Australian Capital Territory Consolidated Acts

SCAFFOLDING AND LIFTS ACT 1912 - SECT 6

    (1)     Every person before starting—

        (a)     to carry out any building work, excavation work or compressed air work in which any crane, hoist, plant or scaffolding is to be used; or

        (b)     to set up or build or set or place in position in connection with any building work, excavation work or compressed air work any crane, hoist, plant or scaffolding that had not been previously used in the ACT in connection with any such work; or

        (c)     to set up or build or set or place in position any crane, hoist, or scaffolding otherwise than as referred to in paragraphs (a) and (b);

shall serve on the chief inspector written notice of the person's intention so to do by posting the notice to the chief inspector or leaving it at the address the Minister may, in writing, direct, at least 24 hours before starting to carry out the building work, excavation work or compressed air work, or to set up or build or set or place in position the crane, hoist, plant or scaffolding.

Maximum penalty: 20 penalty units.

    (2)     A direction under subsection (1) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .

    (3)     It shall not be necessary to allow any time to elapse after the service of a notice under subsection (1) in the case of an emergency arising from damage caused by lightning, explosion, fire, or rain.

    (4)     The provisions of this section shall not apply to or in relation to—

        (a)     any scaffolding that—

              (i)     is used in connection with ships in dock or on slips or in the erection or demolition of stacks of timber, goods or materials; or

              (ii)     is so placed that a person or object falling from it could not fall a distance of more than 1.8m; or

        (b)     the demolition of—

              (i)     a 1 storey building if the height of the building measured from the ground level at the lowest point (or, if a floor of the building is below the ground level at the lowest point, the lowest floor) to its highest point is not more than 4.6m; or

              (ii)     a structure if the height of the structure measured from its lowest point (the ground level at the lowest point) to its highest point is not more than 4.6m; or

        (c)     any building work in connection with a dwelling house if the work is carried out by the owner or occupier of the dwelling house without assistance from any other person; or

        (d)     building work, other than building work in relation to a single private dwelling house if the costs of the work does not exceed $2 000; or

        (e)     building work in relation to a single private dwelling house if the cost of the work does not exceed $55 000.

    (5)     In this section:

"cost", of building work—see the Building Act 2004 , section 84.