Equipment (Public Safety) Regulations 2017 (Victoria)

Version No. 002

Equipment (Public Safety) Regulations 2017

S.R. No. 23/2017

Version incorporating amendments as at
1 July 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 2

5 Interpretation 2

6 Equipment that is declared to be prescribed equipment 14

7 Authority may grant an exemption from these Regulations 15

8 Incorporated documents 18

Part 2—Hazard identification and risk control measures for classes of prescribed equipment 19

9 Hazard identification and risk control measures may be for classes of prescribed equipment 19

Part 3—Duties of designers of prescribed equipment 20

10 Hazard identification 20

11 Control of risk 20

12 Specific risk control measures 20

13 Guarding 21

14 Operator controls 23

15 Emergency stop devices 24

16 Warning devices 25

17 Designer must give information to manufacturer 26

18 Hazard identified in design during manufacture 27

19 Records and information 27

20 Record of standards or engineering principles used 28

Part 4—Duties of manufacturers of prescribed equipment 30

21 Control of risk 30

22 Control of risk in design of certain prescribed equipment under the control of the manufacturer 31

23 Information must be given by a manufacturer 32

24 Records and information 33

Part 5—Duties of importers of prescribed equipment 34

25 Control of risk 34

26 Information must be given by an importer 34

Part 6—Duties of suppliers and agents of suppliers of prescribed equipment 36

Division 1—General 36

27 Definitions 36

28 Control of risk 36

29 Information to be given—new prescribed equipment 36

30 Information to be given—used prescribed equipment 37

31 Information to be given—scrap material 38

32 Roll-over protection on tractors 38

Division 2—Supplier who hires or leases prescribed equipment 39

33 Inspection and maintenance 39

34 Records 39

Division 3—Agent who sells prescribed equipment 40

35 Information must be obtained and given by agent 40

Part 7—Duty of person in charge of prescribed equipment 41

36 Prescribed equipment not in use 41

Part 8—Notice of prescribed equipment design 42

37 Prescribed equipment must be notified and the notice confirmed before equipment used 42

38 How to give notice 42

39 Authority to advise person who gave notice 44

40 Duties of various persons associated with design verification 45

41 Recognition of equivalent confirmation, registration or approval 46

42 What is required if a prescribed equipment design is altered 46

Part 9—Incident notices 48

43 Definitions 48

44 Notice of incident 48

45 Notice of dangerous occurrence 49

46 Incident records 50

47 Preservation of site 50

48 Duties of supplier of prescribed equipment for hire or lease 51

Part 10—Saving and transitional provisions 52

49 Transitional arrangements in relation to notice of prescribed equipment design 52

Schedule 1—Prescribed equipment designs to be notified 53

═════════════

Endnotes 56

1 General information 56

2 Table of Amendments 58

3 Explanatory details 59

Version No. 002

Equipment (Public Safety) Regulations 2017

S.R. No. 23/2017

Version incorporating amendments as at
1 July 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to declare certain equipment to be prescribed equipment for the purposes of the Equipment (Public Safety) Act 1994 and these Regulations; and

(b) to provide for the health and safety of persons and the identification and control of risks in relation to prescribed equipment; and

(c) for the purposes of identifying whether preventative action is necessary following an incident occurring at an equipment site—

(i) to specify notifiable incidents; and

(ii) to prescribe procedures relating to notifiable incidents involving prescribed equipment.

2 Authorising provision

These Regulations are made under section 36 of the Equipment (Public Safety) Act 1994.

3 Commencement

These Regulations come into operation on 18 June 2017.

4 Revocation

The following Regulations are revoked—

(a) the Equipment (Public Safety) Regulations 2007[1];

(b) the Equipment (Public Safety) Amendment Regulations 2014[2].

5 Interpretation

(1) In these Regulations—

administrative control means a system of work or a work procedure that is designed to eliminate or reduce risk, but does not include—

(a) a physical control; or

(b) the use of personal protective equipment;

agency means a person or body that has the power under a law of the Commonwealth or a law of an Australian State or Territory to require design notice or registration of prescribed equipment in a manner that is reasonably equivalent to the requirements under Part 8;

alter, in relation to prescribed equipment, means to change the design of, add to, or take away from the prescribed equipment in a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

AMBSC Code means Australian Miniature Boiler Safety Committee Code Parts 1, 2, 3 and 4 published by the Australian Miniature Boiler Safety Committee;

amusement structure means powered equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;

AS 2030—Gas Cylinders means—

(a) AS 2030.1 Gas cylinders, Part 1: General requirements; and

(b) AS 2030.2 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene; and

(c) AS 2030.4 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders–insulated; and

(d) AS 2030.5 Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders;

boiler means a boiler within the meaning of AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;

boom-type elevating work platform means a powered telescoping device (including vertical and inclined), hinged device or articulated device or any combination of those devices used to support a platform on which persons, equipment and materials may be elevated to perform work, but does not include an industrial lift truck;

bridge crane means a crane that—

(a) consists of one or more bridge beams mounted at each end to an end carriage; and

(b) is capable of travelling along elevated runways; and

building maintenance equipment means a suspended platform, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold;

building maintenance unit means a powered appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building, for a person working from the platform;

chairlift means an aerial powered ropeway that incorporates either elevated open chairs or closed cabins (gondola-type);

commissioning means performing the necessary adjustments, tests and inspections to ensure prescribed equipment is in full working order, in accordance with the requirements specified in the design of the prescribed equipment, before the prescribed equipment commences normal operation for the first time or restarts operation;

concrete-placing boom means powered mobile truck-mounted equipment incorporating a knuckle boom that is capable of power‑operated slewing and luffing to place concrete by way of pumping concrete through a pipeline attached to, or forming part of, the boom of the equipment;

conveyor means equipment (including the superstructure, gear and auxiliary equipment used in connection with the equipment) by which loads are, or are capable of being, raised, lowered, transported or continuously driven, by—

(a) an endless belt, rope or chain or other similar means; or

(b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or

(d) a vibration or walking beam; or

(e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;

crane means an appliance intended for raising or lowering a load and moving it horizontally (including the supporting structure of the appliance and its foundations) but does not include any of the following—

(a) an industrial lift truck;

(b) earthmoving machinery;

(d) a tractor;

(e) an industrial robot;

(f) a conveyor;

(g) building maintenance equipment;

(h) a suspended scaffold;

(i) a lift;

decommissioning, in relation to prescribed equipment, includes performing necessary adjustments, tests and inspections before the prescribed equipment ceases operation and during the process of ceasing operation;

earthmoving machinery means powered equipment used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck or a vehicle designed to be used primarily as a means of transport on public roads;

emergency stop device means a device that immediately stops, or effectively isolates the hazardous operation of, an item of prescribed equipment and requires manual resetting;

Note

An emergency stop device is not an operational stop control (see the definition of operational stop control).

engineering control means a physical control of any kind that is designed to eliminate or reduce a risk, but does not include—

(a) a system of work or procedure; or

(b) the use of personal protective equipment;

explosive-powered tool means an implement used to drive fasteners (including nails, bolts and screws) against, into or through material by means of explosive charges, and includes every attachment to, and accessory of, the implement, but does not include a firearm within the meaning of the Firearms Act 1996;

gantry crane means a powered crane that—

(a) consists of a bridge beam or beams that are supported at one or both ends by legs mounted to end carriages; and

(b) is capable of travelling along runways; and

gas cylinder means a rigid vessel not exceeding 3000 litres water capacity and without openings or integral attachments on the shell other than at the ends, designed for the storage and transport of gas under pressure and to which AS 2030—Gas Cylinders applies;

Notes

1 See the definition of AS 2030—Gas Cylinders which encompasses AS 2030.1, AS 2030.2, AS 2030.4 and AS 2030.5.

2 A gas cylinder may be of any shape.

hoist means an appliance intended for raising or lowering persons or a load and includes a mast climbing work platform, a personnel and materials hoist, a scaffolding hoist and a serial hoist, but does not include a lift or building maintenance equipment;

industrial lift truck means powered mobile prescribed equipment (other than a crane or earthmoving machinery) comprising a mast with an elevating carriage to which a pair of fork arms or other loadholding attachment is attached including—

(a) a truck on which the operator is raised with the attachment for order-picking; and

(b) a truck where the frame and lift unit straddle, raise, lower, move or stack the load;

industrial robot means equipment that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools or specialised devices, through variable programmed motions for the performance of a variety of tasks;

laser means equipment that produces a beam of electromagnetic radiation in the wavelength range from 100 nanometres
to 1 millimetre that is used for cutting, alignment, scanning or measurement, but does not include equipment that produces light beams at these wavelengths for the primary purpose of illumination;

lift means permanent equipment, or equipment intended to be permanently installed, in or attached to a building or structure in which persons, goods or materials may be raised or lowered within a car, chair or cage or on a platform and the movement of which is restricted by a guide or guides and includes an escalator, a moving walk and a stairway lift;

mast climbing work platform means equipment with a working platform used to support and elevate persons, equipment and materials by means of a drive system that moves along an extendable mast, but does not include a lift or building maintenance equipment;

mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways;

operational stop control means a device used to stop an item of prescribed equipment under normal operation, but does not include an emergency stop device;

operator controls includes an operational stop control and an emergency stop device;

Reg. 5(1) def. of powered mobile prescribed equipment amended by S.R. No. 22/2024 reg. 5.

powered mobile prescribed equipment means prescribed equipment that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator;

presence-sensing safeguarding system includes—

(a) a sensing system that—

(i) is an electro-sensitive or pressure sensitive system that employs optoelectronic or pressure sensitive devices to perform a sensing and a control function; or

(ii) uses other technologies to perform a sensing and a control function; and

(b) the interface between the final switching devices of the sensing system and the machine primary control elements; and

(c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state before the person can reach the dangerous parts;

pressure equipment means boilers, pressure vessels and pressure piping;

pressure piping means pressure piping within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C
or D as determined by AS 4343 Pressure equipment—Hazard levels, but does not include pressure piping that is regulated under—

(a) the Gas Safety Act 1997; or

(b) the Petroleum Act 1998; or

(d) the Water Industry Act 1994; or

(e) the Pipelines Act 2005; or

(f) any other Act (other than the Equipment (Public Safety)
Act 1994) that imposes statutory controls over pressure piping comparable to those listed in paragraphs (a) to (e);

pressure vessel means—

(a) a pressure vessel within the meaning of AS/NZS 1200 Pressure equipment, with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels; or

(b) a fired heater; or

but does not include a boiler or pressure piping;

published technical standard means a document that gives technical information, guidance or advice on prescribed equipment, that is published by—

(a) an agency; or

(b) Standards Australia; or

(d) the International Organisation for Standardisation (ISO); or

(e) an organisation with substantially equivalent objectives in relation to the publication of technical information, guidance or advice on equipment to the organisations listed in paragraphs (a) to (d);

reach stacker means powered mobile prescribed equipment that—

(a) incorporates a non-slewing boom with a permanently fitted lifting frame where the only means of
lifting is by twist locks; and

(b) is designed for raising and lowering shipping containers and moving them horizontally—

but does not include a shore-based container handling gantry crane;

roll-over protection means a structure to protect the operator of a tractor or other powered mobile prescribed equipment against injury as a result of the tractor or equipment rolling over in any direction;

rope access equipment means equipment used to manually lower or raise a person in a harness or seat, supported by one or more fibre ropes and includes the equipment used to anchor or haul the rope or ropes while the person is lowered and raised;

scaffold means a temporary structure specifically erected to support access or working platforms;

self-erecting tower crane means a tower crane where—

(a) the tower structure and boom or jib elements are not disassembled into component sections; and

(b) the crane can be transported between sites as a complete unit; and

suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;

temporary access equipment means the following—

(a) rope access equipment;

(b) a work box;

(d) equipment incorporating a harness that is used or intended to be used to arrest the fall of a person wearing the harness;

the Act means the Equipment (Public Safety) Act 1994;

tower crane means a powered boom or jib crane mounted on a tower structure;

tractor means a powered vehicle primarily designed to haul and provide power for agricultural or horticultural machinery or implements by way of a power-takeoff rotating shaft or other mechanical means, but does not include—

(a) earthmoving machinery; or

(b) a passenger vehicle;

turbine means a rotary motor or rotary engine driven by a flow of water, steam or gas primarily intended for the production of electricity;

vehicle hoist means a hoist that is permanently installed or designed to be permanently installed at an equipment site to elevate a vehicle to allow work to be performed on the vehicle;

work box means a device for carrying persons, designed to be suspended from a crane, to provide a working area for persons elevated by and working from the device;

workpiece means material, off-cut or scrap
(in any form) on which an item of prescribed equipment is doing work or that is produced by an item of prescribed equipment, but does not include a load being lifted or moved by the prescribed equipment.

(2) Any reference in these Regulations to—

(a) designer, manufacturer, importer or supplier, in relation to prescribed equipment, is a reference to a person who designs, manufactures, imports or supplies (as the case requires) that prescribed equipment; or

(b) prescribed equipment or a type of prescribed equipment includes any component of the equipment or type of equipment and anything fitted, connected or belonging to the equipment or type of equipment.

6 Equipment that is declared to be prescribed equipment

(1) For the purposes of the Act and these Regulations the following types of equipment are declared to be prescribed equipment—

(a) subject to subregulation (2), equipment that processes material by way of a mechanical action that—

(i) cuts, drills, punches or grinds the material; or

(ii) presses, forms, hammers, joins or moulds the material; or

(iii) combines, mixes, sorts, packages, assembles, knits or weaves the material—

including equipment where the functions referred to in subparagraphs (i), (ii) and (iii) are incidental to the main purpose of the equipment;

(b) subject to subregulation (2), equipment that lifts or moves persons or materials (other than a ship, boat, aircraft or vehicle designed to be used primarily as a means of transport on a public road or by rail);

(d) tractors;

(e) earthmoving machinery;

(f) lasers;

(g) scaffolds;

(h) temporary access equipment;

(i) explosive-powered tools;

(j) turbines;

(k) amusement structures.

Example

An example of materials under subregulation (1)(b) includes objects and substances such as empty receptacles, bins, landfill rubbish, metals and soil.

(2) Subregulations (1)(a) and (1)(b) do not include—

(a) equipment that relies exclusively on manual power for its operation; or

(b) equipment that is designed to be primarily supported by hand.

(3) Unless specified otherwise, these Regulations apply to all prescribed equipment irrespective of the date on which the prescribed equipment was manufactured.

7 Authority may grant an exemption from these Regulations

(1) The Authority may exempt the following from any requirement of, or prohibition in, these Regulations—

(a) specific prescribed equipment or a class of prescribed equipment;

(b) any person or class of persons.

(2) The Authority may grant an exemption on—

(a) its own initiative; or

(b) the written application of any person.

(3) The Authority may grant an exemption under—

(a) subregulation (1)(a) if the Authority is satisfied that the risk associated with the prescribed equipment is not significant; or

(b) subregulation (1)(b) if the Authority is satisfied that the person can demonstrate that the person is capable of achieving an equivalent level of health and safety in relation to the design of the prescribed equipment or the prescribed equipment under the person's control or management that would be achieved if the person had complied with these Regulations.

(4) The Authority may impose conditions on an exemption in relation to—

(a) the commencement date and duration of the exemption; and

(b) any systems of work or processes to be used or implemented by the applicant for the exemption; and

(d) any monitoring or recording of systems of work or processes used by the person exempted; and

(e) a requirement for the applicant to give notice of the application and conditions of the exemption to any specified person who may be affected.

(5) If, in response to an application under subregulation (2)(b), the Authority—

(a) grants an exemption, the Authority must give a copy of the exemption to the applicant within 14 days of the Authority's decision to grant the exemption; or

(b) refuses to grant an exemption, the Authority must notify the applicant in writing of the reasons for the refusal within 14 days of the Authority's decision to refuse to grant the exemption.

(6) The Authority, by written notice given to the applicant, may at any time vary or revoke an exemption.

(7) A notice under subregulation (6) must—

(a) be provided to the applicant within 14 days of the Authority's decision to vary or revoke the exemption; and

(b) include the reasons for the Authority's decision to vary or revoke the exemption.

(8) A variation or revocation of an exemption under subregulation (6) takes effect—

(a) on the day on which the person to whom the exemption applies is given written notice of the variation or revocation; or

(b) on the day specified in the written notice, which must be a date later than the date on which the person to whom the exemption applies receives the notice.

(9) The Authority may charge a fee of 46·2 fee units for the consideration of an application for exemption under this regulation.

(10) The Authority must not grant an exemption to a person unless the person has paid the fee set out in subregulation (9).

8 Incorporated documents

A reference in these Regulations to any document applied, adopted or incorporated by, or referred to in, these Regulations is to be read as a reference to that document as in force from time to time.

Part 2—Hazard identification and risk control measures for classes of prescribed equipment

9 Hazard identification and risk control measures may be for classes of prescribed equipment

(1) This regulation applies to a person who is required under these Regulations to identify hazards and control risks associated with prescribed equipment.

(2) A person referred to in subregulation (1) may carry out procedures to identify the hazards and control risks for a class of prescribed equipment rather than for an individual item of prescribed equipment if—

(a) all the prescribed equipment in the class have similar functions and productive capacity; and

(b) the identification and control measures carried out for the class of prescribed equipment do not result in any person being subject to a greater, additional or different risk associated with prescribed equipment than if the identification and control measures were carried out for each individual item of prescribed equipment.

(3) A reference in this regulation to a person being under a duty to control risks associated with prescribed equipment is a reference to a requirement that the person eliminate the risks or, if it is not practicable to eliminate the risks, reduce the risks so far as is practicable.

Part 3—Duties of designers of prescribed equipment

10 Hazard identification

A designer of prescribed equipment must, so far as is practicable, identify all hazards associated with the use of the prescribed equipment during the design of the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

11 Control of risk

A designer of prescribed equipment must ensure that any risk associated with the use of the prescribed equipment—

(a) is eliminated, so far as is practicable; or

(b) if it is not practicable to eliminate the risk, is reduced so far as is practicable by altering the design of the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

12 Specific risk control measures

(1) A designer of prescribed equipment must ensure that the prescribed equipment is designed so that the risk to the operators of the prescribed equipment and persons in the vicinity of the prescribed equipment when the prescribed equipment is used—

(a) is eliminated, so far as is practicable; or

(b) if it is not practicable to eliminate the risk, is reduced so far as is practicable.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) A designer of prescribed equipment must ensure that if particular systems of work or the competency of operators will eliminate or reduce risk, they are specified in the information supplied to the manufacturer under regulation 17.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

13 Guarding

(1) This regulation applies to a designer of prescribed equipment who uses guarding as a measure to control risk associated with the prescribed equipment.

(2) The designer must ensure, so far as is practicable, that the guarding designed for that purpose will prevent access to the danger area of the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) The designer must ensure that—

(a) if access to the area of the prescribed equipment requiring guarding is not necessary during operation, maintenance or cleaning of the prescribed equipment, the guarding is a permanently fixed physical barrier; or

(b) if access to the area of the prescribed equipment requiring guarding is necessary during operation, maintenance or cleaning of the prescribed equipment, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when the area does not present a risk and prevents access to that area at any other time; or

(c) if it is not practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or

(d) if it is not practicable to use guarding referred to in paragraph (a), (b) or (c), the design includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the prescribed equipment requiring guarding while a person or any part of a person is in the area being guarded.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(4) The designer must ensure that the guarding is designed so that it—

(a) makes bypassing or disabling the guarding, whether deliberately or by accident, as difficult as is reasonably possible; and

(b) does not create a risk in itself.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(5) If the prescribed equipment to be guarded contains moving parts that may break or that may cause workpieces to be ejected from the prescribed equipment, the designer must ensure that the guarding will, in relation to any risk from those broken or ejected parts or workpieces—

(a) so far as is practicable, eliminate the risk; or

(b) if it is not practicable to eliminate the risk, reduce the risk so far as is practicable.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(6) Despite anything to the contrary in this regulation, any guarding the designer of prescribed equipment uses as a measure to control risk associated with prescribed equipment may be of a kind that is able to be removed to allow convenient repair, servicing, maintenance and cleaning of the prescribed equipment when it is not in normal operation.

14 Operator controls

(1) A designer of prescribed equipment must ensure that the design provides for any operator controls for the prescribed equipment to be—

(a) suitably identified on prescribed equipment so as to indicate their nature and function; and

(b) located so as to be readily and conveniently operated by each person using the prescribed equipment; and

(d) able to be locked into the "off" position to enable the disconnection of all motive power.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) If the need for prescribed equipment to be operated during maintenance or cleaning cannot be eliminated, the designer of the prescribed equipment must ensure that the design provides for operator controls that—

(a) permit operation of the prescribed equipment while a person is undertaking the maintenance or cleaning of the prescribed equipment; and

(b) cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the prescribed equipment; and

(c) allow operation of the prescribed equipment in such a way that any risk associated with the activities to any person who is carrying out the maintenance or cleaning of the prescribed equipment—

(i) is, so far as is practicable, eliminated; or

(ii) if it is not practicable to eliminate the risk, is reduced so far as is practicable.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) This regulation does not apply to an emergency stop device.

15 Emergency stop devices

(1) A designer of prescribed equipment that is designed to be operated or attended by more than one person and has more than one emergency stop device fitted, must ensure that the design provides for the emergency stop devices to be of the type that ensures that, if an emergency stop device has been used, the prescribed equipment can be restarted only if—

(a) that emergency stop device is manually reset; and

(b) the start function is manually activated.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) A designer of prescribed equipment who includes an emergency stop device for the prescribed equipment must ensure that the design provides—

(a) for the device to be prominent, clearly and durably marked and immediately accessible to each operator of the prescribed equipment; and

(b) for any handle, bar or push button associated with the device to be coloured red; and

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

16 Warning devices

(1) A designer of prescribed equipment who includes an emergency warning device for the prescribed equipment must ensure that the design provides for the device to be so positioned on the prescribed equipment that the device works to best effect.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) If there is a likelihood of powered mobile prescribed equipment colliding with pedestrians or other powered mobile prescribed equipment, the designer must ensure that the design of the prescribed equipment includes a warning device that will warn any person who may be at risk from the movement of the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

17 Designer must give information to manufacturer

A designer of prescribed equipment must, when the design of the prescribed equipment is made available to the manufacturer of the prescribed equipment, give the manufacturer adequate information to enable the prescribed equipment to be manufactured in accordance with the design specifications and, if applicable, information about the following—

(a) the installation, commissioning, decommissioning, use, transport, storage and, if the prescribed equipment is capable of being dismantled, dismantling, of the prescribed equipment;

(b) the hazards and any risk associated with the use of the prescribed equipment identified by the designer;

(d) the systems of work and competency of operators that are necessary for the safe use of the prescribed equipment;

(e) the emergency procedures (if any) that are required to be implemented if there is a malfunction of the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

18 Hazard identified in design during manufacture

A designer of prescribed equipment, who has been informed under regulation 21(1)(c)(ii) by a manufacturer of the prescribed equipment that there is a hazard in the design for which the designer has not provided a risk control measure, must—

(a) revise the information originally supplied and give it to the manufacturer to ensure that the risk is—

(i) so far as is practicable eliminated; or

(ii) if it is not practicable to eliminate the risk, reduced so far as is practicable; or

(b) inform the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with these Regulations.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

19 Records and information

(1) A designer of prescribed equipment that is required to be notified in accordance with Part 8 must record—

(a) the method used to determine the risk control measures for the prescribed equipment; and

(b) the risk control measures that result from the determination.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) A designer of prescribed equipment must keep any record made under subregulation (1) available for inspection by the Authority for a period of 7 years after the date of notice of the design of the prescribed equipment under Part 8.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

Note

If a person who designs prescribed equipment is the person who gives notice of the equipment design under Part 8, that person must also obtain a design verification statement in accordance with regulation 38.

20 Record of standards or engineering principles used

(1) A designer of prescribed equipment must record any published technical standard, including any part of a published technical standard, that was used in designing the prescribed equipment.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) A designer of prescribed equipment who does not use published technical standards to design the prescribed equipment must record any engineering principles used in designing the prescribed equipment.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(3) A designer of prescribed equipment must keep any record made under this regulation available for inspection by the Authority or the person who verified the design of the prescribed equipment under Part 8, for a period of 7 years after the later of—

(a) the date on which the design or information about the design is given to the manufacturer under regulation 17; or

(b) if applicable, the date on which revised information is given to the manufacturer under regulation 18.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

Part 4—Duties of manufacturers of prescribed equipment

21 Control of risk

(1) A manufacturer of prescribed equipment must—

(a) ensure that the prescribed equipment is manufactured and inspected having regard to the information given to the manufacturer by the designer of the prescribed equipment under Part 3; and

(b) if the information given to the manufacturer by the designer of the prescribed equipment under Part 3 requires the prescribed equipment to be tested, ensure that the prescribed equipment is tested in accordance with the information; and

(c) ensure that if, during the manufacturing process, any hazard is identified in the design of the prescribed equipment for which the designer has not provided a risk control measure—

(i) the hazard is not incorporated into the manufacture of the prescribed equipment; and

(ii) the designer of the prescribed equipment is informed in writing of the hazard, as soon as reasonably possible; and

(iii) all reasonable steps are taken to consult with the designer of the prescribed equipment in relation to the alteration of the design to rectify the hazard; and

(d) if it is not possible to inform the designer of the hazard in accordance
with paragraph (c)(ii), ensure that the risk is—

(i) so far as is practicable, eliminated; or

(ii) if it is not practicable to eliminate the risk, reduced so far as is practicable.

100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) A manufacturer to whom subregulation (1)(c) applies must not manufacture the prescribed equipment until—

(a) the designer gives the manufacturer revised information under regulation 18(a); or

(b) the manufacturer eliminates or reduces risk in accordance with subregulation (1)(d).

100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) If the designer gives a manufacturer of prescribed equipment written information in accordance with regulation 18(b), the manufacturer may proceed in accordance with the designer's original information.

22 Control of risk in design of certain prescribed equipment under the control of the manufacturer

(1) This regulation applies if a manufacturer intends to manufacture prescribed equipment from a design of a designer (other than a designer to whom section 8 of the Act applies).

(2) Subject to subregulation (3), the manufacturer must ensure that hazard identification and control of risks associated with the design of the prescribed equipment have been carried out in accordance with Part 3 before the prescribed equipment leaves the manufacturer's control.

100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) If it is not practicable to comply with subregulation (2), the manufacturer must ensure that any risk arising from use of the prescribed equipment—

(a) is eliminated, so far as is practicable; or

(b) if it is not practicable to eliminate the risk, is reduced so far as is practicable.

100 penalty units for a natural person;

400 penalty units for a body corporate.

23 Information must be given by a manufacturer

A manufacturer of prescribed equipment must—

(a) give to a person to whom the manufacturer supplies the prescribed equipment the information given to the manufacturer by the designer under regulation 17 when the prescribed equipment is supplied by the manufacturer; and

(b) if the manufacturer acts in accordance with regulation 21(1)(d), give to a person to whom the manufacturer supplies the prescribed equipment the information, applicable to the prescribed equipment, that is required to be given by the designer under regulation 18.

100 penalty units for a natural person;

400 penalty units for a body corporate.

24 Records and information

(1) A manufacturer of prescribed equipment must keep—

(a) a record of any published technical standard, including any part of a published technical standard, used to manufacture the prescribed equipment; and

(b) any information in relation to the prescribed equipment given to the manufacturer by a designer under these Regulations or the Act.

60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) The manufacturer of prescribed equipment must keep the records and information referred to in subregulation (1) available for inspection by the Authority for a period of 7 years after the date of manufacture of the prescribed equipment.

60 penalty units for a natural person;

300 penalty units for a body corporate.

Part 5—Duties of importers of prescribed equipment

25 Control of risk

An importer of prescribed equipment must ensure that any risk arising from use of the prescribed equipment is—

(a) so far as is practicable, eliminated; or

(b) if it is not practicable to eliminate the risk, reduced so far as is practicable.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

26 Information must be given by an importer

(1) An importer of prescribed equipment must—

(a) in respect of that prescribed equipment, give to the person to whom the prescribed equipment is supplied the health and safety information given to the importer by the designer or manufacturer when the prescribed equipment is supplied; and

(b) if the importer has altered the prescribed equipment or its design in complying with regulation 25, give to the person to whom the prescribed equipment is supplied the information, applicable to the prescribed equipment, that is required to be given by the designer under regulation 17.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) An importer of prescribed equipment that is to be used as scrap material must, at the time the prescribed equipment is supplied to a person, inform the person in writing that the prescribed equipment is intended for use as scrap material.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

Part 6—Duties of suppliers and agents of suppliers of prescribed equipment

Division 1—General

27 Definitions

In this Part—

hire does not include hire under a hire-purchase agreement or hire-purchase contract;

supplier does not include a person who sells prescribed equipment as an agent of a supplier.

28 Control of risk

A supplier of prescribed equipment must ensure that any risk arising from use of the prescribed equipment is—

(a) so far as is practicable, eliminated; or

(b) if it is not practicable to eliminate the risk, reduced so far as is practicable.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

29 Information to be given—new prescribed equipment

(1) A supplier of new prescribed equipment must, at the time of supplying the prescribed equipment, give to the person to whom it is supplied the information given to the supplier under regulation 23.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) A supplier of new prescribed equipment who does not possess the information referred to in subregulation (1) must, in writing, inform the person to whom the prescribed equipment is supplied that the prescribed equipment—

(a) is being supplied without the information required by those provisions; and

(b) should not be used as prescribed equipment without the information.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) This regulation does not apply to a supplier who supplies prescribed equipment under a hire‑purchase agreement or hire‑purchase contract.

30 Information to be given—used prescribed equipment

(1) A supplier of used prescribed equipment must, at the time of supplying the used prescribed equipment, give to the person to whom it is supplied—

(a) any information required to be given to the supplier under regulation 23 that is in the possession of the supplier relating to the safe use of the prescribed equipment; and

(b) any record kept by the previous owner of the prescribed equipment required under this Part, that is in the possession of the supplier.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) A supplier of used prescribed equipment who does not possess any information or record referred to in subregulation (1) must, in writing, inform the person to whom the prescribed equipment is supplied that the prescribed equipment—

(a) is being supplied without the information required by those provisions; and

(b) should not be used as prescribed equipment without the information.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

(3) This regulation does not apply to a supplier who supplies prescribed equipment under a hire‑purchase agreement or hire-purchase contract.

31 Information to be given—scrap material

A supplier of used prescribed equipment that is to be used as scrap material must, at the time the prescribed equipment is supplied to a person, inform the person in writing that the prescribed equipment is intended for use as scrap material.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

32 Roll-over protection on tractors

(1) This regulation applies to a tractor that conveys its power directly to the ground by wheels but does not apply to a tractor—

(a) supplied for use at an equipment site in circumstances in which there is no likelihood of the tractor overturning; or

(b) weighing less than 560 kilograms, the weight being taken in the lightest form in which the tractor is normally available for retail sale when new and without water, fuel or lubricating oil; or

(2) A supplier of prescribed equipment must not supply a tractor manufactured in, or imported into, Victoria on or after 1 July 1981 unless it is fitted with roll-over protection.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

Division 2—Supplier who hires or leases prescribed equipment

33 Inspection and maintenance

A supplier of prescribed equipment who hires or leases prescribed equipment must ensure that, between any hiring or leasing of the prescribed equipment, the prescribed equipment is inspected and maintained to ensure that any risk arising from the use of the prescribed equipment is—

(a) so far as is practicable, eliminated; or

(b) if it is not practicable to eliminate the risk, reduced so far as is practicable.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

34 Records

(1) A supplier of prescribed equipment who hires or leases prescribed equipment must make a record detailing any inspections or maintenance carried out on the prescribed equipment under regulation 33.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) A supplier of prescribed equipment who hires or leases prescribed equipment must keep the record made under subregulation (1) while the supplier has management or control of the prescribed equipment.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(3) A supplier of prescribed equipment who hires or leases prescribed equipment must give to each person to whom the supplier hires or leases the prescribed equipment any information on the safe use of the prescribed equipment which is in the possession of the supplier.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

Division 3—Agent who sells prescribed equipment

35 Information must be obtained and given by agent

A person who sells prescribed equipment as an agent of a supplier must—

(a) before conducting the sale, obtain the information or records (as the case may be) required under regulations 29, 30 and 31 to be given by a supplier to the person to whom the prescribed equipment is supplied; and

(b) give the information or records (as the case may be) obtained from the supplier under paragraph (a) to the purchaser of the prescribed equipment on completion of the sale.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

Part 7—Duty of person in charge of prescribed equipment

36 Prescribed equipment not in use

A person in charge of prescribed equipment must ensure that when prescribed equipment is not in use it is left in a state that does not create a risk, so far as is practicable, to any person.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

Part 8—Notice of prescribed equipment design

37 Prescribed equipment must be notified and the notice confirmed before equipment used

A person must not use, cause or allow to be used, prescribed equipment listed in Schedule 1 unless—

(a) notice of the design of the prescribed equipment has been confirmed by the Authority; or

(b) regulation 41 applies to the prescribed equipment.

Penalty: 100 penalty units for a natural person;

400 penalty units for a body corporate.

38 How to give notice

(1) Notice of a prescribed equipment design must—

(a) be given to the Authority in the form determined by the Authority; and

(b) include the information required under subregulation (2); and

(d) be accompanied by a fee of 20 fee units.

(2) Notice of a prescribed equipment design must include the following—

(a) a design verification statement that states that the design was prepared in accordance with the record of published technical standards or engineering principles (as the case may be) referred to in regulation 20; and

(b) the name, business address and qualifications of the person who made the design verification statement and, if applicable, the name and business address of the person employing the design verifier; and

(d) any information about the design that may be determined by the Authority under subregulation (3).

(3) Without limiting subregulation (1), the Authority may require additional information relating to the design of prescribed equipment to be included with a notice of the prescribed equipment design.

(4) The information required under subregulation (3) may include the following—

(a) the dates of the commencement and completion of the design;

(b) whether the design is for an alteration to existing prescribed equipment;

(d) the intended primary use and performance capacity of the prescribed equipment;

(e) if known by the designer, the intended manufacturer's name and address;

(f) the type and model number (if applicable) of the prescribed equipment;

(g) if known by the designer, the intended fixed location of prescribed equipment in the equipment site;

(h) a description of controls, safety devices, supporting systems and communication systems for the prescribed equipment (if applicable);

(i) the hazard level of pressure equipment and the type of fluid to be used in the pressure equipment (if applicable).

(5) The information determined by the Authority under subregulation (3) may be information applicable generally to all prescribed equipment designs, a type of prescribed equipment design or specific to an individual prescribed equipment design.

39 Authority to advise person who gave notice

(1) Within 30 days of receiving a prescribed equipment design notice under regulation 38, the Authority must advise the person who gave the notice in writing that—

(a) the prescribed equipment design notice has been confirmed; or

(b) the confirmation has been deferred due to—

(i) the inadequacy of the information required to be provided under regulation 38; or

(ii) a failure to provide the required fee.

(2) If the Authority advises a person who gave the notice that the information provided is inadequate, the Authority must also specify what further information is required.

(3) Subregulation (1) applies to any information or fee submitted in response to any advice given under subregulation (1)(b), as if it were notice.

(4) If the Authority fails to comply with subregulation (1) within 30 days of receiving notice, the prescribed equipment design notice is taken to have been confirmed and the Authority must provide written advice of that confirmation, as soon as is reasonably possible, to the person who gave the notice.

40 Duties of various persons associated with design verification

(1) The person who gives notice under regulation 38 must ensure that the design verification statement referred to in regulation 38(2)(a) was made by a design verifier—

(a) who did not participate in the design that is the subject of the statement; and

(b) who has an appropriate level of skill and knowledge to be able to verify the design; and

(c) who has checked the design to ensure that it has been prepared according to the published technical standards or engineering principles recorded by the designer in respect of the design of that prescribed equipment in accordance with regulation 20.

100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) A person who has participated in preparing a prescribed equipment design must not knowingly act as a design verifier for that prescribed equipment design.

100 penalty units for a natural person;

400 penalty units for a body corporate.

41 Recognition of equivalent confirmation, registration or approval

Subject to regulation 42, it is not necessary to give notice of a design for prescribed equipment under this Part if—

(a) the design has been registered under Part 6.2 of the Occupational Health and Safety Regulations 2017; or

(b) an agency has confirmed a notice for the design of the prescribed equipment or has registered or approved the design under statutory requirements substantially equivalent to the requirements of this Part.

42 What is required if a prescribed equipment design is altered

(1) If a prescribed equipment design notice has been confirmed and that design is altered to an extent that the prescribed equipment is subject to new measures to control risk, a person must not use the prescribed equipment, or cause or allow the prescribed equipment to be used, unless notice of the altered design has been confirmed by either the Authority or the agency that confirmed the previous notice.

100 penalty units for a natural person;

400 penalty units for a body corporate.

(2) If a prescribed equipment design has been registered or approved by an agency and that design is altered in Victoria to an extent that the prescribed equipment is subject to new measures to control risk, a person must not use the prescribed equipment, or cause or allow the prescribed equipment to be used, unless notice of the altered design of the prescribed equipment has been confirmed by the Authority in accordance with this Part.

100 penalty units for a natural person;

400 penalty units for a body corporate.

Part 9—Incident notices

43 Definitions

In this Part—

incident means an accident or dangerous occurrence;

medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.

44 Notice of incident

A person who is in charge of prescribed equipment at an equipment site must notify the Authority immediately after becoming aware of an incident involving the equipment which results in one or more of the following—

(a) the death of any person;

(b) a person requiring medical treatment within 48 hours of exposure to a substance;

(d) a person requiring immediate treatment for—

(i) the amputation of any part of a person's body; or

(ii) a serious head injury; or

(iii) a serious eye injury; or

(iv) the separation of a person's skin from underlying tissue (such as de-gloving or scalping); or

(v) an electric shock; or

(vi) a spinal injury; or

(vii) the loss of a bodily function; or

(viii) any serious laceration.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

Reg. 45 substituted by S.R. No. 22/2024 reg. 6.

45 Notice of dangerous occurrence

A person in charge of prescribed equipment at an equipment site who becomes aware of an incident at the site involving prescribed equipment must immediately notify the Authority if—

(a) the incident exposes a person to a serious risk to the person's health or safety; and

(b) the serious risk emanates from an immediate or imminent exposure to any of the following—

(i) an implosion, explosion or fire;

(ii) the collapse, overturning, failure or malfunction of, or damage to, prescribed equipment, other than prescribed equipment referred to in regulation 6(1)(a) or (f).

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

46 Incident records

(1) In addition to the notice required by regulation 44 or 45, a person to whom regulation 44 or 45 applies must provide a record of the incident to the Authority in accordance with subregulation (2) within 48 hours of being required to comply with regulation 44 or 45.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) The record must be in writing and in a form approved in writing by the Authority.

47 Preservation of site

(1) A person who is required to comply with regulation 44 or 45 must ensure that the site of the incident is not disturbed until—

(a) an inspector arrives at the site; or

(b) such other time as an inspector directs when the Authority is notified of the incident.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

(2) Despite subregulation (1), a site may be disturbed for the purpose of—

(a) protecting the health or safety of any person; or

(b) aiding an injured person involved in an incident; or

48 Duties of supplier of prescribed equipment for hire or lease

A supplier who hires or leases prescribed equipment must take all reasonable steps to ensure that the requirements of this Part are brought to the attention of the person who is hiring or leasing the equipment, at the time of the hire or lease.

Penalty: 60 penalty units for a natural person;

300 penalty units for a body corporate.

Part 10—Saving and transitional provisions

49 Transitional arrangements in relation to notice of prescribed equipment design

(1) A notification of a design of prescribed equipment under regulation 801 of the Equipment (Public Safety) Regulations 2007 is, on and from the commencement of these Regulations, to be taken to be a notice of the design under regulation 37(a) of these Regulations.

(2) A confirmation of a notification of a design of prescribed equipment under regulation 803 of the Equipment (Public Safety) Regulations 2007 is, on and from the commencement of these Regulations, to be taken to be a confirmation of the notice of the prescribed equipment design under regulation 39(1)(a) of these Regulations.

Schedule 1—Prescribed equipment designs to be notified

Regulation 37

1 Pressure equipment, other than the following—

(a) pressure piping;

(b) miniature boilers designed in accordance with the AMBSC Code;

(c) gas cylinders or fired heaters, with a hazard level equivalent to hazard level E as set out in AS 4343—Pressure equipment—Hazard levels.

2 Tower cranes, other than the foundations or supporting structure and the crane ties of the tower crane.

3 Self-erecting tower cranes.

4 Lifts, other than the following—

(a) platforms for raising or lowering stage performers and associated equipment;

(b) equipment designed only to store vehicles in a designated parking facility;

(c) lifts designed to transport goods only, which do not have any operational controls within the lift car, including dumb waiters.

5 Building maintenance units.

6 Hoists, with a platform movement of more than 2·4 metres, designed to lift persons.

7 Work boxes suspended from cranes.

8 Amusement structures to which AS 3533.1—Amusement rides and devices—Part 1: Design and construction applies, other than the following—

(a) amusement structures determined by AS 3533.1 to be class 1;

(b) amusement structures that are, or are intended to be, permanently installed and operated in playgrounds;

(d) water wave generators that prevent users from coming into contact with the machinery used to generate the waves;

(e) inflatable devices, unless they have a platform height (the height of the highest part of the device designed to support users) of 3 metres or more and rely on a supply of continuously blown air to maintain their shape;

(f) amusement structures that are specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity, including canoes operating on artificial
currents;

(g) rides or devices that are primarily designed as a form of transport or motor sport, including hovercrafts, quad bikes and snow mobiles;

(h) jet packs and hover boards;

(i) go-karts;

(j) parasailing equipment;

(k) coin or token operated devices that are intended to be ridden, at the same time, by not more than 4 children who must be below the age of 10 years.

9 Prefabricated scaffolding, being an integrated system of prefabricated components manufactured in such a way that the possible geometry of assembled scaffolds is pre‑determined by the designer.

10 Boom-type elevating work platforms.

11 Gantry cranes with a rated capacity greater than 5 tonnes and bridge cranes with a rated capacity greater than 10 tonnes, and a gantry crane or a bridge crane which is designed to handle molten metal or dangerous goods.

12 Vehicle hoists.

13 Mast climbing work platforms.

14 Mobile cranes with a rated capacity greater than 10 tonnes, other than reach stackers.

15 Chairlifts.

16 Concrete-placing booms.

═════════════

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.

The Equipment (Public Safety) Regulations 2017, S.R. No. 23/2017 were made on 26 April 2017 by the Governor in Council under section 36 of the Equipment (Public Safety) Act 1994, No. 21/1994 and came into operation on 18 June 2017: regulation 3.

The Equipment (Public Safety) Regulations 2017 will sunset 10 years after the day of making on 26 April 2027 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Equipment (Public Safety) Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Equipment (Public Safety) Amendment (Notice of Dangerous Occurrence) Regulations 2024, S.R. No. 22/2024

Date of Making:	9.4.24
Date of Commencement:	1.7.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 4(a): S.R. No. 53/2007 as amended by S.R. No. 55/2014. ↑
Reg. 4(b): S.R. No. 55/2014.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 23/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5, definition of ***AMBSC Code*** and item 1(b) of Schedule 1 | AMBSC Code Part 1, Issue 8—2012, Copper boilers, published by the Australian Miniature Boiler Safety Committee in 2012<br>AMBSC Code Part 2, Issue 5—2012, Steel boilers, published by the Australian Miniature Boiler Safety Committee in 2012<br>AMBSC Code Part 3, Issue 1—2006, Sub‑Miniature boilers, published by the Australian Miniature Boiler Safety Committee in 2006<br>AMBSC Code Part 4, Issue 1—2010, Duplex steel boilers, published by the Australian Miniature Boiler Safety Committee in 2010 | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5, definitions of ***AS 2030—Gas Cylinders***, ***gas cylinder*** and regulation 45(2)(b)(i) | AS 2030.1-2009, Gas cylinders, Part 1: General requirements, published by Standards Australia in 2009<br>AS 2030.2-1996, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene, published by Standards Australia in 1996, reissued in 2000 incorporating Amendment Nos 1 and 2<br>AS 2030.4-1985, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated, published by Standards Australia in 1985, reissued in May 1999 incorporating Amendment No. 1<br>AS 2030.5-2009, Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders, published by Standards Australia in 2009, reissued in 2015 incorporating Amendment No. 1 | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5, definitions of ***boiler***, ***pressure piping*** and ***pressure vessel***, regulation 45(2)(a) and (b) and item 1(c) of Schedule 1 | AS 4343-2014, Pressure equipment—Hazard levels, published by Standards Australia in 2014 | Section 2 |
| Regulation 5, definitions of ***boiler***, ***pressure piping*** and ***pressure vessel*** | AS/NZS 1200, Pressure equipment, as published by Standards Australia and Standards New Zealand in 2015 | Appendix E |
| Regulation 45(2)b)(ii) | AS/NZS 3509:2009, LP Gas fuel vessels for automotive use, published by Standards Australia and Standards New Zealand in 2009 | The whole |
| Regulation 45(2)(b)(iii) | AS 2971-2007, Serially produced pressure vessels, published by Standards Australia in 2007 | The whole |
| Regulation 45(2)(f) and item 8 of Schedule 1 | AS 3533.1-2009, Amusement rides and devices—Part 1: Design and construction, published by Standards Australia in 2009, reissued in 2011 incorporating Amendment No. 1 | The whole |

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Equipment (Public Safety) Regulations 2017

Plain English Summary

Deep Dive

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Equipment (Public Safety) Regulations 2017

Source text: opening excerpt

1 Equipment (Public Safety) Regulations 2017

Main concepts

Who it affects

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Penalties and enforcement

How it interacts with other laws

Amendment history

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