Machinery Act 1949

This Act is the Machinery Act 1949.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The work health and safety commissioner must appoint a public servant as the Chief Inspector of Machinery.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The work health and safety commissioner may appoint a person to be an inspector for this Act.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The chief inspector is also an inspector.

The Minister may, in writing, determine fees for this Act.

Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

A determination is a disallowable instrument.

Note A disallowable instrument must notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

The regulations may make provision in relation to—

regulating the installation, use and operation of machinery; and

securing the safety of people and property from injury or damage arising out of the installation, use or operation of machinery; and

the registration, inspection and testing of machinery; and

requiring licences or certificates to be held for the installation, use, operation, inspection or testing of machinery, and the granting, suspension and cancellation of licences and certificates; and

the precautions to be taken to secure the safety of people employed at or in relation to machinery; and

the functions (including powers of entry) of the chief inspector and inspectors; and

prohibiting the employment of anyone younger than the prescribed age in relation to any prescribed machinery.

The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.