Victorian Consolidated Legislation

Mines Act 1958 - SECT 402

Offences2

402. Offences2



(1) Every person-

   (a)  who not being the holder of a permit under section 401 takes charge of
        any machinery where the motive power is steam;

   (b)  who takes charge without an appropriate permit from the Chief Mining
        Inspector of the principal winding plant or plants on or below the
        surface of a mine whether the motive power is steam air water gas oil
        or electricity;

   (c)  who being wholly or partially deaf or having defective sight or who
        being subject to fits giddiness or any other infirmity likely to
        interfere with the efficient discharge of his duties takes charge of
        any machinery as aforesaid;

   (d)  takes charge of and drives without an appropriate permit from the
        Chief Mining Inspector any winch fixed underground while men are being
        raised or lowered by any such winch; or

   (e)  who being under the age of twenty-one years drives any winch fixed
        underground while men are being raised or lowered by such winch-

shall be guilty of an offence against this Division; and every person
employing any such person to take charge of machinery as aforesaid shall be
guilty of a like offence.

(2) Sinking pumps boring machines or puddling engines when fixed on an
elevated puddling brace and worked by means of steam power shall not be deemed
to be machinery within the meaning of this section.



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