(a) the design, manufacture, supply or use of any prescribed equipment; and
(b) the carrying on of any process or the carrying out of any operation.
2 Regulating the design, guarding, siting, construction, installation, bringing into operation, examination, repair, maintenance, alteration, adjustment, dismantling or testing of any prescribed equipment.
3 Requiring proprietors or other prescribed persons at the times and in the manner prescribed to examine, test, dismantle, repair, alter or adjust any prescribed equipment.
4 Requiring the use of prescribed equipment at any place.
5 Requiring any person to give notice of the erection or installation of prescribed equipment.
6 Regulating the siting, examination, repair, alteration, adjustment, dismantling, maintenance, care or use of and the conditions at, any equipment site.
7 Requiring proprietors of prescribed equipment or other prescribed persons at the times and in the manner prescribed to examine, test, analyse, label or mark any substance used in connection with prescribed equipment.
8 Inspections by inspectors.
Sch. cl. 9 amended by No. 13/1996
s. 41.
9 Requiring any prescribed equipment to be registered or licensed by the Authority or by any other prescribed person or body of persons.
10 Prohibiting the use of any prescribed equipment unless it is registered or licensed.
11 Prescribing the persons who may apply for registration of or any licence in respect of any prescribed equipment.
12 Prescribing the terms and conditions of registration of any prescribed equipment, or of any licence in respect of any prescribed equipment.
13 Prescribing the circumstances in which registration of or any licence in respect of any prescribed equipment may be cancelled or suspended.
14 Providing for the variation of the terms and conditions of registration of or any licence in respect of any prescribed equipment.
15 Prescribing the manner of application for the granting, renewal or transfer of registration of or any licence in respect of any prescribed equipment.
16 Prohibiting the carrying on of prescribed activities at equipment sites or the performance of prescribed work or the operation of prescribed equipment at equipment sites except under the supervision of or by persons with prescribed qualifications or experience.
Section 43 - Equipment (Public Safety) Act 1994 - Continuation of the Equipment (Public Safety) (General) Regulations 1995 | Zoe
17 Requiring proprietors, manufacturers and suppliers of prescribed equipment to provide information in the manner prescribed for the guidance of persons operating or using prescribed equipment with respect to the safe use of the equipment.
18 Regulating or requiring the taking of any action or precautions to avoid any accident or dangerous occurrence.
19 Prohibiting or requiring the taking of any action in the event of any accident or dangerous occurrence.
20 Regulating or requiring in prescribed circumstances the provision and use of protective clothing and equipment and rescue equipment.
21 Prescribing standards in relation to the use of, including standards of exposure to, any physical, biological, chemical or psychological hazard.
22 Prescribing the fees chargeable or payable for doing any act or providing any service for the purposes of the regulations and prescribing the person or persons or body of persons to which the fees are payable and providing for the distribution of those fees and for the refund of fees in prescribed circumstances.
23 Prescribing the manner of serving notices under this Act.
24 Prescribing forms for the purposes of this Act and the regulations.
25 Providing for contravention of or a failure to comply with a provision of a regulation to be an indictable offence or a summary offence.
26 Prescribing penalties for any contravention of or failure to comply with the regulations not exceeding the penalties set out in section 26(2).
27 Prescribing any matter or thing which by this Act is required or permitted to be prescribed for the purposes of this Act.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 31 March 1994
Legislative Council: 26 April 1994
The long title for the Bill for this Act was "A Bill to provide for public safety in relation to prescribed equipment and equipment sites, to amend the Occupational Health and Safety Act 1985 and Schedule 4 to the Magistrates' Court Act 1989.".
The Equipment (Public Safety) Act 1994 was assented to on 17 May 1994 and came into operation as follows:
Sections 1, 2 on 17 May 1994: section 2(1); rest of Act on 1 December 1994: section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Equipment (Public Safety) Act 1994 by Acts and subordinate instruments.
Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996
| Assent Date: | 28.6.96 |
| Commencement Date: | Ss 1, 2, 9 on 28.6.96: s. 2(1); rest of Act on 2.7.96: Special Gazette (No. 75) 2.7.96 p. 1 |
| Current State: | All of Act in operation |
| Assent Date: | 23.12.97 |
| Commencement Date: | S. 70 on 23.12.97: s. 2(1), s. 71 on 1.7.98: s. 2(7) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
| Assent Date: | 2.6.98 |
| Commencement Date: | S. 311(Sch. 1 items 28.1–28.3) on 1.7.98: Government Gazette 18.6.98 p. 1512 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Occupational Health and Safety Act 2004, No. 107/2004 (as amended by No. 31/2005)
| Assent Date: | 21.12.04 |
| Commencement Date: | S. 180(1) on 1.7.05: s. 3(1); s. 180(2)(3) never proclaimed, repealed by No. 31/2005 s. 38 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
| Assent Date: | 21.6.05 |
| Commencement Date: | Ss 24–34 on 1.7.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
| Assent Date: | 13.6.06 |
| Commencement Date: | S. 94(Sch. item 16) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
| Assent Date: | 29.8.06 |
| Commencement Date: | S. 61(Sch. item 12) on 30.8.06: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 97(Sch. item 52) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 54(Sch. Pt 1 item 21) on 1.1.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
| Assent Date: | 12.11.13 |
| Commencement Date: | S. 649(Sch. 9 item 16) on 1.7.14: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 49) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Treasury and Finance Legislation Amendment Act 2018, No. 49/2018
| Assent Date: | 25.9.18 |
| Commencement Date: | Ss 28–30 on 26.9.18: s. 2 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 35) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Occupational Health and Safety and Other Legislation Amendment Act 2021, No. 36/2021
| Assent Date: | 21.9.21 |
| Commencement Date: | Ss 12, 13, 24–26, 34 on 22.9.21: s. 2(1); s. 14 on 22.9.22: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |
Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022
| Assent Date: | 16.3.22 |
| Commencement Date: | Ss 18, 19 on 17.3.22: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994 |