.

(2) The provisions of this section do not applyto

(a) machinery designed for mobile use whichis transferred from one place to another onhire or otherwise but is from time totime returned to the owner for inspectionand maintenance; or

(b) classified machinery in a mine or used ina petroleum drilling operation.

(3) For the purposes of this section a person shall -be taken to deal in machinery if he, for or in theexpectation of any remuneration or reward, partswith, transfers or confers a right to the use of thatmachinery.

(4) The Chief Inspector may, in writing, at anytime after the receipt of a notice given under sub-section (1) of this section. require the owner tofurnish him with additional information.

Notice ofpermanentcessation ofuse.


21. The owner of any boiler, pressure vessel,crane, lift, escalator or other classified machineryshall give notice in writing to the Chief Inspectorwithin twenty-eight days of the machinery per-manently ceasing to be capable of being used.

PART IV.-INSPECTION.Inspectionof machin-ery.

Inspectors.

22. All machinery, whether classified machin-ery or otherwise, may be inspected at any time ifan inspector considers it to be necessary in theinterests of safety.

23. (1) There may, from time to time, beappointed under the Public Service Act, 1904, suchnumber of inspectors of machinery as the Ministerconsiders necessary for carrying out the provisionsof this Act.

(2) One of the inspectors appointed under thissection shall be appointed by the Minister to be theChief Inspector of Machinery and another of themshall be so appointed Deputy Chief Inspector ofMachinery, who-

(a) in the event of illness or absence of theChief Inspector has and may exercise andperform the powers, authorities, duties andfunctions of the Chief Inspector under thisor any other Act; and

(b) may at any time exercise any power of theChief Inspector that the Chief Inspector,by instrument in writing, assigns to him,either generally or in any particular case.

(3) Without limiting the operation of section 4of this Act

(a) on the coming into operation of section 4the persons who, immediately prior theretowere respectively the Chief Inspector ofMachinery and the Deputy Chief Inspectorof Machinery shall be deemed to have been


appointed the Chief Inspector of Machineryand Deputy Chief Inspector of Machineryunder this Act; and

(b) each person who, immediately before thedate of coming into operation of section 4,was an inspector of any grade or class underany Act repealed by this Act shall, withoutfurther appointment under this Act, bedeemed to be appointed on that date aninspector of the same grade or class inaccordance with and for the purposes ofthis Act, and shall, subject to this Act, con-tinue to hold his office under this Act.

(4) A person who is an inspector under the Fac- f ,̀I116'3:"tories and Shops Act, 1963, or the Construction 01;: 13

Safety Act, 1972, may be appointed by the Ministerto be an inspector for the purposes of this Act forsuch period as the Minister determines but he shallcarry out only the powers, duties and functions thatare, from time to time, by instrument in writing,assigned to him by the Chief Inspector.

(5) Every inspector shall be furnished with acertificate of his appointment in the prescribedform, and, on entering any place or premises forthe purposes of this Act, he shall, if required by theowner or person in charge of the place or premisesor any person to whom a direction or order is givenby the inspector under this Act, produce the certi-ficate to him.

(6) A person who forges or counterfeits any suchcertificate, or makes use of any forged, counterfeitedor false certificate, or personates the inspectornamed in any certificate, or falsely pretends to bean inspector commits an offence against this Act.

Penalty: Five hundred dollars, or imprisonmentfor six months, or both such fine and imprison-ment.

Delegationby ChiefInspector.

Principalfunctions ofinspector."This Act"includesregulations.See e. 4 ActNo. 30 of1918.


24. (1) The Chief Inspector may, by instrumentin writing under his hand, delegate to any inspector,either generally or as specified in the instrumentof delegation, any of his powers and functions underthis Act except this power of delegation.

(2) A power or function so delegated may beexercised or performed by the delegate in accordancewith the instrument of delegation, and if the exerciseof any power or the performance of any functionwould, had it not been delegated, have dependedupon the opinion, belief or state of mind of the ChiefInspector in relation to a matter, that power may beexercised or that function performed by the delegateupon the opinion, belief or state of mind of thedelegate in relation to that matter.

(3) A delegation under this section is revocableat will and does not prevent the exercise of a poweror the performance of a function by the ChiefInspector.

25. The principal functions of an inspector underthis Act are-

(a) to promote the safety of persons engagedon machinery;

(b) to promote the safety of persons and pro-perty in the vicinity of machinery;

(c) to advise employers and employees as tosafe practices recommended in respect ofmachinery;

(d) to investigate accidents of any kind occur-ring in respect of every kind of machinery;

(e) to ensure that the provisions of this Actare complied with; and

(f) generally to take all such steps as may bedesirable to prevent or limit the occurrenceor repetition of accidents involvingmachinery.

1974.] Machinery Safety. (No. 74.

26. A person who is or has been an inspector isnot personally liable for any matter or thing done oromitted in good faith in the exercise or purportedexercise of any power or function conferred on orexercisable by him by or under this Act.

Protectionof inspector.

General27. (1) Every inspector may— powers andduties ofinspectors.

(a) at all reasonable hours by day or by night,enter any place or premises where there ismachinery, or where he has cause to believethat there is machinery or that machineryis to be installed or used, and remainthereon or therein, and may inspect thatplace or those premises, any machinerythere found and any equipment or thingconnected or used with any such machinery,and may make such examination andinquiry as he thinks necessary to ascertainwhether or not the provisions of this Act Includesapply or have been or are being complied rserncitwith; No. 30 of

te/8.

(b) in making any such inspection, call to hisaid any member of the Police Force of theState to assist him in the execution of hisduty or where he has reasonable cause toapprehend any obstruction in the executionof his duty;

(c) require the production of any register,record, notice or other document that anyperson is by this Act required to keep orexhibit in respect of machinery to whichthis Act applies, and copy any such docu-ment or make extracts from it;

(d) take with him into any place or premisesreferred to in paragraph (a) of this sub-section, any person he may require as aprofessional or expert adviser or interpreterand whose assistance he considers necessaryin the performance of his duties under thisAct;

No. 74.] Machinery Safety.( 1974.

(e) at all reasonable hours by day or by night,question, either alone or in the presence ofsome other person, any person as tocompliance with this Act in any particular;

(f) subject to the provisions of section 78,institute proceedings for offences againstthis Act; and

(g) exercise such other powers and authoritiesas may be prescribed.

(2) A person is not required, under the authorityof this section, to answer any question or give anyinformation tending to incriminate himself, andbefore a person is questioned by an inspectorpursuant to this section, the inspector shall advisethe person accordingly.

(3) A question, inquiry or requisition that is putor made on behalf of an inspector by a person actingas interpreter for the inspector shall be deemed tohave been put or made by the inspector, and theanswer thereto made to the interpreter shall bedeemed to have been made to the inspector.

Inspectionprocedure.

Owner toassistinspector.

28. (1) For the purposes of any inspection, aninspector may make, or direct the owner to makeor cause to be made, any examination or test thathe considers necessary in the interests of safety,and may give directions to facilitate the carryingout of any such examination or test.

(2) The owner of any place or premises whereonor wherein there is machinery shall furnish themeans required for, and shall comply with anydirections as to the making of, any entry, inspection,examination, test, inquiry, or otherwise for theexercise by an inspector of his powers under thisAct.

(3) A person who fails to comply with theprovisions of subsection (2) of this section or whoobstructs a person acting as professional or expertadviser to, or interpreter for, an inspector shall be


deemed to have obstructed the inspector in theexecution of his duties under section 29 and is liableto be punished under that section accordingly.

29. (1) Subject to subsection (2) of section 27, got riennZese 1-ts

a person shall not— tions•

(a) assault, resist or impede, delay or in anyway obstruct an inspector in the exerciseof his powers or in the discharge of hisduties under this Act;

(b) fail, without lawful excuse, to answer anyquestion put to him in pursuance of thisAct by an inspector or a person acting asprofessional or expert adviser to, orinterpreter for, an inspector, or give a falseor misleading answer to any such question;

(c) fail to comply in any respect with thelawful written request, requirement ororder of an inspector;

(d) when required by or under this Act tofurnish any assistance or to furnish anyinformation to an inspector, fail withoutlawful excuse to furnish that assistance orinformation, or furnish false or misleadinginformation;

(e) fail to produce any register record, noticeor other document which, pursuant toparagraph (c) of subsection (1) of section27, he is required by an inspector to produce,or fail to allow the inspector, upon his soproducing the same, to make copies of ortake extracts from it or any part thereofor of any entries therein;

(f) directly or indirectly prevent any personfrom appearing before or being questionedby an inspector; or

(g) use any threat or any abusive or insultinglanguage to any inspector or a personacting as professional or expert adviser, orinterpreter for an inspector, or to any


workman with respect to any inspection,examination or interrogation made underthis Act.

(2) Any statement made pursuant to anyrequirement made pursuant to this Act, shall not,if the person making the statement objected, at thetime of making it, to doing so on the ground that itmight tend to incriminate him, be admissible inevidence in any prosecution against the person forany offence not being the offence of contravening theprovisions of this section.

Power togive direc-tions.

30. (1) Where an inspector is of the opinion thatany machinery, or any part of any machinery, orany fitting or attachment to any machinery, isdefective or dangerous or in the interests of safetyrequires to be repaired or renewed, or that any otherthing may affect the safety of persons or propertyif the machinery is permitted to continue to be usedin the condition it then is, he may direct any personby notice in writing

(a) to stop using or operating that machinery;or

(b) to stop using or operating that machineryuntil the repairs, renewals, alterations ormodifications specified in the notice havebeen effected; or

(c) to stop using or operating that machineryexcept in accordance with the limitations,restrictions or conditions specified in thenotice.

(2) A direction given under subsection (1) of thissection may be expressed to take effect immediatelyor from a date to be specified in the notice.

(3) A person to whom a notice containingdirections is given under subsection (1) of thissection shall take all reasonable steps to bring thesubstantive requirements of those directions to theknowledge of the persons affected.

1974.] Machinery Safety. f No. 74.

31. Where an inspector has issued any order orgiven any direction or notice or made any requestunder this Act, he or any other inspector may, atany time, by direction of the Chief Inspector, with-draw or revoke or from time to time vary the order,direction, notice or request or take such furtheraction with respect thereto as may be necessary togive effect thereto.

Power tovary etc.order, direc-tion, etc.of inspector.

32. (1) Where the Chief Inspector considers itKg=tionnecessary in the interests of safety he may amend, Istc,Itnial;.add to or vary any limitation, restriction or tre=,,Orcondition that is applicable to an entry in the non.Register or to a certificate of inspection, and maysuspend or cancel any entry or any certificate if adirection given under section 30 or section 53 hasnot been complied with within the time specified.

(2) If so requested, the Chief Inspector shallfurnish in writing to the owner of the machineryto which the entry or certificate relates a statementof his reasons for any action taken by him undersubsection (1) of this section.

33. A person who discloses any information thathas been furnished to him or obtained by him underthis Act, or in connection with the execution of thisAct, commits an offence unless the disclosureis made

(a) with the consent of the person carrying onor operating any business to which thatinformation relates; or

(b) for the purpose of giving effect to theobjects of this Act and in the performanceof a duty under this Act.

Penalty: Two thousand dollars, or imprisonmentfor twelve months, or both such fine and imprison-ment.

Secrecy.

34. (1) Inspection documents, certificates and ,:ygicaobrlirother records held by the Chief Inspector shall beopen to inspection, without charge, by the owner of

No. 74.] Machinery Safety. (1974.

the machinery to which those records relate or anyperson authorized in writing by the owner, subjectto subsection (2) of this section, but shall not beopen to inspection by any other person.

(2) The records referred to in subsection (1) ofthis section shall not be made available forinspection by any person, and no copies thereofshall be taken

(a) where they relate to an accident involvingmachinery; or

(b) where they contain or refer to designinformation submitted by a person otherthan the owner.

(3) Where a person is permitted by this sectionto inspect any records he may, on payment of theprescribed fee and subject to any conditions thatmay be required of him, be permitted to take a copyof those records.

PART V.-CERTIFICATES OF COMPETENCY.

Applicationof thisPart.

35. (1) Subject to subsection (2) of this section,this Part of this Act applies to

(a) any locomotive or traction engine;(b) any internal combustion engine;(c) any winding engine;(d) any steam engine;(e) any crane or hoist;(f) any steam boiler;(g) any hot water boiler; and(h) such other machinery as is prescribed.

(2) This Part of this Act does not apply to(a) any boiler with a heating surface of not

more than 10 square metres;(b) any steam boiler which has electrical

heating elements of not more than 120kilowatt capacity;


(c) any steam boiler with a heating surface ofmore than 10 square metres but not morethan 15 square metres where the automaticcontrols and fail safe devices are of theprescribed kind and are serviced and main-tained in the prescribed manner;

(d) any non-steaming hot water boiler of aprescribed kind or class where the auto-matic controls and fail safe devices are ofthe prescribed kind and are serviced andmaintained in the prescribed manner;

(e) any internal combustion engine having acylinder area or combined cylinder area ofnot more than 1 290 square centimetres;

(f) any internal combustion engine having acylinder area or combined cylinder areaof more than 1 290 square centimetreswhere-

(i) in the opinion of the Chief Inspectorthe engine is in a location and isused for purposes where there islittle likelihood of damage resultingfrom any malfunction or failure;and

(ii) automatic controls and fail safedevices of the prescribed kind arefitted and are serviced and main-tained in the prescribed manner;and

(iii) the engine is used or operated underand in accordance with the writtenpermission of the Chief Inspector;

(g) any machinery used exclusively fordomestic purposes;

(h) any crane driven by hand or animal power;

(i) any self contained hoist driven by air orelectricity or hand power or any cantilevertype builder's hoist of not more than 11metres in working height;


(j) any hoist, winding engine, power shovelexcavator equipped with a jib or boom, orany underground locomotive, the authori-zation for the operation of which is a matterfor the Minister responsible for miningmatters;

(k) any locomotive used solely for amusementpurposes, other than a locomotive drivenby steam;

(1) any miniature locomotive; or(m) any machinery or class of machinery of a

kind specified for the purposes of this Partof this Act in an order for exemption madeunder subsection (3) of section 7.

Machineryto be incharge ofauthorizedpersons.

Onlyholders ofcertificatesof compet-ency to docertain acts.

Machinerynot to beleft un-attended bya compet-ent person.

36. At all times when that machinery is underworking conditions or in use, any machinery towhich this Part of this Act applies shall be in thecharge of a person who holds a certificate of com-petency, permit or licence, authorizing him to use,operate, or be in charge of that machinery.

37. A person who-(a) uses, operates, or acts as the driver or

operator in charge of any machinery towhich this Part of this Act applies; or

(b) otherwise than in a prescribed capacity,performs any operation or carries out anywork of a kind that is prescribed on or inrelation to any machinery to which thisPart of this Act applies,

commits an offence unless he holds, or is deemedto hold, a certificate of competency, permit orlicence, granted under this Act authorizing him soto do.

38. A person who is using, operating or in chargeof any machinery to which this Part of this Actapplies shall not when that machinery is underworking conditions or in use absent himself fromthat machinery unless relieved by a competentperson who is authorized to do so by or under thisAct.


39. (1) The Chief Inspector shall have the power (=gigsto grant any of the following certificates of coin- eate•

petency-(a) Winding Engine Driver's Certificate;(b) First Class Engine Driver's Certificate;

(c) Second Class Engine Driver's Certificate;(d) Steam Locomotive and Traction Engine

Driver's Certificate;(e) "A" or "B" Class Locomotive Driver's

Certificate;(f) Crane Driver's Certificate;(g) Hoist Driver's Certificate;(h) Internal Combustion Engine Driver's

Certificate;(i) Boiler Attendant's Certificate;(j) Welding Supervisor's Certificate;(k) Welder's Certificate;(1) a Restricted Certificate of Competency in

any of the categories referred to in para-graph (a) to paragraph (k) of this sub-section; and

(m) any other prescribed certificate.

(2) The Chief Inspector shall have power torestrict or to extend the authorization conferred bya certificate by endorsement on that certificate, andmay in the same manner impose any limitation orcondition on the exercise of the authority conferredby a certificate.

(3) A certificate of competency of a kind referredto in subsection (1) of this section authorizes theholder to drive, use, operate, or be in charge of, orto perform any operation or carry out any work onor in relation to, any machinery prescribed inrespect to or specified in that certificate subject tosuch limitations, restrictions, or conditions as areendorsed on that certificate.

(4) The extent of the authority conferred by anycertificate and the privileges exercisable by theholder shall be as prescribed.

Conditionsfor thegrant Of acertificateof compet-ency.

No. 74.1 Machinery Safety. [1974.

40. (1) Subject to this Act, all certificates ofcompetency shall be granted by the Chief Inspectorafter examination conducted by or on behalf of theChief Inspector.

(2) Examinations shall be held at the times andplaces determined by the Chief Inspector and shallrelate to such matters as are prescribed.

(3) On an applicant for a certificate of com-petency

(a) passing the prescribed examination, orotherwise satisfying the Chief Inspectorthat he possesses the prescribed qualifica-tions and experience;

(b) satisfying the Chief Inspector of his fitnessin all other respects; and

(c) paying the prescribed fee,

the Chief Inspector may grant to him a certificateof competency of the appropriate kind and class.

(4) The Chief Inspector may in his discretionrefuse to grant a certificate of competency.

(5) Every applicant for a certificate of com-petency

(a) where so required by the Chief Inspector,must produce a certificate in the prescribedform from a duly qualified medicalpractitioner;

(b) must satisfy the Chief Inspector that hisknowledge of the English language issufficient to enable him to perform theduties required of a holder of thatcertificate; and

(c) must produce to the Chief Inspectorsatisfactory evidence that he has had theexperience and fulfils the conditionsprescribed as required to render a personeligible to apply for that certificate.


41. On payment of the prescribed fee, and onproof that the applicant is resident in the State ofWestern Australia, and a person of good repute,and on production of satisfactory testimonials, anda certificate granted after examination by theBoard of Trade of the United Kingdom of GreatBritain and Ireland, or by any Board in HerMajesty's Dominions having authority from thesaid Board of Trade to grant certificates, the ChiefInspector may grant, without examination, acertificate of competency as follows

(a) to the holder of a first-class or second-classmarine engineer's certificate (steam)—aFirst Class Engine Driver's Certificate;

(b) to the holder of a first-class or second-classmarine engineer's certificate (motor)—anInternal Combustion Engine Driver'sCertificate; and

(c) to the holder of a third-class marineengineer's certificate (steam)—a SecondClass Engine Driver's Certificate.

Recognitionof MarineEngineers'certificates.

42. On payment of the prescribed fee the Chief Icy gigyei:!Inspector may, without examination, grant a :)aig'scertift-

certificate of competency to any person who satisfiesthe Chief Inspector that he is resident in the Stateof Western Australia, is a person of good repute, andis the holder of a certificate granted by any dulyconstituted and recognised authority within theCommonwealth, the qualifications for whichsubstantially correspond with the provisions of thisAct in relation to the certificate of competency forwhich he applies.

43. (1) A person who, immediately prior to thecoming into operation of this Part of this Act, wasthe holder of a certificate granted or deemed to havebeen granted under the repealed Acts of a kindspecified in the first column of the schedule to this

Transitionalprovisionsas to certifi-cates.


subsection is deemed to have been granted underthis Act a certificate of the kind specified oppositethereto in the second column,—

SCHEDULE.

First Column

Winding Engine Driver'sCertificate.

First Class EngineDriver's Certificate.

Second Class EngineDriver's Certificate.

Third Class EngineDriver's Certificate.

Locomotive and TractionEngine Driver'sCertificate.

"A" or "B" Class DieselLocomotive Driver'sCertificate.

Crane and Hoist Driver'sCertificate.

Internal CombustionEngine Driver'sCertificate.

Boiler Attendant'sCertificate.

Second Column

Winding Engine Driver'sCertificate.

First Class Engine Driver'sCertificate.



Steam Locomotive andTraction EngineDriver's Certificate.

"A" or "B" ClassLocomotive Driver'sCertificate.

Crane or Hoist Driver'sCertificate.

Internal CombustionEngine Driver'sCertificate.

Boiler Attendant'sCertificate.

(2) Where a person immediately prior to thecoming into operation of this Part of this Act wasthe holder of a certificate of service granted underthe repealed Acts he is deemed for the purposes ofthis section to have been the holder of the certificateof competency which under the repealed Acts wasthe equivalent of that certificate of service.

(3) Where a restriction or endorsement was placedon any certificate granted or deemed to have beengranted under the repealed Acts a similar restrictionor endorsement applies to any certificate which isdeemed to have been granted in relation theretounder the provisions of this section.


(4) Where a person immediately prior to thecoming into operation of this Part of this Act wasthe holder of a transfer certificate granted under therepealed Acts he is deemed to have been issued witha permit or licence by the Chief Inspector pursuantto the provisions of subsection (1) of section 45.

44. (1) In relation to certificates of competency,regulations may be made under this Act for or withrespect to

(a) the form of the certificate;

(b) the kinds of certificate applicable tospecified machinery;

(c) the classes of certificate of any specifiedkind;

(d) the duration, and the manner of renewal,of specified certificates;

(e) the endorsement, suspension or cancellationof certificates;

(f) the limitations, restrictions and conditionsthat may be imposed;

(g) the forms to be used for the purposes of thisAct, and the manner of, and time for, theircompletion including a requirement thatinformation supplied be verified bystatutory declaration;

(h) the fees that are payable;

(i) the examinations that may be required inrelation to specified kinds or classes ofcertificate;

(J) the conduct of examinations by or onbehalf of the Chief Inspector;

(k) the qualifications and the experience thatmay be required to satisfy the ChiefInspector;

Regulationsas to certifi-cates ofcompetency.


(1) the practical testing of applicants; and

(m) any other purpose that the Governor thinksnecessary for safeguarding persons and thepublic interest in relation to machinerysafety.

(2) In subsection (1) of this section "specified"means specified in the regulations.

Power tolicense. 45. (1) The Chief Inspector has power, where

the doing of any act would otherwise constitute acontravention of the provisions of section 37, to issuea permit or licence, which may be made subject tosuch limitations, restrictions or conditions as hemay require and endorse upon it, authorizing thedoing of that act in any case where for reasons oftraining, practice, unavoidable circumstances orpublic interest it appears to him to be necessary ordesirable.

(2) Where any person being the holder of acertificate of competency granted within theCommonwealth, or of such other qualification as isin the opinion of the Chief Inspector satisfactoryevidence of competence, makes application to theChief Inspector for a certificate in respect of thesame or a similar subject matter the Chief Inspectormay issue to him a temporary permit.

(3) A permit issued under subsection (2) of thissection

(a) shall be returned to the Chief Inspector atany time the Chief Inspector, by notice inwriting, so requires;

(b) authorizes that person to do any act thatwould otherwise constitute a contraventionof the provisions of section 37, for theperiod therein specified or until its return issooner required by the Chief Inspectorunder this subsection; and

(c) is subject to the limitations, restrictions orconditions endorsed thereon.


46. A person who, whether for himself or onbehalf of another person,

(a) makes, or causes to be made, anyfalsification in any matter relating to anapplication for, or the variation, grant oruse of a certificate of competency, permitor licence;

(b) knowingly presents, or causes to bepresented to the Chief Inspector anyforged, false or fraudulent document,representation or other purported evidenceas to his qualifications or experience;

(c) personates, or wrongfully represents him-self as being, the person referred to in anydocument presented to the Chief Inspector;or in any certificate, permit or otherdocument granted under this Act;

(d) makes any false statement upon anyinquiry or examination held or conductedunder this Act;

(e) makes a false statement in any declarationrequired under this Act; or

(f) gives a false testimonial to any person forthe purposes of, or in relation to, anyapplication made or to be made under thisAct,

commits an offence.

47. (1) Where it appears to the Chief Inspectorthat a person who is, or is deemed to be, the holderof a certificate of competency under this Act

(a) obtained that status by fraud or misrepre-sentation;

(b) as the result of a finding of any otherauthority exercising outside the Statepowers similar to those conferred on theChief Inspector by this Act, has been at

Offences asto certifi-cates ofcompetency.

Disciplinarypowers.


any time, and in the opinion of the ChiefInspector should continue to be, disqualifiedfrom carrying out the duties required of theholder of that kind of certificate;

(c) is guilty of an offence against this Act;

(d) is guilty of misconduct in relation to therequirements of machinery safety, byreason of negligence, incompetence orotherwise;

(e) is addicated to alcohol or any deleteriousdrug or suffers from any mental orphysical disorder to a degree that rendershim unfit to be trusted to perform hisduties as such holder efficiently,

the Chief Inspector may call upon that person toreturn his certificate to, and appear before, the ChiefInspector to show cause why he should not be dealtwith in accordance with the provisions of this Act.

(2) Pending the holding of the inquiry theChief Inspector may suspend any person, eithergenerally or to a specified extent, for a period notexceeding three months, from acting under anyauthorization or exercising any privilege conferredby a certificate.

Summaryprocedure.

48. Where the Chief Inspector considers that thematter does not require that the person required toshow cause should be disqualified or suspended, theChief Inspector, after affording to that person anopportunity of giving an explanation to the ChiefInspector either in person or in writing, may, if thatperson gives his consent in writing, deal with thematter summarily, without holding an inquiryunder the provisions of section 47.

Conduct ofbaquiry. 49. (1) Where the Chief Inspector calls for any

person to return his certificate and appear beforehim, the Chief Inspector shall give to that person,and to the secretary of the industrial union ofworkers to which that person belongs, notice of the

19741 Machinery Safety. [No. 74.

time and place at which the inquiry is to be held andsufficient details of the matters to be inquired intoto enable that person to show cause why he shouldnot be dealt with in accordance with the provisionsof this Act.

(2) In conducting the inquiry the Chief Inspectoris not bound by rules of evidence or legal procedureand may inform himself in any manner he thinksfit but the Chief Inspector shall afford the personwho is required to show cause, and the representativeof the industrial union of workers to which thatperson belongs, an opportunity to be heard, eitherin person or by solicitor or counsel, and to examinewitnesses.

(3) The Chief Inspector may by a summons inthe prescribed form require the attendance at anyinquiry held pursuant to section 47 of the personrequired to show cause, and may also require theattendance at those proceedings of any other personthat the Chief Inspector considers is likely to beable to give evidence or produce documents touchingthe matter in question, or who the person requiredto show cause desires to call as a witness.

(4) The Chief Inspector may administer an oathor affirmation to a person appearing to give evidencebefore him, whether the witness has been summonedor is voluntarily attending, and the witness may beexamined accordingly.

(5) A statement or disclosure made before theChief Inspector by a witness is not, except in anappeal under this Act or in proceedings for givingfalse testimony before the Chief Inspector,admissible in evidence against him in any civil orcriminal proceedings.

(6) The Chief Inspector may inspect documentsor other exhibits before him, may retain them forsuch reasonable period as appears to him to benecessary, and may make copies of so much of themas is relevant to a matter before him.

Attendanceat Inquiries,eta.


(7) A summons issued by the Chief Inspectorunder subsection (3) of this section

(a) may require the production of anydocument or other thing in the custody orcontrol of the person summoned;

(b) may be enforced by the Supreme Court ora Judge, on application by the ChiefInspector, in the same manner as asubpoena to the like effect issued by theSupreme Court in a civil action.

(8) A witness before the Chief Inspector has thesame protection as a witness in a matter before theSupreme Court.

(9) A person who attends for the purpose of givingevidence before the Chief Inspector is entitled toreceive such fees and allowances as the ChiefInspector may allow in accordance with the pres-cribed scale.

Proceedingsmay beconductedin camera.

50. (1) The Chief Inspector may, on his ownmotion or on the application of any person, deter-mine that it is in the public interest that aninquiry, or any part of an inquiry, should be heardin camera and the proceedings shall thereupon beconducted accordingly.

(2) Any question as to whether any proceedingsof the inquiry should or should not be heard incamera may be referred to a Judge and shall beheard in Chambers, and the Judge may reverse thedecision of the Chief Inspector or may confirm itabsolutely or upon conditions which may includeconditions intended to protect the business orinterest of any person, and may make such furtheror other order as the Judge thinks fit.

(3) The decision of a Judge on any matter underthis section is final.


51. (1) Where it appears to the Chief Inspector, l',Taegsrs.as the result of an inquiry held pursuant to section47, that the person required to show cause why heshould not be dealt with according to the provisionsof this Act has failed so to show cause, or if thatperson fails to appear at the inquiry withoutreasonable excuse, the Chief Inspector may

(a) disqualify that person and order that thecertificate of competency be returned tohim for cancellation;

(b) suspend the operation of a certificate ofcompetency in relation to that person,either generally or to a specified extent, fora period not exceeding twelve months;

(c) censure him and endorse the certificateaccordingly; or

(d) impose or vary any limitation, restrictionor condition and endorse the certificateaccordingly.

(2) The Chief Inspector may, in any case, inaddition to or in lieu of imposing any one or moreof the penalties specified in this section, order anyperson against whom an order is made to pay suchcosts and expenses of or incidental to the proceedingsas the Chief Inspector thinks fit.

(3) Where any costs or expenses are ordered tobe paid by any person under this section theamount ordered to be paid shall be recoverable fromhim in any court of competent jurisdiction as a debtdue to the Minister.

52. (1) Where the operation of a certificate ofcompetency is suspended generally the holder is notauthorised to do any act that would constitute acontravention of the provisions of section 37 duringthe period for which the suspension subsists.

Effect ofsuspension.

Appeal°.


(2) Where the operation of a certificate of com-petency is suspended to a specified extent the holderis not authorized to do any act in respect of whichthe certificate is suspended during the period forwhich the suspension subsists.

(3) The Chief Inspector may, by notice in writing,revoke an order for suspension, either generally orto a specified extent, and may direct in the noticethat the revocation have effect from a date specifiedin the notice.

PART VI.-APPEALS.

53. (1) The Minister may, for the purposes ofhearing appeals under this Act, constitute, fromtime to time, such Boards of Reference, or, fromtime to time, appoint an arbitrator, as he considersnecessary.

(2) Where a person is aggrieved by any directiongiven or order made under this Act by an inspector,including an order for the cancellation or suspensionof a certificate of competency, he may, withintwenty-eight days or where any other time has beenprescribed within that prescribed time, after thedirection or order has been given, appeal against thatdirection or order to the Minister.

(3) The operation of any direction given or ordermade under this Act shall not be suspended pendingthe determination of an appeal in respect of thematter.

(4) Notice of the appeal, in the prescribed form,shall be given to the Minister and a copy thereof tothe Chief Inspector.

(5) The Minister shall refer the appeal

(a) in the case of an appeal against an orderfor the cancellation or suspension of acertificate of competency, to a Board ofReference; and


(b) in any other case, to a Board of Referenceor to an arbitrator appointed under section54 if the parties to the appeal request theMinister in writing to refer the appeal forhearing to an arbitrator instead of referringit to such a Board.

(6) A Board of Reference or an arbitrator soconstituted or appointed shall exercise and dischargethe powers, authorities, duties and functionsconferred and imposed upon it or him by or underthis Act, and in particular

(a) shall hear, as soon as practicable, anyappeal referred to it or him in accordancewith this Act, at such time and place as itor he causes to be notified to the appellantand the inspector who is the respondentin the appeal and such other party, if any,as the Board or the arbitrator thinks fit;

(b) may, on the hearing of the appeal, byorder confirm, vary or set aside thedirection or order of the inspector inrespect of which the appeal is made andissue such directions as it or he thinks fit;

(c) shall set forth in writing the reasons for itsor his decision made on the appeal andforward a copy thereof to each party to theappeal.

(7) An appeal shall lie on a question of law fromany decision of a Board of Reference or an arbitratorto the Magistrate of the Local Court at Perth, butin all other respects the decision shall be final andshall be given effect according to its tenor by theparties to the appeal.

(8) The Magistrate of the Local Court at Perth

(a) may determine the appeal on the record ofthe appeal heard by the Board of Referenceor arbitrator, as the case may be, or onhearing evidence and submissions anew, orpartly on each as he thinks fit;


(b) may confirm, vary or set aside the decisionappealed against;

(c) may make such order as to costs of andincidental to the appeal as he considers just,

and the decision of the Magistrate shall be final andshall be given effect according to its tenor.

(9) Where any costs or expenses arising out of anappeal under this section are ordered to be paid byany person the amount so ordered to be paid shallbe recoverable from him in like manner to that inwhich a debt adjudged by the Local Court to bepayable can be recovered.

Boards ofReferenceand sal-trators.

54. (1) A Board of Reference shall consist ofthree persons appointed by the Minister, of whom

(a) one shall be appointed by the Minister tobe the Chairman of that Board ofReference;

(b) one shall be a person nominated in writingby the Western Australian Employers'Federation (Inc.) to represent the interestsof owners and employers in the matter towhich the appeal relates; and

(c) one shall be a person nominated in writingby the Trades and Labor Council ofWestern Australia to represent the interestsof employees in the matter to which theappeal relates.

(2) A Board of reference shall be constituted inrelation to each appeal.

(3) Two members of a Board of Reference forma quorum and the decision of any two members ofthe Board is the decision of the Board.


(4) A person appointed an arbitrator undersection 53 to hear an appeal shall be a person whois technically qualified in relation to the matterthe subject of the direction or order appealedagainst.

(5) For the purpose of an appeal under section53 a Board of Reference or an arbitrator constitutedor appointed by the Minister shall have the likepowers to require the attendance of persons or theproduction of documents or other things, toadminister oaths and affirmations, to examinepersons and to inspect and retain exhibits, as areconferred on the Chief Inspector by section 49, andthe provisions of that section generally apply tothe hearing by a Board of Reference or an arbitratorof an appeal as they apply to an inquiry conductedby the Chief Inspector.

(6) The members of a Board of Reference or anarbitrator constituted or appointed under thissection shall be paid, out of funds to be provided bythe Department of Labour and Industry for thepurpose, such fees or remuneration and suchtravelling and out of pocket expenses as theMinister, from time to time approves in writing.

55. Where a person aggrieved by a direction given goon oilunder section 30 appeals to the Minister under rgioafol-

section 53 and on the determination of the appeal appeal.

the Board of reference or the arbitrator or theMagistrate of the Local Court at Perth gives adirection in relation to the use or operation of anymachinery, any person who contravenes, or employs,permits or suffers another person to contravene, theprovisions of the direction given on the appeal byusing or operating machinery contrary theretocommits an offence and is liable to a fine of twothousand dollars, and if the offence is a continuingone, to a further fine of one hundred dollars forevery day on which the offence has continued.

No. 74.] Machinery Safety. 1.1974.

PART VII.-SAFETY PROVISIONS.Duty ofowner. 56. (1) In relation to any machinery to which

this Act applies it is the duty of the owner to ensurethat

(a) the machinery, and every part of themachinery including all fittings andattachments, is soundly constructed ofmaterial suitable for the purpose, and issafely installed;

(b) the construction and installation issupervised by competent persons, and iscarried out in accordance with suchrequirements as are prescribed;

(c) the machinery in use or capable of beingused is maintained in a safe and serviceablecondition;

(d) all working places are maintained in a safeand orderly condition; and

(e) the provisions of this Act are observed.

(2) A person who contravenes or fails to complywith the provisions of subsection (1) of this sectioncommits an offence.

Dealineg wt." 57. (1) A person who, whether as agent orchinery' otherwise, sells, leases, hires or otherwise deals in"This Act"includes machinery that is capable of being used and thatregulations.See s. ofct does not comply with the provisions of this ActNo. 301918. commits an offence.

(2) A person who manufactures, installs orrepairs machinery in a manner that does notcomply with the provisions of this Act commits anoffence.

(3) For the purpose of this section a person shallbe taken to deal in machinery if he, for or in theexpectation of any remuneration or reward, partswith, transfers or confers a right to the use of thatmachinery.


58. (1) A person who— Priorapproval toconstruction

(a) constructs or manufactures any boiler, TritecitIrpressure vessel, crane, lift, escalator, hoist cry.

or winding engine; or

(b) installs, erects, re-erects, sets up, or sets orplaces in position any crane, lift, escalator,hoist, or winding engine,

otherwise than under and in accordance with theprior written approval of the Chief Inspectorcommits an offence.

(2) The provisions of paragraph (b) of subsection(1) of this section do not apply to

(a) a hoist, a power shovel, or an excavatorequipped with a jib or boom, when used ina mine; or

(b) machinery that is mobile.

(3) A person who effects any repairs ormodifications to, or in any way alters, the mainstructure, safety devices or other safeguards of, orin relation to, any boiler, pressure vessel, crane, lift,escalator, hoist, or winding engine, otherwise thanunder and in accordance with the prior writtenapproval of the Chief Inspector commits an offence.

(4) A person who desires to obtain writtenapproval for the purposes of this section shallsubmit to the Chief Inspector such plans,specifications, drawings, design calculations andother information as are prescribed in the mannerprescribed.

(5) Approval for the purposes of this section maybe made subject to any limitation, restriction orcondition which the Chief Inspector considersnecessary and specifies by notice in writing givento the applicant.

Guarding ofmachinery.


59. (1) Every dangerous part of any machineryshall be securely fenced or guarded unless it is insuch a position or of such a construction as to beas safe as it would be if securely guarded.

(2) Where, by reason of the nature of theoperation being carried out, the safety of adangerous part of any machinery cannot be securedby a fixed guard the requirement of subsection (1)of this section is deemed to have been complied withif a fail safe or other device is provided whichautomatically prevents any person coming intocontact with the dangerous part of the machinery.

(3) Any part of any material or thing beingworked on by machinery which projects beyond anypart of that machinery shall be securely fenced orguarded unless it is in such a position as to be assafe as it would be if securely guarded.

Construc-tion andmaintenanceof safe-guards."This Act"includesregulations.See s. 4 ofAct No. 30 of1918.

Unfencedmachinery.

60. All fences, guards, safety devices or othersafeguards required under the provisions of thisAct shall be of substantial construction, and con-stantly maintained and kept in position while theparts or machinery to be safeguarded are in motionor use except when necessarily removed for exami-nation, lubrication or adjustment purposes.

61. In determining whether any part of anymachinery is in such a position or of such aconstruction as to be as safe as it would be if securelyguarded

(a) no account shall be taken of any personcarrying out, while the part of themachinery is in motion, an examinationthereof or any lubrication or adjustmentshown by the examination to be immedi-ately necessary, if the examination, lubrica-tion or adjustment can only be carried outwhile the part of the machinery is inmotion;


(b) in the case of any part of transmissionmachinery used in a prescribed process,where owing to the continuous nature ofthe process the stopping of that part wouldseriously interfere with the carrying on ofthe process, no account shall be taken ofany person carrying out any lubricationor any maintenance or replacement pro-cedures,

if the persons involved, the circumstances prevailing,and the methods used have been approved by theChief Inspector in accordance with the regulationsprescribed for the purposes of this section, and allconditions specified therein are complied with.

62. A person who knows of any defect, malfunc-tion or other thing likely to render any machinerydangerous to persons or property and fails to reportthe matter forthwith to the owner, manager,engineer, supervisor or other person in immediateauthority over him, commits an offence.

Reportingof unsafemachinery.

63. (1) A person who operates, uses, or acts as yggac

ethe driver or operator in charge of any machinery mhinerY.

without exercising ordinary and reasonable pre-caution to ascertain that the machinery is notunsafe commits an offence.

(2) A person who operates, uses or acts as thedriver or operator in charge of any machineryknowing that any fence, guard or safety devicerelating to the machinery is inoperative, defective,or likely to render the machinery dangerous topersons or property, commits an offence unless heis acting under and in accordance with the expressauthority of the Chief Inspector.

64. A person who wilfully and without proper Wilfulinterference.cause or lawful authority interferes with any safety

device in relation to machinery, or who takes any


action likely to render machinery dangerous topersons or property or to damage any machinery,commits an offence.

Penalty: One thousand dollars, or imprisonmentfor twelve months, or both such fine and imprison-ment.

Construc-tion sites. 65. (1) A person who uses or erects

(a) any crane, other than a mobile crane;

(b) any builder's hoist or power driven hoist;

(c) any other machinery prescribed for thepurposes of this section,

on a building construction or engineering construc-tion site, without having given not less than threedays' prior notice in writing to the Chief Inspector,commits an offence.

(2) The requirement of subsection (1) of thissection is in addition to and not in derogation of

Act No. 13 of the provisions of the Construction Safety Act, 1972.19n.

Welding tobe carriedout by com-petentpersons.

66. (1) A person who carries out any weldingoperation on machinery that is prescribed for thepurposes of this section commits an offence unless

(a) he holds, or is deemed to hold, a certificateof competency, permit or licence, grantedunder this Act authorizing him so to do; or

(b) the welding operation is carried out underthe personal supervision of a person soauthorized.

(2) For the purposes of this section, the definitionof what constitutes a welding operation may beprescribed from time to time.

Specialsafetyregulations.

67. (1) Where the Minister is satisfied that anymachinery or process involving machinery is of sucha nature as to cause special risk of serious bodily


injury to any person, the Governor may make suchspecial regulations as appear to the Minister to bereasonably practicable and to meet the case.

(2) Regulations made under this section may,amongst other things

(a) prohibit the employment of, or modify orlimit the hours of employment of, persons orany class of persons in connection with anysuch machinery or process;

(b) prohibit, limit, or control the use of anysuch machinery or process;

(c) modify or extend with respect to suchmachinery or process any provisions of thisAct imposing requirements as to safety; and

(d) require an owner to make reasonableprovision by arrangements for specialsupervision in regard to safety, investigationof the circumstances and causes of acci-dents, and otherwise as may be specified.

68. (1) Every employer shall provide or cause tobe provided for each workman engaged in anycapacity on machinery that is prescribed for thepurposes of this section the protective equipmentprescribed, subject to the the conditions prescribed.

(2) A workman shall not fail to wear or useprotective equipment when required to do so by orunder this Act.

(3) A workman shall not

(a) without the permission of his employer,remove from any place or premises anysafety equipment provided in accordancewith this Act;

(b) fail to carry out protective or safetymeasures required of him by this Act or byan inspector pursuant to this Act; or

Protectiveequipment.

"This Act"includesregulations.See s. 4 ofAct No. 30 of1918.


(c) act in such a way on or in any place orpremises as to

(i) render ineffective any safety or pro-tective measures provided by hisemployer in accordance with thisAct; or

(ii) endanger his own safety or that ofanother person.

Penalty: One hundred dollars.

PART VIII.-ACCIDENTS.

Accidents to 69. (1) Where an accident occurs arising out ofpersons toreported.

be or in connection with the installation, working or

motion of machinery of any kind whatever and theaccident causes loss of life or serious bodily injuryto any person, the owner of that machinery shallgive notice forthwith to the Chief Inspector bythe fastest practicable method of communicationspecifying

(a) the cause of the accident so far as it isknown;

(b) the precise location where it occurred; and

(c) the name of every person killed or seriouslyinjured in the accident.

(2) Where an accident occurs arising out of orin connection with the installation, working ormotion of machinery causing injury to a personwhich is not serious bodily injury but which is likelyto incapacitate him from working for more than oneday, the owner shall give notice of the accident tothe Chief Inspector as soon thereafter as it isreasonably practicable to do so and in any eventwithin a period of thirty days.

(3) Where an accident is notified under theprovisions of subsection (2) of this section and afternotification results in death or serious bodily injury,notice in writing of the changed circumstances shallbe given as soon as they come to the knowledge of


any person who would have been liable to give noticeunder subsection (1) of this section had the extentof the injury then been realised.

(4) Where an accident involving the loss of lifeof any person is notified to the Chief Inspector heshall, if he has reasonable cause to believe that thatperson was a member of an industrial union,thereupon notify the secretary of that industrialunion of the occurrence of the accident.

70. (1) Where an accident occurs involving the ==yt°breakage, distortion or damage of

(a) any load bearing part of any machinery towhich Part V of this Act applies;

(b) any boiler or pressure vessel;

(c) any crane, hoist, lift or escalator; or

(d) any other prescribed machinery,

the owner shall give notice specifying the particularsof the occurrence to the Chief Inspector as soonthereafter as it is reasonably practicable to do so.

(2) The Chief Inspector may, in writing, at anytime after the receipt of a notice given undersubsection (1) of this section, require the owner tofurnish him with additional information.

71. Where the Minister considers that, by reasonof the risk of serious bodily injury to personsemployed, it is expedient that notice should be givento the Chief Inspector in every case of any specialclass of accident to machinery or other occurrenceon or in any place or premises, the Governor mayby regulations extend the provisions of section69 or section 70 of this Act to any such class ofaccident or occurrence, and may by those regula-tions vary the time within which that notice is tobe given.

Power to ex-tend re-quirementas to notice.

72. Where an accident occurs involving loss of m;D:rtg.life or serious bodily injury to any person, a personwho moves, puts in motion, or in any way interferes


with the machinery concerned or any thing affectedor damaged as a result of the accident, commits anoffence unless his action is necessary

(a) for the purpose of saving life or relievingsuffering;

(b) in order to prevent damage to property; or

(c) to stop the machinery,or unless he has first obtained the permission of aninspector, or, where no inspector is reasonablyavailable, a member of the Police Force.

Penalty: Two hundred dollars.

Inspector toreport.

Inquiry maybeordered.

73. An inspector in any case may, and shall

(a) upon receipt of a notice of an accidentinvolving loss of life or serious bodilyinjury, forthwith; and

(b) in relation to any accident not involvingloss of life or serious bodily injury, uponbeing directed,

investigate the circumstances of the occurrence ofan accident and, where practicable, determine thecause and report thereon to the Chief Inspector.

74. (1) Where an accident involving loss of lifeor serious bodily injury has occurred, the Ministermay direct an inquiry to be held before a StipendiaryMagistrate and two other persons appointed by theMinister.

(2) The Stipendiary Magistrate and otherpersons so appointed may hold the inquiry at suchtimes and places as the Magistrate appoints, andshall report in writing to the Minister on the causeof the accident as soon as practicable after conclud-ing the inquiry.

(3) With respect to the summoning andattendance of witnesses and the production ofdocuments at or upon the inquiry, and the

1974.1 Machinery Safety. (No. 74.

examination of those witnesses upon oath, theStipendiary Magistrate has all the powers that hewould have or might exercise in any case withinhis jurisdiction under the Justices Act, 1902.

(4) Any inspector may attend an inquiry heldunder this section or any coroner's inquiry held inconnection with any accident referred to insubsection (1) of this section and may examine anywitness at the inquiry.

(5) Every witness summoned and attending atany inquiry held under this section is entitled tosuch fees and expenses as the StipendiaryMagistrate and other two persons holding theinquiry may order and they shall be paid by theperson against whom the order is made.

(6) Any costs payable pursuant to an order madeunder this section may be recovered as a debt due,in any court of competent jurisdiction.

PART IX.-RURAL MACHINERY.

75. (1) The following provisions of this Act donot apply to rural machinery, that is to say

(a) PART III.-REGISTRATION AND CERTIFICA-TION;

(b) PART V.-CERTIFICATES OF COMPETENCY;and

(c) in relation to PART VIII.-ACCIDENTS,-

(i) subsection (2) and subsection (3) ofsection 69;

(ii) section 70; and(iii) section 73.

(2) Unless the context or a specific provisionotherwise requires, the provisions of this Act do notapply to rural machinery of the following kinds, thatis to say

(a) rural machinery driven by treadle, wind oranimal power;

ApplicationOf Chia Actto ruralindustry.


(b) rural machinery driven by hand power;(c) rural machinery driven from mechanical

power derived from a wheel which revolvesin contact with the ground;

(d) any motor vehicle;(e) machinery used exclusively for domestic

purposes;(f) machinery driven by an electric motor of

which the power is less than 0.75 kilowatt;and

(g) such other machinery as is prescribed.

(3) Except as provided in, or in regulations madeunder, this Part of this Act, the provisions of thisAct apply to all rural machinery of whatever kindwhen that machinery is used or operated by anyrural employee and apply to a wheeled tractor whenused or operated in a rural industry by any personwhatsoever.

(4) Notwithstanding the coming into operationof this Act or any provision of this Act generally,the Act or that provision shall not apply in relationto the matters specified in the first column of theschedule to this subsection until after the expiry ofthe period specified in the second column of thatschedule following upon the date of the coming intooperation of this Part of this Act.

SCHEDULE.

The provision of general guarding ofrural machinery

(a) new rural machinery sold onor after the coming intooperation of this Part of thisAct . Six months

(b) any other rural machinery Eight years

The guarding of power take offs ontractors Six months

The provision of a protective cab orframe over the driver's seat on atractor

(a) a new tractor sold on or afterthe coming into operation of Twelvethis Part of this Act .... months

(b) any other tractor Ten years


(5) Any provision of this Act that may requirethe fitting of a protective cab or frame upon awheeled tractor shall not apply to

(a) a tractor weighing less than 560 kilogramsor more than 3 855 kilograms, the mass ofthe tractor being deemed to be the lowestmass in which the tractor in any form isnormally available for retail sale when newand without water, fuel and lubricating oil;or

(b) a tractor used in, or being driven to orfrom, an operation-

(i) in an orchard; or(ii) inside or in close proximity to a

building,

where it would not be reasonably practicablefor the operation to be carried out by meansof the tractor if it were fitted with aprotective cab or frame built in accordancewith the provisions of this Act.

76. Upon receipt of a notification of an accident flic=itesinvolving rural machinery the Chief Inspector may =tory.require an inspector to investigate the circumstancesof the occurrence of the accident and, wherepracticable, to determine the cause and reportthereon.

77. (1) The Governor may make regulations, not %errinconsistent with this Act, prescribing all matters industry.

related to rural machinery necessary or convenientfor securing the health, safety and welfare ofpersons engaged in rural industry for hire or rewardwhether as employees or otherwise.

(2) Without limiting the general power conferred,by subsection (1) of this section, the Governor may,in relation to rural industries, make regulations

(a) requiring the provision of protectiveguarding and frames upon tractors;

(b) providing for the safety of persons usingor riding upon tractors;

Power toprosecutewith consentof UnderSecretary.

Proceedingsfor offencesto be heardby Stipen-diaryMagistrate.


(c) requiring the guarding of machinecomponents including any shafting, pulley,flywheels, gearing, sprocket, belt, chain, fanor auger on rural machinery; and

(d) regarding the obligations of users, sellersor lessors of rural machinery.

(3) The provisions of subsections (2), (4) and(5) of section 88 shall apply to regulations madeunder the authority of this section.

PART X.-ENFORCEMENT AND REGULATIONS.

Offences.

78. No prosecution for an offence against thisAct shall be instituted without the consent inwriting of the Under Secretary.

79. (1) All proceedings in respect of offencesagainst this Act shall be heard by a Court of PettySessions constituted by a Stipendiary Magistratesitting alone.

(2) Subject to subsection (1) of this section, theprovisions of the Justices Act, 1902, shall apply tosuch proceedings.

80. (1) A person who contravenes any provisionof this Act or does not do that which, by or underthis Act, he is required or directed to do, commitsan offence against this Act.

(2) A person who, when required to do so underthis Act, fails to furnish to the Chief Inspectorwithin a reasonable time thereafter any additionalinformation which the Chief Inspector has askedfor in relation to any matter commits an offence.

(3) Where an offence is committed by a personby reason of his failure to comply with any provisionof this Act by or under which he is required ordirected to do anything within a particular period,that offence shall, for the purposes of section 81,be deemed to continue so long as the thing sorequired or directed to be done by him remainsundone, notwithstanding that the particular periodhas elapsed.


81. A person who commits an offence against this penaltylAct for which no penalty is provided elsewhere thanin this section is liable to a fine of four hundreddollars, and if the offence is a continuing one, toa further fine of twenty dollars for every day onwhich the offence has continued.

82. Where a body corporate is convicted of an =cor-offence against this Act by reason of anycontravention by the body corporate of, or failureby the body corporate to comply with, any of theprovisions of this Act, every director or member ofthe governing authority of the body corporate whoauthorized, directed or consented to the contra-vention or failure shall be deemed, without affectingthe conviction against the body corporate, to beguilty of an offence against this Act.

83. Where proceedings are taken against a employeeperson for or in respect of a contravention of any =trprovision of this Act it is no defence for that personto prove that he was the agent or employee of anyother person or was acting in pursuance of an orderor direction given by such other person.

84. A person who employs, causes, procures, nidp=eerrsspermits or suffers another person to contravene any fg:?eprovision of this Act commits an offence punishableas in the provision contravened.

85. (1) Where a person is charged on complaintwith an offence against this Act, he is entitled, uponcomplaint duly laid by him, to have any otherperson whom he alleges to be the actual offenderbrought before the Court of Petty Sessions on thesame charge, and to enable both charges to be heardtogether the hearing of the first complaint may beadjourned for such time as the Court of PettySessions thinks reasonable.

Defendantmay haveactualoffendercharged.


(2) In any such case, if the charges are heardtogether and the offence is proved but the Court ofPetty Sessions finds that

(a) the offence was committed in fact by thatother person, without the knowledge,consent or connivance of the person chargedin the first complaint; and

(b) the person charged in the first complainthas done all that could be expected of him,in the circumstances of the case, to preventthe commission of the offence,

that other person shall be convicted of the offenceand the person charged on the first complaint isnot guilty of the offence.

(3) If, before the commencement of any proceed-ings against a person in respect of an offenceagainst this Act, the person authorized to institutethe proceedings is satisfied that if any other personwere charged with the offence under the foregoingprovisions of this section, that other person wouldbe convicted of the offence, the person institutingthe proceedings shall proceed against the personwhom he believes to be the actual offender withoutfirst proceeding against the firstmentioned person.

Facilitationof proof."This Act"includesregulations.See s. 4 ActNo. 30 of1918.

86. (1) In any prosecution for an offenceagainst this Act

(a) it is not necessary to prove the appoint-ment of an inspector or his authority to doany act, to issue any order, to give anydirection or notice, or to make any requestor take any proceedings, but nothing inthis paragraph affects the right of thedefendant in any such prosecution to provethe extent of that authority;

(b) a signature purporting to be that of theMinister, the Under Secretary, the ChiefInspector, the Deputy Chief Inspector oran inspector shall be taken to be the sig-nature of the person whose signature itpurports to be until the contrary is proved;


(c) a statement signed by the Chief Inspectorthat a certificate, permit or other docu-ment of the description mentioned in thestatement has or has not been issuedpursuant to this Act to a person and, in thecase of a certificate, permit or other docu-ment that has been so issued, as to the dateof issue of, and the particulars containedin, the certificate, permit or other docu-ment, is evidence of the matter specified inthe statement; and

(d) the allegation or averment in any com-plaint that any machinery is machinery towhich Part V of this Act applies is evidenceof that fact unless the contrary is proved.

(2) Where by any provision of this Act anyperson who is an owner, occupier, employer orperson in charge of machinery is required to giveany notice to any person, the burden of proof thatthe provision has been complied with is on thatperson.

(3) It is sufficient in any complaint for anoffence against this Act, where the defendant is anatural person, to name the defendant by the nameby which he is usually known, and where thedefendant is a body corporate or a firm, the name bywhich the body corporate or firm and any memberthereof is usually known, and the onus of proof ison the person, body corporate or firm so named toprove that he or it, as the case may be, is not thedefendant.

(4) In all courts and before all persons auth-orized to receive evidence a notification in theGazette of the findings of the Chief Inspector inrelation to the exercise of his disciplinary powersand of any order made by the Chief Inspector orthe Minister under this Act is evidence of the factstherein stated.

87. (1) Any notice, order or other documentrequired or authorized by or under this Act to beserved on, sent or given to, or lodged with a personmay be so served, sent, given or lodged

(a) by delivering it to that person; or

Provisionsas to givingof notices.


(b) by forwarding it to that person at his usualor last known place of abode or businessby registered post or by certified mailpursuant to the regulations made under thePost and Telegraph Act 1901 of the Com-monwealth Parliament as amended fromtime to time, or under any Act in substitu-tion therefor as so amended.

(2) In any prosecution for the offence of failingto give a notice required by this Act within theperiod permitted by this Act, it shall be a defencefor any person who would otherwise be liable to thepenalty prescribed for that offence to prove that hetook all reasonable steps to ensure that the provi-sions of this Act as to the giving of notice werecomplied with.

Regulations. 88. (1) The Governor may make regulations inregard to any matter or for any purpose for whichregulations are prescribed or contemplated by thisAct, and may make all such other regulations as mayin his opinion be necessary or expedient for givingeffect to the provisions of this Act, and for the dueadministration thereof.

(2) Any regulations made under this Act may beof general or limited application.

(3) Without limiting the general power conferredby subsection (1) of this section, the Governor maymake regulations for or with respect to all or anyof the following matters

(a) prescribing that fees shall be payable inrelation to any application or other matterunder this Act and prescribing the methodof assessment of such fees, the personsliable, and all other matters necessary orconvenient to be prescribed in relationthereto;

(b) prescribing penalties, not exceeding a fineof four hundred dollars, or if the offence isa continuing offence not exceeding twenty


dollars for every day on which the offencehas continued, in respect of a contraventionof any of the regulations;

(c) prescribing qualifications to be held underthis Act by any persons doing any workspecified therein and defining those persons;

(d) the application for and the grant, issue,renewal, suspension or cancellation ofregistration, certificates, permits, licencesand authorities under this Act;

(e) the restrictions, limitations or conditionsthat may be imposed under this Act;

(f) the manner in which appeals under this Actshall be brought and the procedure to befollowed in the conduct of those appeals;

the forms to be used and the records to bekept for the purposes of this Act, and themanner of, and time for, their completionincluding a requirement that informationsupplied be verified by statutory declara-tion;

(h) the definition of terms for the purposes ofthis Act including the use of engineeringand technical expressions;

(i) prescribing standards and other matters inrelation to machinery in the interests ofsafety;

(j) regulating the provisions and the contentsof plans, specifications, computations, orother data relating to machinery, and themanner in which it is presented;

(k) regulating any acts, matters or things inrelation to the design, manufacture, con-struction, installation, identification, opera-tion, alteration, or repair of machinery;

(1) prescribing the qualifications and experi-ence required for appointment as aninspector under this Act;


(m) the powers and duties of the Boards ofReference;

(n) any other purpose that the Governorconsiders necessary for safeguardingpersons and in the public interest inrelation to machinery; and

(o) such transitional, incidental and supple-mentary provisions as the Governorconsiders necessary or expedient for thepurpose of this Act.

(4) (a) The regulations may adopt, either whollyor in part and either specifically or by reference,any of the standards rules, codes or specifications ofthe bodies known as the Standards Association ofAustralia, the British Standards Institution or anyother like body specified in the regulations.

(b) Where the standards, rules, codes or specifica-tions adopted by the regulations cannot be con-formed to with respect to any provision thereof byreason of unavailability of materials or other reasonthat the Chief Inspector considers valid, the ChiefInspector may approve the use of such materials,gear, fitments or the like in any machinery as heconsiders may be used therein with safety.

(5) No regulation shall be deemed to be invalidby reason only that it delegates to, or confers on,any person or body a discretionary authority.

5.4. SCHEDULE.

Inspection of Machinery Act, 1921.

Inspection of Machinery Act Amendment Act, 1923.













Inspection of Machinery Act Amendment Act (No. 2), 1969.

MACHINERY SAFETY. - legislation.wa.gov.au

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