Australian Capital Territory Consolidated Regulations

MACHINERY REGULATION 1950 - 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:

              •     Minister (see s 162)

              •     notifiable instrument (see s 10)

              •     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.

"ear protection device", for part 4 (Noise)—see section 22A.

"engine" means a piece of mechanism used to convert heat or some other form of energy into mechanical work, or a machine for the development or utilisation of power from some source of energy such as coal, gas, oil, compressed air, electricity or other source.

"machinery" means an engine, motor or other source of motive power other than manual, treadle, wind or animal power, and includes a machine, shaft, belt, gearing, pulley, flywheel, contrivance or appliance operated by any such engine, motor, or other source of motive power, but does not include machinery that is subject to inspection under—

        (a)     regulations made under the Act and relating to boilers or
engine-drivers; or

        (b)     other than for the Scaffolding and Lifts Act 1912, part 4 (Inspection) or the Scaffolding and Lifts Regulation 1950.

"mechanical power" means power other than manual or treadle power and includes power generated by water, steam, gas, oil or electricity.

"mill-gearing" includes a shaft (whether upright, oblique or horizontal) and a wheel, drum, pulley, belt, rope or chain by which the motion of the first moving power is communicated to the operative part of a machine.

"occupier", in relation to premises, means the person in possession or occupation, or apparently in possession or occupation, of the premises, and includes an agent, manager, supervisor, or other person acting or apparently acting, in the general management or control of the premises and a person who has the general management of machinery in those premises.

"premises" means—

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

        (b)     a punt, raft, boat, ship or vessel, not propelled by its own motive power or machinery;

where machinery is kept, worked, used or is in operation, whether the machinery is in the premises on a permanent or temporary basis.

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

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

3     Legislation history

This regulation was originally called the Inspection of Machinery 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 Inspection of Machinery 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 by the Statutory Offices (Miscellaneous Provisions) Act 1994, sch and under the Legislation Act 2001.

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

    Legislation before becoming Territory enactment

Machinery Regulation 1950 No 7

notified 30 November 1950

commenced 15 January 1951 (s 2 and Cwlth Gaz 1950 p 3256)

as amended by

Amendment of Inspection of Machinery Regulations 1969 No 1

notified 8 May 1969

commenced 8 May 1969

Amendment of Inspection of Machinery Regulations 1974 No 23

notified 22 October 1974

commenced 22 October 1974

Amendment of Inspection of Machinery Regulations 1975 No 21

notified 30 September 1975

commenced 1 December 1975

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

s 1, s 2 commenced 25 March 1980

s 3 commenced 9 October 1980

Note     This regulation (SL 1980 No 14) only amends SL 1980 No 3.

Magistrates Court Ordinance 1985 No 67 sch pt 2

notified 19 December 1985

commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)

Inspection of Machinery Regulations (Amendment) 1986 No 5

notified 12 June 1986

commenced 12 June 1986

Inspection of Machinery Regulations (Amendment) 1986 No 8

notified 31 July 1986

commenced 31 July 1986

    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)

Regulations Revision (Penalties) Regulations 1996 No 8

notified 6 June 1996 (Gaz 1996 No S108)

commenced 6 June 1996 (s 2)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.54

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.54 commenced 9 April 2004 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.65

notified LR 22 March 2007

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

sch 3 pt 3.65 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Name of regulation
s 1     sub Act 1994 No 97 sch pt 2
    am R4 LA; R6 LA

Dictionary
s 2     om Act 2001 No 44 amdt 1.2743
    ins A2007-3 amdt 3.362

Notes
s 3     om 1975 No 21
    ins A2007-3 amdt 3.362

Definitions for regulation
s 4     am 1975 No 21; 1986 No 5
    defs reloc to dict A2007-3 amdt 3.361
    om A2007-3 amdt 3.362
    def chief inspector sub Act 1994 No 97 sch pt 2
    om A2007-3 amdt 3.360
    def inspector sub Act 1994 No 97 sch pt 2
    om A2007-3 amdt 3.360
    def the Act om Act 2001 No 44 amdt 1.2744

Exemption from application of regulation
s 6     am Act 2001 No 44 amdts 1.2745–1.2747

Authority as inspector
s 7     am 1980 No 3; 1996 No 8 sch; A2004-15 amdt 2.117, amdt 2.118

Inspector may call in aid
s 9     am 1996 No 8 sch

Obstructing inspector
s 11     am 1996 No 8 sch
    om A2004-15 amdt 2.118

Notice of ownership of machinery
s 12     am 1996 No 8 sch

Dangerous machinery
s 13     am 1980 No 3; 1996 No 8 sch

Traversing carriage of self-acting machinery
s 14     am 1974 No 23; 1996 No 8 sch

Risk of accident
s 15     am 1974 No 23; 1980 No 3 (as am by 1980 No 14); 1986 No 8; 1996 No 8 sch

Circular saws
s 16     am 1980 No 3; 1996 No 8 sch

Faulty or defective machinery
s 17     am 1980 No 3; 1996 No 8 sch; A2007-3 amdt 3.363

Appeal
s 18     sub 1975 No 21
    am Ord 1985 No 67

Notice of accident, loss of life or injury
s 19     am 1980 No. 3 (as am by 1980 No 14); 1996 No 8 sch; A2007-3 amdt 3.363

Notice in other cases
s 20     am 1980 No 3; 1996 No 8 sch; A2007-3 amdt 3.363

Removing safety devices
s 22     am 1980 No. 3; 1996 No 8 sch

Noise
pt 3A hdg     renum as pt 4 hdg

Noise
pt 4 hdg     orig pt 4 hdg
    renum as pt 5 hdg
    pres pt 4 hdg
    (prev pt 3A hdg) ins 1975 No 21
    renum as pt 4 hdg A2007-3 amdt 3.364

Meaning of ear protection device
s 22A     ins 1975 No 21

Hearing conservation
s 22B     ins 1975 No 21
    am 1980 No 3 (as am by 1980 No 14); 1986 No 5; 1996 No 8 sch

Duty to wear ear protection devices
s 22C     ins 1975 No 21
    am 1996 No 8 sch

Defence
s 22D     ins 1975 No 21

Miscellaneous
pt 5 hdg     (prev pt 4 hdg) renum as pt 5 hdg A2007-3 amdt 3.364

Liability apart from regulation not affected
s 23     am 1969 No 1

Service of notices etc
s 24     om A2007-3 amdt 3.365

Offences
s 25     am 1980 No 3
    om 1996 No 8 sch

Dictionary
dict     ins A2007-3 amdt 3.366
    def ear protection device ins A2007-3 amdt 3.366
    def engine reloc from s 4 A2007-3 amdt 3.361
    def machinery reloc from s 4 A2007-3 amdt 3.361
    def mechanical power reloc from s 4 A2007-3 amdt 3.361
    def mill-gearing reloc from s 4 A2007-3 amdt 3.361
    def occupier reloc from s 4 A2007-3 amdt 3.361
    def premises reloc from s 4 A2007-3 amdt 3.361

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 1986 No 8	31 October 1991
2	SL 1986 No 8	28 February 1995
3	SL 1996 No 8	30 November 1996
4	A2001-44	30 August 2002
5	A2004-15	9 April 2004
6	A2004-15	1 November 2004

© Australian Capital Territory 2007

Australian Capital Territory

SL1950-7

Republication No 7

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Machinery Regulation 1950, made under the Machinery Act 1949 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

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

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Machinery Regulation 1950

Endnotes

Australian Capital Territory

Machinery Regulation 1950