Machinery Regulation 1950

This regulation is the Machinery Regulation 1950.

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

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘ear protection device, for part 4 (Noise)—see section 22A.’ means that the term ‘ear protection device’ is defined in that section for part 4.

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

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

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

This regulation does not apply to machinery—

used on, or employed in the working of, the Commonwealth Railways; or

being, or forming part of, the propelling machinery of a punt, raft, boat, ship or vessel; or

being, or forming part of, the propelling machinery of a motor vehicle, while that machinery is being used only for the propulsion of the motor vehicle; or

being, or forming part of, the propelling machinery of a traction engine used solely for traction purposes; or

being, or forming part of, a compressor freezing cabinet or an electric drink mixer used in a retail shop; or

being, or forming part of, an accounting machine or other office appliance; or

used only in or about a dwelling house for domestic purposes, other than a circular saw.

The Minister may, in writing, exempt from the application of any provision of this regulation any machinery or class of machinery stated in the exemption if the Minister is satisfied that the provision cannot reasonably be applied to that machinery or class of machinery.

An exemption may be absolute or subject to the conditions stated in the exemption.

An instrument under this section is a notifiable instrument.

The Minister shall give each inspector a certificate of appointment, and, on applying for admission to any premises or while on any premises in the course of the inspector’s duty, an inspector must, if required, produce the certificate to the occupier.

An inspector may enter any premises and may inspect and examine the machinery on the premises and the appliances connected with it or belonging to it.

The entry may be made at any time in the daytime, whether the machinery is in operation or not, or at night if the machinery is then in operation.

In making the inspection the inspector may require a person employed or working on the premises to assist the inspector, and may require the occupier to explain the working of the machinery and to answer questions about compliance with this regulation.

A person must comply with a requirement under subsection (1).

Maximum penalty: 10 penalty units.

The occupier of premises must give an inspector all reasonable facilities for the exercise of the inspector’s powers under this regulation.

A person who—

is, at the date of the commencement of this regulation, the occupier of premises where machinery is erected, kept or intended to be used; or

becomes the occupier of such premises after that date;

must, within 1 month after the date of commencement of this regulation or the date when the person becomes the occupier of the premises send to the chief inspector a written notice stating the name of the owner, the maker’s name and the identification marks (if any) of the machinery, the place where the machinery is erected, kept or intended to be used, the kind of machinery, the nature and measure of the motive power and the business or other purpose for which the machinery is used or intended to be used.

Maximum penalty: 1 penalty unit.

The occupier of premises must securely fence all dangerous parts of machinery that is in or on the premises.

Without limiting subsection (1)—

a hoist or teagle and flywheel directly connected with the steam or water or other mechanical power, whether in the engine house or not, and every part of a steam engine or other engine used for generating mechanical power and every waterwheel must be securely fenced; and

a wheel race, not otherwise secured, must be securely fenced close to its edge; and

every part of the mill-gearing and every cogwheel must either be securely fenced or be in such position or of such construction as to be equally safe to every person employed in the premises as it would be if it were securely fenced.

All fencing must be maintained in an efficient state.

The duty imposed on the occupier of premises by this section is an absolute duty, in no way qualified by any other provision of this regulation or another regulation made under the Act.

Maximum penalty: 10 penalty units.

A person must not cause or permit a traversing carriage of any self-acting machinery to run out within a distance of 450mm from any fixed structure, other than part of that machinery, if the space over which it so runs out is a space over which a person is likely to pass, whether in the course of the person’s employment or not.

Maximum penalty: 5 penalty units.