Australian Capital Territory Consolidated Acts

MACHINERY ACT 1949 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     director-general (see s 163)

              •     Minister (see s 162).

"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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

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am = amended	om = omitted/repealed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

The Machinery Act 1949 was originally the Machinery Ordinance 1949. It became an ACT Act on self-government (11 May 1989).

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 No 11

notified 13 October 1949

commenced 13 October 1949

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 (as am by ord 1967 No 36)

notified 23 December 1966

commenced 23 December 1966

Machinery (Amendment) Ordinance 1983 No 29

notified 29 September 1983

commenced 1 October 1983

Self-Government (Consequential Amendments) Ordinance 1989 No 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 No 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 No 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 No 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 No 46 sch

notified 18 December 1995 (Gaz 1995 No S306)

sch commenced 18 December 1995 (s 2)

Occupational Health and Safety (Amendment) Act 1997 No 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 No 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))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.354

Dictionary
s 2     am 2001 No 44 amdt 1.2738
    defs reloc to dict A2007-3 amdt 3.355
    sub A2007-3 amdt 3.356
    def this Act om 2001 No 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 1994 No 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

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

Power of Minister to determine fees
s 4A     ins 1983 No 29
    om 2001 No 44 amdt 1.2739

Fees payable
s 4B     ins 1983 No 29
    am 1989 No 38 sch 1
    om 2001 No 44 amdt 1.2739 sch 1

Determination of fees
s 5     am 1966 No 19 (as am 1967 No 36); 1983 No 29; 1989 No 38 sch 1; 1994 No 81 sch; 1994 No 97 sch pt 1; 1995 No 46 sch
    sub 2001 No 44 amdt 1.2739

Approved forms
s 6     ins 2001 No 44 amdt 1.2739
    am A2007-3 amdt 3.358

Regulation-making power
s 7     ins 2001 No 44 amdt 1.2739

Dictionary
dict     ins A2007-3 amdt 3.359
    am A2011-22 amdt 1.304
    def chief inspector ins 1994 No 97 sch pt 1
    reloc from s 2 A2007-3 amdt 3.355
    def inspector ins 1994 No 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	Ord 1989 No 38	30 June 1991
2	Act 1994 No 97	28 February 1995
3	Act 1995 No 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

© Australian Capital Territory 2011

Australian Capital Territory

A1949-11

Republication No 8

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

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 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Machinery Act 1949

Endnotes

Australian Capital Territory

Machinery Act 1949