Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Machinery Act 1949
A1949-11
Republication No 10
Effective: 23 June 2021
Republication date: 23 June 2021
Last amendment made by A2021-12
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Machinery Act 1949 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes
any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Machinery Act 1949
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contents 1
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Australian Capital Territory
Machinery Act 1949
Contents
Page
1 Name of Act 2
2 Dictionary 2
2A Notes 2
3 Chief Inspector of Machinery 2
4 Inspectors of machinery 2
5 Determination of fees 3
7 Regulation-making power 3
Dictionary 5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
Contents
Page
contents 2 Machinery Act 1949
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4 Amendment history 10
5 Earlier republications 11
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page 1
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Australian Capital Territory
Machinery Act 1949
An Act relating to the installation, use, inspection and operation of machinery
Section 1
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1 Name of Act
This Act is the Machinery Act 1949.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3 Chief Inspector of Machinery
The work health and safety commissioner must appoint a public
servant as the Chief Inspector of Machinery.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
4 Inspectors of machinery
(1) The work health and safety commissioner may appoint a person to be
an inspector for this Act.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
(2) The chief inspector is also an inspector.
Section 5
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5 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act 2001 contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
7 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
(2) The regulations may make provision in relation to—
(a) regulating the installation, use and operation of machinery; and
(b) securing the safety of people and property from injury or
damage arising out of the installation, use or operation of
machinery; and
(c) the registration, inspection and testing of machinery; and
(d) requiring licences or certificates to be held for the installation,
use, operation, inspection or testing of machinery, and the
granting, suspension and cancellation of licences and
certificates; and
(e) the precautions to be taken to secure the safety of people
employed at or in relation to machinery; and
(f) the functions (including powers of entry) of the chief inspector
and inspectors; and
(g) prohibiting the employment of anyone younger than the
prescribed age in relation to any prescribed machinery.
Section 7
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(3) The regulations may also prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than 10
penalty units for offences against the regulations.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Executive
• Minister (see s 162)
• work health and safety commissioner.
chief inspector means the Chief Inspector of Machinery under
section 3.
inspector means an inspector under section 4.
machinery includes any machine, boiler, pressure vessel, engine,
motor or source of motive power, and any shaft, belt, gearing, pulley,
flywheel, lift, crane, contrivance or appliance operated by machinery.
Note 1 A definition applies except so far as the contrary intention appears (see
Legislation Act 2001, s 155).
Note 2 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act 2001, s 104).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Machinery
Ordinance 1949 No 11 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before self-government
Machinery Act 1949 A1949-11
notified 13 October 1949 (Cwlth Gaz 1949 No 74)
commenced 13 October 1949 (see Seat of Government
(Administration) Act 1910 (Cwlth), s 12)
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
(as am by Ord 1967-36)
notified 23 December 1966 (Cwlth Gaz 1966 No 109)
commenced 23 December 1966 (see Seat of Government
(Administration) Act 1910 (Cwlth), s 12)
Machinery (Amendment) Ordinance 1983 Ord1983-29
notified 29 September 1983 (Cwlth Gaz 1983 No S226)
commenced 1 October 1983 (s 2)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Endnotes
3 Legislation history
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Legislation after self-government
Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
sch 2 commenced 27 August 1993 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch
pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994
No S293)
Statute Law Revision Act 1995 A1995-46 sch
notified 18 December 1995 (Gaz 1995 No S306)
sch commenced 18 December 1995 (s 2)
Occupational Health and Safety (Amendment) Act 1997 A1997-44
s 10, sch
notified 19 September 1997 (Gaz 1997 No S264)
s 10, sch never commenced and rep 2001 No 11 pt 4.3
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 234
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 234 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.64
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.64 commenced 12 April 2007 (s 2 (1))
Endnotes
Legislation history 3
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Justice and Community Safety Legislation Amendment Act 2009
(No 2) A2009-19 pt 10
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
pt 10 commenced 29 September 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.98
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.98 commenced 1 July 2011 (s 2 (1))
Work Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.7
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.7 commenced 30 April 2020 (s 2 (1) and LA s 79)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.34
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.34 commenced 23 June 2021 (s 2 (1))
Endnotes
4 Amendment history
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4 Amendment history
Name of Act
s 1 sub A2007-3 amdt 3.354
Dictionary
s 2 am A2001-44 amdt 1.2738
defs reloc to dict A2007-3 amdt 3.355
sub A2007-3 amdt 3.356
def this Act om A2001-44 amdt 1.2737
Notes
s 2A ins A2007-3 amdt 3.356
Chief Inspector of Machinery
s 3 om 1993 Act No 44 sch 2
ins A1994-97 sch 1
sub A2007-3 amdt 3.357
(2)-(4) exp 12 April 2008 (s 3 (4) (LA s 88 declaration applies))
am A2011-22 amdt 1.302; A2019-38 amdt 1.14
Inspectors of machinery
s 4 sub 1994 Act No 97 sch 1; A2007-3 amdt 3.357
(3)-(5) exp 12 April 2008 (s 4 (5) (LA s 88 declaration applies))
am A2009-19 s 55; A2011-22 amdt 1.303; A2019-38
amdt 1.15
Power of Minister to determine fees
s 4A ins Ord1983-29
om A2001-44 amdt 1.2739
Fees payable
s 4B ins Ord1983-29
am Ord1989-38 sch 1
om A2001-44 amdt 1.2739 sch 1
Determination of fees
s 5 am Ord1966-19 (as am Ord1967-36); Ord1983-29;
Ord1989-38 sch 1; A1994-81 sch; A1994-97 sch pt 1;
A1995-46 sch
sub A2001-44 amdt 1.2739
Approved forms
s 6 ins A2001-44 amdt 1.2739
am A2007-3 amdt 3.358
om A2021-12 amdt 3.82
Regulation-making power
s 7 ins A2001-44 amdt 1.2739