Australian Capital Territory Consolidated Acts

SCAFFOLDING AND LIFTS ACT 1912 - SECT 15

    (1)     If it appears to an inspector—

        (a)     that the use of any lift or any scaffolding or crane or hoist or plant, or any gear used in connection with them or the way of carrying out any building work, excavation work or compressed air work would be dangerous to human life or limb; or

        (b)     that, with regard to any lift or any scaffolding or crane or hoist or plant or gear used in connection with them erected or used or in course of erection or any building work, excavation work or compressed air work, the regulations are not being complied with;

the inspector may give the written directions to the owner of or person using the lift or to the owner of or the person in charge or apparently in charge of the scaffolding, crane, hoist, plant, or gear or to the owner, contractor, person in charge or apparently in charge of the building work, excavation work or compressed air work that the inspector considers necessary to prevent accidents or to ensure a compliance with the regulations.

    (2)     The person must comply with the direction unless the person appeals against it in accordance with subsection (6).

    (3)     If an inspector gives any directions under subsection (1) because of subsection (1) (a), the inspector may at the time of giving the directions or subsequently order—

        (a)     the owner of or any persons using the lift in relation to which the directions are given forthwith to cease using the lift; or

        (b)     order the owner of or any persons working or using any scaffolding, crane, hoist, plant or gear in relation to which the directions are given to cease working or using the scaffolding, crane, hoist, plant or gear; or

        (c)     order the contractor or person in charge or apparently in charge of any building work, excavation work or compressed air work in relation to which the directions are given to discontinue the work.

    (4)     Any order, or variation of the order given under subsection (3), shall unless sooner revoked have effect until the directions have or any order on appeal from them has been complied with.

    (5)     Any order given under subsection (3) may specify the measures to be taken by the person to whom it is given to implement the order.

    (6)     A person to whom directions have been given under this section may, within 24 hours after the directions have been given, appeal against the directions to the Minister.

    (7)     A person who appeals against the directions of an inspector under subsection (6) shall give notice of the appeal to the inspector.

    (8)     The Minister shall hear and determine the appeal with all reasonable dispatch and shall, by written order given to the appellant (which order shall be final and conclusive), affirm, vary or rescind the direction.

    (9)     A person must not fail to comply with—

        (a)     a direction or order given to the person by an inspector under this section; or

        (b)     an order made by the Minister under this section.

Maximum penalty: 50 penalty units.

    (10)     In this section:

"the Minister" includes a person authorised by the Minister to hear appeals under this section.