SCAFFOLDING AND LIFTS ACT 1912

Australian Capital Territory Consolidated Acts

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SCAFFOLDING AND LIFTS ACT 1912 - 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:

• Minister (see s 162)

• person.

"area", of a building, means—

(a) for a 1 storey building—the area measured between the outer surfaces of the walls at the floor level of the building; or

(b) for a multistorey building—the total of the areas measured between the outer surfaces of the walls, at the floor level of each storey;

and includes the area of a garage, carport, verandah or other structure, whether or not it is attached to or forms part of the building.

"automatic lift" means any lift comprising a car or platform running between guides and capable of being operated from any landing, place or position outside the confines of the car or platform.

"building work" means work in constructing, erecting, adding to, altering, repairing, equipping, finishing, painting, cleaning or demolishing that, when done in relation to a building or structure, is done at or adjacent to the site of the building or structure and that, when done in relation to a ship, is done on or adjacent to a ship in dock or on slips.

"chief inspector"—see section 5.

"compressed air work" includes any work done by any person in air the atmospheric pressure of which exceeds 1 atmosphere.

"contractor" means a person, firm, partnership, company, or corporation employing any person to perform any building work excavation work or compressed air work.

"crane" means derrick crane, jib crane, cantilever crane, overhead travelling crane, bridge or gantry crane, locomotive crane, mobile crane, power shovel, excavator, charging crane, flying fox, or any other apparatus or contrivance used or capable of being used for raising, lowering, handling or transporting loads in like way, and includes the supporting structure and the gear used in connection with the crane, but does not include a lift or hoist.

"crane chaser" means a person employed to attend and sling loads, and to control the movements of loads, handled by a crane if the loads are usually at all times in full view of the crane driver.

"dogger" means a person directly responsible for slinging and controlling the movement of loads by a crane if the loads are not usually at all times in full view of the crane driver.

"excavation work" includes any work in relation to—

(a) excavating for or preparing foundations for a building or structure; or

(b) tunnelling; or

(d) excavating for water, sewerage, drainage, gas or electricity supply;

but does not include an excavation less than 1.5m deep (measured from the top of the excavation).

"gear" includes ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening, shackle, slipring, turnbuckle, stay, brace, block, bracket, pulley, kibble, box, bucket, grab, hose, electrical conductor or fitting, or other equipment used in connection with scaffolding, a lift, crane, hoist, or plant, or building working, excavation work, or compressed air work.

"hoist" means hoist or hoisting appliance, sheerlegs, derrick pole or other apparatus or contrivance used or capable of being used for raising, lowering, handling, or transporting loads in like way and includes a pile-driver or tilter and the supporting structure and the gear used in connection with the hoist, but does not include crane or lift.

"inspector" means a person who is an inspector under section 5A.

"lift" means apparatus or contrivance within or attached to a building or structure worked by any power other than hand by which persons or goods are raised or lowered, and includes the supporting structure, machinery, equipment, gear and enclosures used in connection with the lift, but does not include crane or hoist.

"owner", of any crane, gear, hoist, lift, plant, or scaffolding, includes the owner, mortgagee in possession, lessee, hirer, or borrower of it.

"passenger lift" means a lift by which persons other than the attendant or persons required for loading or unloading goods are carried, and includes any lift certified by the chief inspector to be a passenger lift.

"plant" means—

(a) any machine or machinery driven by other than manual power; and

(b) any airlock and welding equipment;

used or intended for use in building work, excavation work, or compressed air work, and the gear used in connection with and the supporting structure of the plant, but does not include crane, hoist or lift.

"power crane" means any crane driven by other than manual power.

"power hoist" means any hoist driven by other than manual power.

"rigger" means a person directly in charge of—

(a) the initial work of erecting or placing in position the members of any type of structure other than scaffolding; or

(b) dismantling or demolishing structures other than scaffolding; or

"scaffolder" means a person engaged in the work of erecting, altering or demolishing scaffolding if a person or object falling from the scaffolding could fall a distance of 4m or more.

"scaffolding" means structure, staging, platform, or swinging stage or boatswain's chair set up or used for or in connection with the carrying out of—

(a) building work; or

(b) the erection or dismantling of machinery, plant or equipment; or

and includes the supporting structure and gear used in connection with the scaffolding.

"supporting structure" means any structure, structural member or foundation (including any part of a building or its foundations) subject in any way to direct or indirect loading as the result of the installation or use of scaffolding, a lift, crane, hoist or plant.

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

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

cl = clause

pres = present

def = definition

prev = previous

dict = dictionary

(prev...) = previously

disallowed = disallowed by the Legislative

pt = part

Assembly

r = rule/subrule

div = division

reg = regulation/subregulation

exp = expires/expired

renum = renumbered

Gaz = Gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3 Legislation history

This Act was originally a NSW Act—the Scaffolding and Lifts Act 1912 No 38 (NSW).

The Scaffolding and Lifts Act 1912 (NSW) was applied, in a modified form, as an ACT law by the Scaffolding and Lifts Act 1957 (now repealed).

Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

NSW legislation

Scaffolding and Lifts Act 1912 No 38

assented to 26 November 1912

commenced 26 November 1912

as amended by

Factories and Shops (Amendment) Act 1936 No 37 s 5

assented to 23 July 1936

s 5 commenced 31 July 1936 (s 1 (4) and NSW Gaz 1936 No 122)

Statute Law Revision Act 1937 No 35 sch 2

assented to 23 December 1937

sch 2 commenced 23 December 1937

Scaffolding and Lifts (Amendment) Act 1942 No 35

assented to 24 December 1942

commenced 18 January 1943 (s 1 (4) and NSW Gaz 1943 No 8)

Scaffolding and Lifts (Amendment) Act 1948 No 38

assented to 14 December 1948

commenced 1 June 1950 (s 1 (4) and NSW Gaz 1950 No 85)

Commonwealth legislation

Scaffolding and Lifts Act 1957 No 8 sch pt 1 (as am by ord 1966 No 19 s 7; ord 1974 No 26; ord 1976 No 7; ord 1977 No 28; ord 1978 No 17; ord 1981 No 15; ord 1983 No 34 s 5; ord 1989 No 38 sch 1)

notified 19 September 1957 (Cwlth Gaz 1957 No 51)

commenced 19 September 1957

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 s 7

notified 23 December 1966 (Cwlth Gaz 1966 No 109)

commenced 23 December 1966