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MACHINERY ACT 1949 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     Executive

              •     Minister (see s 162)

              •     work health and safety commissioner.

"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.

Note 1     A definition applies except so far as the contrary intention appears (see Legislation Act 2001

, s 155).

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001

, s 104).

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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

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

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired

3     Legislation history

This Act was originally 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 into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989

A1989-21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910

(Cwlth), s 12).

    Legislation before self-government

Machinery Act 1949 A1949-11

notified 13 October 1949 (Cwlth Gaz 1949 No 74)

commenced 13 October 1949 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966

Ord1966-19 (as am by Ord 1967-36

)

notified 23 December 1966 (Cwlth Gaz 1966 No 109)

commenced 23 December 1966 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

Machinery (Amendment) Ordinance 1983

Ord1983-29

notified 29 September 1983 (Cwlth Gaz 1983 No S226)

commenced 1 October 1983 (s 2)

Self-Government (Consequential Amendments) Ordinance 1989

Ord1989-38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after self-government

Acts Revision (Position of Crown) Act 1993

A1993-44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

sch 2 commenced 27 August 1993 (s 2)

Statute Law Revision (Penalties) Act 1994

A1994-81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Statutory Offices (Miscellaneous Provisions) Act 1994

A1994-97 sch pt 1

notified 15 December 1994 (Gaz 1994 No S280)

s 1, s 2 commenced 15 December 1994 (s 2 (1))

sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

Statute Law Revision Act 1995

A1995-46 sch

notified 18 December 1995 (Gaz 1995 No S306)

sch commenced 18 December 1995 (s 2)

Occupational Health and Safety (Amendment) Act 1997

A1997-44 s 10, sch

notified 19 September 1997 (Gaz 1997 No S264)

s 10, sch never commenced and rep 2001 No 11 pt 4.3

Legislation (Consequential Amendments) Act 2001

A2001-44 pt 234

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 234 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2007

A2007-3 sch 3 pt 3.64

notified LR 22 March 2007

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

sch 3 pt 3.64 commenced 12 April 2007 (s 2 (1))

Justice and Community Safety Legislation Amendment Act 2009 (No 2)

A2009-19 pt 10

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

pt 10 commenced 29 September 2009 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011

A2011-22 sch 1 pt 1.98

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.98 commenced 1 July 2011 (s 2 (1))

Work Health and Safety Amendment Act 2019

A2019-38 sch 1 pt 1.7

notified LR 31 October 2019

s 1, s 2 commenced 31 October 2019 (LA s 75 (1))

sch 1 pt 1.7 commenced 30 April 2020 (s 2 (1) and LA

s 79)

Statute Law Amendment Act 2021

A2021-12 sch 3 pt 3.34

notified LR 9 June 2021

s 1, s 2 commenced 9 June 2021 (LA s 75 (1))

sch 3 pt 3.34 commenced 23 June 2021 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3

amdt 3.354

Dictionary
s 2     am A2001-44

amdt 1.2738
    defs reloc to dict A2007-3

amdt 3.355
    sub A2007-3

amdt 3.356
    def this Act om A2001-44

amdt 1.2737

Notes
s 2A     ins A2007-3

amdt 3.356

Chief Inspector of Machinery
s 3     om 1993 Act No 44 sch 2
    ins A1994-97

sch 1
    sub A2007-3

amdt 3.357
    (2)-(4) exp 12 April 2008 (s 3 (4) (LA s 88 declaration applies))
    am A2011-22

amdt 1.302; A2019-38

amdt 1.14

Inspectors of machinery
s 4     sub 1994 Act No 97 sch 1; A2007-3

amdt 3.357
    (3)-(5) exp 12 April 2008 (s 4 (5) (LA s 88 declaration applies))
    am A2009-19

s 55; A2011-22

amdt 1.303; A2019-38

amdt 1.15

Power of Minister to determine fees
s 4A     ins Ord1983-29


    om A2001-44

amdt 1.2739

Fees payable
s 4B     ins Ord1983-29


    am Ord1989-38

sch 1
    om A2001-44

amdt 1.2739 sch 1

Determination of fees
s 5     am Ord1966-19

(as am Ord1967-36

); Ord1983-29

; Ord1989-38

sch 1; A1994-81

sch; A1994-97

sch pt 1; A1995-46

sch
    sub A2001-44

amdt 1.2739

Approved forms
s 6     ins A2001-44

amdt 1.2739
    am A2007-3

amdt 3.358
    om A2021-12

amdt 3.82

Regulation-making power
s 7     ins A2001-44

amdt 1.2739

Dictionary
dict     ins A2007-3

amdt 3.359
    am A2011-22

amdt 1.304; A2019-38

amdt 1.16, amdt 1.17
    def chief inspector ins A1994-97

sch pt 1
    reloc from s 2 A2007-3

amdt 3.355
    def inspector ins A1994-97

sch pt 1
    reloc from s 2 A2007-3

amdt 3.355
    def machinery reloc from s 2 A2007-3

amdt 3.355

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

Ord1989-38

30 June 1991

2

A1994-97

28 February 1995

3

A1995-46

30 November 1996

4

A2001-44

4 January 2002

5

A2007-3

12 April 2007

6

A2007-3

13 April 2008

7

A2009-19

29 September 2009

8

A2011-22

1 July 2011

9

A2019-38

30 April 2020






© Australian Capital Territory 2021

ACT Crest high res small
Australian Capital Territory

A1949-11

Republication No 10

Effective: 23 June 2021

Republication date: 23 June 2021

Last amendment made by A2021-12



About this republication

The republished law

This is a republication of the Machinery Act 1949

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 23 June 2021

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021

.

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, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

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 the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Machinery Act 1949


Endnotes6

ACT
Crest high res small
Australian Capital Territory

Machinery Act 1949



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