Australian Capital Territory Consolidated Regulations

BOILERS AND PRESSURE VESSELS REGULATION 1954 - NOTES

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     document

              •     Minister (see s 162)

              •     person.

Note 3     Terms used in this regulation have the same meaning that they have in the Machinery Act 1949 (see Legislation Act, s 148). For example, the following terms are defined in the Machinery Act 1949, dict:

              •     chief inspector

              •     inspector

              •     machinery.

"boiler" means a closed vessel in which steam is or can be generated at a pressure greater than that of the atmosphere, and includes any plant, apparatus or appliance fitted to, or used in connection with, such a vessel.

"boiler attendant" means a person engaged in firing or controlling the feed water to a boiler.

"boiler house" includes boiler room.

"certificate of inspection" means a certificate issued under part 3.

"maximum allowable working pressure", in relation to a boiler or pressure vessel, means the maximum allowable working pressure specified in the certificate of inspection for the time being in force in relation to the boiler or pressure vessel.

"operate" includes cause or permit to be operated.

"operator" means the owner or other person having the management and control of a boiler or pressure vessel.

"premises" means—

        (a)     a house, building, structure, yard, mine, timber area, farm, paddock, field, road or place; or

        (b)     a boat, ship or vessel, not propelled by its own motive power.

"pressure vessel" means a closed vessel that is subjected to pressure (including pressure due to a static head) by liquids, vapours or air or other gases, other than a closed vessel heated by fire or the products of combustion or by electrical means or a cylinder for the storage and transport of compressed gases, and includes any plant, apparatus or appliance fitted to, or used in connection with the raising of pressure in, such a vessel.

"registered number" means the number allotted to a boiler or pressure vessel under section 24.

"use" includes cause or permit to be used.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This regulation was originally called the Boilers and Pressure Vessels Regulations and was originally made under a Commonwealth ordinance—the Machinery Ordinance 1949 No 11 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Machinery Ordinance 1949 and the Boilers and Pressure Vessels Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

This regulation was renamed under the Legislation Act 2001.

Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).

    Legislation before becoming Territory enactment

Boilers and Pressure Vessels Regulation 1954 No 12

notified 26 August 1954

commenced 15 March 1955 (s 2 and Cwlth Gaz 1955 p 510)

as amended by

Amendments of Boilers and Pressure Vessels Regulations 1959 No 17

notified 31 December 1959

commenced 31 December 1959

Regulations to repeal certain Regulations and to revise certain Regulations in force under the Ordinances of the ACT 1980 No 3 (as am 1980 No 14)

notified 25 March 1980

commenced 25 March 1980

Regulations to amend Regulations 1980 No 3 1980 No 14

notified 9 October 1980

commenced 19 October 1980

Boilers and Pressure Vessels Regulations (Amendment) 1982 No 33

notified 18 August 1982

commenced 18 August 1982

Boilers and Pressure Vessels Regulations (Amendment) 1983 No 11

notified 30 September 1983

commenced 1 October 1983 (s 1)

    Legislation after becoming Territory enactment

Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 2

notified 15 December 1994 (Gaz 1994 No S280)

s 1, s 2 commenced 15 December 1994 (s 2 (1))

sch pt 2 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

Occupational Health and Safety Legislation Regulations Amendment 2000 No 47 pt 2

notified 30 November 2000 (Gaz 2000 No 48)

commenced 30 November 2000 (s 1)

Legislation (Consequential Amendments) Act 2001 No 44 pt 235

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 235 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.12

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.12 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.4

notified LR 22 February 2011

s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

sch 3 pt 3.4 commenced 1 March 2011 (s 2)

4     Amendment history

Name of regulation
s 1     sub 2000 No 47 s 3
    am R4 LA

Dictionary
s 2     sub 2000 No 47 s 3
    am Act 2001 No 44 amdt 1.2740

Notes
s 3     om 1980 No 3
    ins A2007-3 amdt 3.53

Repeal
s 4     om 2000 No 47 s 3

Interpretation
s 5     am 1959 No 17; 1994 No 97; 2000 No 47 s 4
    defs reloc to dict 2000 No 47 s 5
    om 2000 No 47 s 6

Exemption
s 6     am 1980 No 3; A2011-3 amdt 3.49

Boilers
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R3 LA

Fittings of boilers
s 7     am 1975 No 8; 1980 No 3; A2011-3 amdt 3.50, amdt 3.51

Valves on interconnecting pipes
s 9     am 1980 No 3 (as am 1980 No 14)

Expansion and contraction of interconnecting pipes
s 10     am 1980 No 3 (as am 1980 No 14)

Internally fired boilers
s 11     am A2011-3 amdt 3.52

Boilers fired by liquid fuel
s 12     am A2011-3 amdt 3.53

Dampers
s 14     am A2011-3 amdt 3.54, amdt 3.55

Boilers erected in permanent position to be protected by boiler house
s 15     am 1975 No 8; A2011-3 amdt 3.56, amdt 3.57

Pressure vessels
div 2.2 hdg     (prev pt 2 div 1 hdg) renum R3 LA

Fittings of pressure vessels
s 16     am A2007-3 amdt 3.54; A2011-3 amdt 3.58

Pressure vessels subjected to pressure by air
s 17     am 1975 No 8; 1980 No 3 (as am 1980 No 14)

Supporting structures and settings
s 18     am 1975 No 8

General
div 2.3 hdg     (prev pt 2 div 3 hdg) renum R3 LA

Pressure reducing valves
s 20     sub A2011-3 amdt 3.59

Grooves to indicate cracking
s 21     am 1975 No 8; 1980 No 3

Boilers and pressure vessels not to be used without certificate of inspection
s 22     am 1959 No 17

Application for inspection
s 23     am 1975 No 8; 1983 No 11
    om Act 2001 No 44 amdt 1.2741

Certificate of inspection
s 24     am 1959 No 17; 1975 No 8; 1983 No 11

Duration of certificate
s 25     am 1975 No 8; 1980 No 3; A2011-3 amdt 3.60

Certificate to be exhibited
s 27     am 1980 No 3; A2011-3 amdt 3.61

Notice of internal inspection of boilers and pressure vessels
s 30     am 1980 No 3

Holes may be drilled
s 34     am A2011-3 amdt 3.62

Notice to cease to use or to repair
s 35     am A2007-3 amdt 3.54; A2011-3 amdt 3.63, amdt 3.64

Appeal against notice
s 36     am 1980 No 3 (as am 1980 No 14)

Boiler attendants
pt 4 hdg     om 2000 No 47 s 7

Persons not to act as boiler attendants of certain boilers without boiler attendant's certificate or written permission
s 37     am 1975 No 8
    om 2000 No 47 s 7

Application for boiler attendant's certificate
s 38     om 2000 No 47 s 7

Issue of boiler attendant's certificate
s 39     am 1959 No 17; 1980 No 3 (as am 1980 No 14); 1982 No 33; 1983 No 11
    om 2000 No 47 s 7

Cancellation or suspension of certificate
s 40     am 1980 No 3 (as am 1980 No 14)
    om 2000 No 47 s 7

Appeal against certificate or suspension
s 41     am 1980 No 3
    om 2000 No 47 s 7

Testing of boilers and pressure vessels
s 42     am A2007-3 amdt 3.54; A2011-3 amdts 3.65-3.67

Notice to be given if boiler or pressure vessel disposed of
s 43     am 1980 No 3; A2007-3 amdt 3.54; A2011-3 amdt 3.68, amdt 3.69

Notice to be given of accident causing damage, death or injury
s 44     am 1980 No 3; A2011-3 amdt 3.70

Boiler or pressure vessel not to be used unless in safe working condition
s 45     am A2011-3 amdts 3.71-3.73

False representation
s 48     sub 2000 No 47 s 8

Service of documents
s 49     am 1980 No 3
    om A2007-3 amdt 3.55

Penalty
s 50     am 1980 No 3; A2011-3 amdt 3.74

hdg to sch     om 1980 No 3

1st sch     om 1959 No 17

2nd sch     om 1975 No 8

sch     ins 1975 No 8
    sub 1982 No 33
    om 1983 No 11

Dictionary
dict     ins 2000 No 47 s 8
    defs reloc from s 5 2000 No 47 s 5
    am A2007-3 amdt 3.56
    def chief inspector om A2007-3 amdt 3.57
    def inspector om A2007-3 amdt 3.57
    def the Act om Act 2001 No 44 amdt 1.2742

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	SL 1983 No 11	31 October 1991
2	Act 1994 No 97	31 August 1999
3	A2001-44	23 August 2002
4	A2001-44	3 November 2004
5	A2007-3	12 April 2007

© Australian Capital Territory 2011

Australian Capital Territory

SL1954-12

Republication No 6

Effective: 1 March 2011

Republication date: 1 March 2011

Last amendment made by A2011-3




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Boilers and Pressure Vessels Regulation 1954

, made under the Machinery Act 1949

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011

. It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Boilers and Pressure Vessels Regulation 1954

Endnotes

Australian Capital Territory

Boilers and Pressure Vessels Regulation 1954