Australian Capital Territory

machinery act 1949
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 30 November 1996
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Chief Inspector of Machinery
	4.	Inspectors of machinery
	4A.	Power of Minister to determine fees
	4B.	Fees payable
	5.	Regulations

An Act relating to the Installation, Use, Inspection and Operation of Machinery
Short title
1.  This Act may be cited as the Machinery Act 1949.1
Interpretation
2.  In this Act, unless the contrary intention appears—

“Chief Inspector” means the Chief Inspector of Machinery under section 3;
“inspector” means an inspector under section 4;
“machinery” includes any machine, boiler, pressure vessel, engine, motor or source of motive power, and any shaft, belt, gearing, pulley, flywheel, lift, crane, contrivance or appliance operated by machinery;
“this Act” includes the Regulations.
Chief Inspector of Machinery
3.  (1)  There shall be a Chief Inspector of Machinery.
(2)  The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Chief Inspector of Machinery.
(3)  The Chief Inspector shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
Inspectors of machinery
4.  (1)  There shall be 1 or more inspectors of machinery for the purposes of this Act.
(2)  The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector of machinery.
(3)  The following persons are inspectors:
	(a)	any public servant for the time being performing the duties of a Government Service office referred to in subsection (2); 
	(b)	the Chief Inspector.
Power of Minister to determine fees
4A.  The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
Fees payable
4B.  A fee determined under section 4A is payable to the Territory in relation to the relevant matter specified in the notice referred to in that section, being a matter in respect of which the Executive may make regulations.

Regulations
5.  (1)  The Executive may make regulations, not inconsistent with this Act, for regulating, prohibiting or restricting the installation, use and operation of machinery, and for securing the safety of persons and property from injury or damage arising out of the installation, use or operation of machinery.
(2)  Without limiting the generality of subsection (1), the regulations may make provision for or in relation to—
	(a)	the registration, inspection and testing of machinery;
	(b)	requiring licences or certificates to be held in relation to the installation, use, operation, inspection or testing of machinery, and the granting, suspension and cancellation of such licences and certificates;
	(c)	the precautions to be taken to secure the safety of persons employed at or in connection with machinery;
	(d)	the powers (including powers of entry), duties and functions of, the Chief Inspector and of any inspectors;
	(e)	prohibiting the employment of any person of less than the prescribed age in connection with any prescribed machinery;
	(g)	the imposition for offences against the regulations of penalties—
	(i)	if the offender is a natural person—not exceeding 10 penalty units; and
	(ii)	if the offender is a body corporate—not exceeding 50 penalty units.
(3)  Regulations under this Act—
	(a)	shall have effect notwithstanding anything inconsistent in any law of the State of New South Wales in force in the Territory; and
	(b)	may repeal or amend any law of the State of New South Wales in force in the Territory dealing with a matter which may be dealt with by regulations under this Act.

NOTES
1.	The Machinery Act 1949 as shown in this reprint comprises Act No. 11, 1949 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Machinery Ordinance 1949	11, 1949	13 Oct 1949	13 Oct 1949		
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
	as
amended
by				
	36, 1967	30 Nov 1967	23 Dec 1966	—	
Machinery (Amendment) Ordinance 1983	29, 1983	29 Sept 1983	1 Oct 1983	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Acts Revision (Position of Crown) Act 1993	44, 1993	27 Aug 1993	27 Aug 1993 (see s. 2)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III 
(ss. 4-9)	
(Reprinted as at 28 February 1995)	
Statute Law Revision Act 1995
	46, 1995	18 Dec 1995	18 Dec 1995	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. Act No. 97, 1994
S. 3	rep. Act No. 44, 1993
	ad. No. 97, 1994
S. 4	rs. Act No. 97, 1994
S. 4A	ad. No. 29, 1983
S. 4B	ad. No. 29, 1983
	am. No. 38, 1989
S. 5	am. No. 19, 1966 (as am. by No. 36, 1967); No. 29, 1983; No. 38, 1989; Acts Nos. 81 and 97, 1994; No. 46, 1995