an act to amend the inspection of scaffolding acts, 1915...

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LABOUR. 371 Schedules. 15 Geo. VI. No. 30, 1951. Inspection of Scaffolding, Etc., Act. (2.) If the holder of a crane-drivers certificate or a hoist-drivers certificate or other certificate fails or omits to deliver to the Board a medical certificate at any time as hereinbefore required, the Board may, by notice in writing to such holder, call upon him to show cause why his certificate should not be cancelled or suspended for such period as the Board may determine, and if after consideration of the representations (if any) made by such holder the Board is satisfied that such certificate should be cancelled or suspended, the Board may cancel or suspend the same for such period as the Board may determine. Such cancellation or suspension shall take effect at such time as the Board shall determine and the Board shall give notice of such cancellation or suspension to such holder. The Board shall in such notice require such holder to deliver to it on or before a day specified in such notice the crane-drivers certificate, hoist-drivers certificate, or other certificate (as the case may be) granted to such holder. An Act to Amend "The Inspection of Scaffolding Acts, 1915 to 1930,in certain particulars. [Assented to 18th October, 1951.] 15 Geo. VI. No. 30. Inspection op Scaffolding acts Amendment Act of 1951. B E it enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:1. This Act may be cited as The Inspection of Short title Scaffolding Acts Amendment Act of 1951,and shall be contraction, read as one with * The Inspection of Scaffolding Acts, 1915 to 1930,herein referred to as the Principal Act. The Principal Act and this Act may be cited Collective collectively as The Inspection of Scaffolding Acts, tltl61915 to 1951.2. Section three of the Principal Act is amended Amendments as follows:, of s3' (a) The definition of the term Gear appearing in that section is repealed and, in lieu of that repealed definition, the following definitions are inserted, namely:Building workIncludes any work in or in Building respect of building, rebuilding, erecting, workre-erecting, constructing, reconstructing, equipping, finishing, altering, repairing, * 6 G. 5 No. 25 and amending Acts.

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LABOUR. 371Schedules.

15 Geo. VI. No. 30, 1951. Inspection of Scaffolding, Etc., Act.

(2.) If the holder of a crane-driver’s certificate or a hoist-driver’s certificate or other certificate fails or omits to deliver to the Board a medical certificate at any time as hereinbefore required, the Board may, by notice in writing to such holder, call upon him to show cause why his certificate should not be cancelled or suspended for such period as the Board may determine, and if after consideration of the representations (if any) made by such holder the Board is satisfied that such certificate should be cancelled or suspended, the Board may cancel or suspend the same for such period as the Board may determine. Such cancellation or suspension shall take effect at such time as the Board shall determine and the Board shall give notice of such cancellation or suspension to such holder. The Board shall in such notice require such holder to deliver to it on or before a day specified in such notice the crane-driver’s certificate, hoist-driver’s certificate, or other certificate (as the case may be) granted to such holder.

An Act to Amend "The Inspection of Scaffolding Acts, 1915 to 1930,” in certain particulars.

[Assented to 18th October, 1951.]

15 Geo. VI. No. 30.

Inspection op Scaffolding

actsAmendment Act of 1951.

BE it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as “ The Inspection of Short title Scaffolding Acts Amendment Act of 1951,” and shall be contraction, read as one with * “ The Inspection of Scaffolding Acts,1915 to 1930,” herein referred to as the Principal Act.

The Principal Act and this Act may be cited Collective collectively as “ The Inspection of Scaffolding Acts, tltl6‘1915 to 1951.”

2. Section three of the Principal Act is amended Amendments as follows:— , of s’3'

(a) The definition of the term “ Gear ” appearing in that section is repealed and, in lieu of that repealed definition, the following definitions are inserted, namely:—

“ “Building work’’—Includes any work in or in Building respect of building, rebuilding, erecting, work‘ re-erecting, constructing, reconstructing, equipping, finishing, altering, repairing,

* 6 G. 5 No. 25 and amending Acts.

372 LABOUR.

Gear.

Minister,

Owner.

Scaffolding.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

adding to, renovating, demolishing, removing, plastering, panelling, lining, decorating, painting, colouring, white washing, papering or cleaning done in relation to a building or other structure whatsoever at or adjacent to the site thereof;

“ Gear ”—Includes any ladder, plank, chain, rope, hook, sling, hanger, yoke, fastening shackle, hoist, stay, brace, block, bracket, pulley, box, grab, trestle, swinging stage, boatswain’s chair, or other moveable contrivance of a like kind used or intended to be used in connection with scaffolding, and any appliance or thing whatsoever used or intended to be used for any purpose instead of scaffolding ; ” ;

(b) The definition of the term “ Minister ” appearing therein is repealed and, in lieu of that repealed definition, the following definition is inserted, namely:—

“ “ Minister ”—The Secretary for Mines and Immigration or other Minister of the Crown charged for the time being with the adminis­tration of this Act; ” ;

(c) The definition of the term “ Owner ” appearing therein is repealed and, in lieu of that repealed definition, the following definition is inserted, namely :—■

“ “ Owner ”—In relation to any scaffolding or to any gear, the owner of that scaffolding or gear and the mortgagee, lessee, hirer, or borrower thereof and any overseer, foreman, agent, manager or other person having the control, charge or management thereof; ” ;

(d) The definition of the term “ Scaffolding ” appearing therein is repealed and, in lieu of that repealed definition, the following definitions are inserted, namely :—

“ “ Scaffolding ”—Any structure, staging, orplatform, set up or used or intended to be set up or used for or in connection with the carrying out of—

(a) Building work;(b) The erection or dismantling of machinery,

plant or equipment;

LABOUR. 373

1951. Inspection of Scaffolding, Etc., Act.

(c) The erection or demolition of stacks of timber, goods or materials,

and includes the supporting structure and gear used in connection with the scaffolding : the term also includes any part of a building or structure and any structural member or members of a building or structure used for or in connection with the carrying out of building work in relation to another part or another structural member or members of the building or structure in question :

Provided that this term does not include mine timbering or any structure erected for or in connection with the carrying out of mine timbering;

“ Supporting structure ”—Any structure, struc- Supporting tural member or foundation (including any8tructure- part of a building or its foundations) subject in any manner to direct or indirect loading as the result of the installation or use of scaffolding;

3. Subsection four of section five of the Principal AmendmentAct is repealed. of s' 5‘

4. Section eight of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following section ang.new is inserted, namely :—

“ [5.] Any inspector may at any time— Powers of(i.) Enter, inspect and examine any place whereInSpector8’

there is or where he has reason to believe there is any scaffolding or gear;

(ii.) Inspect and examine any scaffolding dr gear found upon such entry and the appliances connected therewith or belonging thereto, if any;

(iii.) Call to his aid—(a) Any member of the police force where he

has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties;

(b) Any person he may think competent toassist him in such inspection and examination;

374 LABOUR.

Repeal of and new8. 9.

Occupiers to allow entry and inspection.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

(iv.) Make such examination and inquiry as may be necessary to ascertain whether the pro­visions of this Act have been or are being complied with in respect of any scaffolding or gear, the owner thereof, and the persons employed in connection therewith;

(v.) Question, with respect to matters under this Act, the occupier of any place, the owner of any scaffolding or gear, every person whom he finds in any place, and every person who has been within the preceding six months employed in any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers ;

(vi.) Exercise such other powers and authorities as may be prescribed.”

5. Section nine of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely :—

“ [9.] The occupier of any place wherein or whereon there is any scaffolding or gear and every owner of any scaffolding or gear shall furnish to any inspector all reasonable assistance and all such information which he is capable of furnishing as is required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act in relation to that place or, as the case may be, scaffolding or gear.

Without limit to the foregoing provisions of this section, any and every person in charge or apparently in charge of any building work, the erection or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods, or materials, shall take and do, as directed by an inspector, all such steps and all such things as that inspector may reasonably require that person to do or take in or towards assisting that inspector with respect to the exercise of any of his powers or the discharge of any of his duties under this Act in relation to scaffolding or gear used in relation to that building work or other work as aforesaid, as the case may be.”

LABOUR. 375

1951. Inspection of Scaffolding, Etc., Act.

6. Section ten of the Principal Act is repealed and, ^P^al of in lieu of that repealed section, the following section is s. 10. inserted, namely :—

“ [10.] A person shall not— . obstructing(i.) Assault, resist, or obstruct an inspector in inspector,

the exercise of his powers or in the discharge &c- of his duties under this Act, or attempt so to do ; or

(ii.) Fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or

(iii.) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or

(iv.) When required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or

(v.) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or

(vi.) Use any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning.

Provided that no person shall be required under this section or under section eight section nine or section fifteen of this Act to answer any question, or give any information or evidence tending to criminate himself.

Jn this section the term “ inspector ” includes any person acting under lawful authority under or pursuant to this Act.”

7. Section eleven of the Principal Act is amejnded—Amendments

(a) By renumbering that section as subsection oneof section eleven. '

(b) By adding to that section as so renumbered the following subsection, namely :—

“ (2.) Any person who, without the prior approval in writing of the Chief Inspector makes, sells, lets or hires—

(a) Any scaffolding ; or

376 LABOUR.

Repeal of and new s. 12.

Power of inspector to give directions with respect toscaffolding.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

(b) Any gear,which is not of a description prescribed by the regulations shall be guilty of an offence against this Act.”

8* Section twelve of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely :—

“ [22.] (1.) Where it appears to an inspector—(а) That the use of any scaffolding or gear,

including any scaffolding or gear in the course of erection, would be so dangerous as to be likely to cause loss of life or bodily injury to any person; or

(б) That with respect to any scaffolding or gear,including any scaffolding or gear in the course of erection, or the use or erection thereof this Act is not being complied with in every respect, •

that inspector may give to the owner of that scaffolding or gear a notice in writing to that effect and that notice may require the owner to take and do with respect to that scaffolding or gear, or the erection or use thereof all such steps and things as the inspector thinks necessary for the prevention of accidents or, as the case may require, compliance in every respect with this Act.

(2.) A person to whom such a notice has been given shall comply in every respect with the requirements of that notice.

(3.) An inspector may in a notice under this section or, at any later time, in writing order that the scaffolding or gear the subject of the notice be not used until the requirements of the notice shall have been complied with in every respect.

A person shall not use or permit or allow to be used any scaffolding or gear at any time when the use of that scaffolding or gear is prohibited by order of an inspector under this section.

An inspector may at any time revoke an order as aforesaid made by him.

In this subsection the term “ person ” includes as well as the owner, every other person who knows that the use of the scaffolding or gear in question is prohibited as aforesaid.”

LABOUR. 377

1951. Inspection of Scaffolding, Etc., Act.

9. The following section is inserted after section New s. 12atwelve of the Principal Act, namely :— inserted.

“ [22a.] (2.) If an inspector is of opinion that any scaffolding or gear or any part of any scaffolding or with respect gear is, by reason of dry rot, knots, shakes, cracks,40 defective fractures, breakage, splicing by way of repair, or other or gear, defect whatsoever likely to cause loss of life or bodily injury to any person, that inspector may—

(a) Seize ; or(b) In writing, order the owner thereof to destroy,

the scaffolding, gear, or part of scaffolding or gear in question.

(2.) If, in the opinion of an inspector, any scaffolding ' or gear or any part of any scaffolding or gear which (or not being of a description prescribed by the regulations) has not been approved by the Chief Inspector is unsafe, that inspector may seize the scaffolding, gear, or part of scaffolding or gear in question.

(3.) Anything seized under this section shall be deemed to be forfeited to His Majesty and shall be dealt with as directed by the Chief Inspector.

(2.) Any and every owner shall comply in every respect with an order given to him under this section.”

10. Section thirteen of the Principal Act is amended— Amendment(a) By repealing the words “ on any building ° 8‘ ‘

exceeding one story high ” where those words appear in subsection one and in subsection two of that section andby inserting, in lieu of those repealed words, the words “ for use in connection with any building work, the erection or dismantling of machinery, plant or equipment, or the erection or demolition of stacks of timber, goods or materials, exceeding, in the case of a wooden dwelling- house, one story high or exceeding, in any other case, fourteen feet high ” ;

(b) By repealing subsection three thereof and by inserting, in lieu of that repealed subsection, the following subsection, namely :—

“ (3.) An owner or other person whomsoever who does not himself hold a license under this Act as a scaffolder shall not— •

(a) Require the person licensed under this Act as a scaffolder who is in charge of the erection or demolition of any scaffolding specified

378 LABOUR.

Repeal of and new s. 14.

General liability of owner.

Amendment of s. 15.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

in this section, to do or to refrain from doing with respect to that scaffolding or the erection or demolition thereof any act, matter or thing which in the opinion of that licensed person, would, in relation to that scaffolding, be unlawful under this Act; or

(b) At any time when any scaffolding specified in this section remains erected or is in use do, or permit or allow to be done with respect to that scaffolding or any of its structural members any act, matter or thing whereby the construction of that scaffolding as originally erected is altered, interfered with or affected in any way whatsoever.”

11. Section fourteen of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely:—

“ [-74.] Every owner of scaffolding or gear—(a) Shall at all times keep, erect, and use that

scaffolding or gear in compliance in every respect with the requirements of this Act; and

(b) Shall comply in every respect with anylawful order or request made by any inspector with respect to that scaffolding or gear.”

12. Section fifteen of the Principal Act is amended—(а) By inserting, after the word “ scaffolding ”

where that word appears thrice in that subsection, the words “ or gear ” ;

(б) By adding to that section the following subsection, namely :—

“ (3.) Any inspector may make such inquiry as he deems necessary, and shall make such inquiry as may be directed by the Chief Inspector, with respect to an accident as aforesaid.

Every person thereunto required by an inspector shall give to that inspector all such information with respect to an accident as aforesaid as it is in his power to so give and shall answer all relevant questions con­cerning the accident put to him by the inspector.

A person shall not give to an inspector any such information or answer which is false or misleading in a material particular.” •

LABOUR. 379

1951. Inspection of Scaffolding, Etc., Act.

13. Subsection one of section sixteen of t'he Principal Act is amended by inserting, after the word0 s' '“ scaffolding ”, where that word appears twice therein,the words “ or gear

14. Section eighteen of the Principal Act is amended Amendment by inserting, after the word “scaffolding” the words ofsl8‘“ or gear

15. Section nineteen of the Principal Act is amended Amendment by inserting, after the word “scaffolding”, the words ofs19'“ or gear ”.

16. Section twenty of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following section ^2onew is inserted, namely

“ \20.~\ (1.) A notice, order or other document service of empowered, authorised or required by a provision Ofdoouments- this Act to be served upon, or given or delivered to, an owner, occupier or other person by the Chief Inspector or any other inspector may be so given, delivered or served—

(a) By delivering the same to that owner, occupier, or other person (or his manager, foreman or agent) personally;

(b) By prepaid post letter containing that notice,order or other document and addressed to that owner or occupier or person at his business or residential address, in which case it shall be deemed to be so served, given or delivered upon the receipt by that person of that letter;

(c) By prepaid registered letter containing thatnotice, order or other document and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post; or

(d) By affixing that notice, order or otherdocument to the door or some other conspicuous part of the place, or as the case may be, scaffolding or gear to which it relates.

380 LABOUR.

Repeal of and new s. 21.

Forgery of certificates or licenses, false entries, and false declarations.

Repeal of s. 22.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

(2.) An owner or his manager, foreman or agent shall, if thereunto required by an inspector, acknowledge, by signing a duplicate copy thereof, a notice, order or other document under this Act requiring that owner to do or to refrain from doing any act, work or thing relating to any scaffolding or gear and served upon, or given or delivered to that owner by that inspector.”

17. Section twenty-one of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely:—

“ \21A (1.) A person shall not—(i.) Forge or counterfeit any certificate or license

required by, under, or for any purpose of this Act; or

(ii.) Knowingly utter or make use of any such certificate or license so forged or counterfeited; or

(iii.) Knowingly utter or make use of as applying to any person any such certificate or license which does not so apply; or

(iv.) Personate any person named in any such certificate or license ; or

(v.) Falsely pretend to be an inspector; or(vi.) Connive at any such forging, counterfeiting,

uttering, making use, personating, orpretending as aforesaid; or

(vii.) Make a false entry in any register, book, record, notice, list, certificate, license, or document required by, under, or for the purposes of this Act to be kept, held, exhibited, or delivered, served, or sent; or

(viii.) Make or sign a false declaration required by, under, or for any purpose of this Act; or

(ix.) Knowingly make use of any such false entry or declaration as aforesaid.

(2.) Any person guilty of an offence against this section shall be liable to a penalty of not more than one hundred pounds or to imprisonment, with or without hard labour, for any period not exceeding six months.”

18. Section twenty-two of the Principal Act is repealed.

LABOUR. 381

1951. Inspection of Scaffolding, Etc., Act.

19. Section twenty-four of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely :—

“ \24.~\ (1.) Where, with respect to any scaffolding or gear, an act, matter or thing required by a provision of this Act to be done is omitted to be done or an act, matter or thing the doing of which is prohibited by a provision of this Act is done, then the owner shall be deemed to have omitted to do the act, matter or thing so required to be done or, as the case may be, to have done the act, matter or thing so prohibited from being done, and shall be liable to be charged and, upon conviction, punished therefor as an offence by him under this Act except in the case of such a provision which specifies that some person other than the owner is thereby required or prohibited as aforesaid :

Provided that where an offence under this Act with respect to scaffolding or gear is committed under such circumstances that any owner under and within the meaning of this Act of that scaffolding or gear did not know, and could not by the exercise of due diligence have known, of the commission thereof, then that owner shall not be liable to be punished for that offence unless when it was committed the scaffolding or gear in question was under his immediate power and control or unless that owner is liable under subsection two or subsection three of this section :

Provided further that a lessor, hirer, lender, or mortgagee of any scaffolding or gear shall not be liable to be punished for an offence under this Act with respect to that scaffolding or gear unless when that offence was committed he was in actual possession of that scaffolding or gear or it was under his immediate power or control, or unless he is liable under subsection three of this section.

The term “ immediate power or control ” means, in relation to any of the persons specified in the foregoing provisoes to this subsection, that the scaffolding or gear in question was at the relevant time being worked or used by that person personally, or by any of his agents, employees or workmen, or by another person or other persons under his orders or directions and for his sole or joint benefit or profit.

(2.) Nothing in this section shall exempt or be deemed to exempt any body corporate from liability under this Act by reason only that any scaffolding or

Repeal of and new s. 24.

Liabilities of owners.

382 LABOUR.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

Repeal of and new s. 25.

Offences.

Generalpenalty.

gear is under the control of any directors, secretary, manager, or other person elected or employed by that body corporate for the benefit of or on behalf of that body.

(3.) Nothing in this section shall exempt or be deemed to exempt from any liability under this Act with respect thereto any owner of scaffolding or gear used or worked (whether by that owner or by any other person whomsoever) in or for any purpose of carrying out any building work, the erection or dismantling of machinery, plant, or equipment, or the erection or demolition of stacks of timber, goods, or materials which that owner shall have contracted to do.

For the purposes of this Act any person who shall have contracted to carry out any building work, or the erection or dismantling of any machinery, plant, or equipment, or the erection or demolition of any stacks of timber, goods, or materials and who owns or who shall have supplied any of the materials or things comprised in any scaffolding used in or for any purpose of carrying out that which he has contracted to do shall be deemed to own that scaffolding and, with respect thereto, shall be subject to any and every liability imposed by this Act upon an “ owner ” of scaffolding.

(4.) Where a contravention of or failure to comply with a provision of this Act for which an owner or occupier is liable under that provision or under a provision of this section is in fact the act or omission of some agent, employee, worker or other person, that owner or occupier shall, notwithstanding any instruction or limitation of authority be deemed to have committed that offence and shall be liable accordingly:

Provided that nothing in this subsection shall limit or affect the liability of the person who actually committed the offence.”

20* Section twenty-five of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted, namely :—

“ [25.] (1.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence.

(2.) Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, to a penalty not exceeding fifty pounds.

LABOUR. 383

1951. Inspection of Scaffolding, Etc., Act.

If default in complying with any lawful order of an inspector under this Act is continued by any person who has been convicted of the offence of failing to comply with that order, that person shall be deemed to commit a continuing offence, and shall be liable to a penalty of not more than five pounds for each and every day during which that offence is continued.

(3.) All offences against this Act may be prosecuted summary and all amounts of fees payable under this Act and notproceedmgs' paid may be recovered in a summary way under *“ The Justices Acts, 1886 to 1949,” on complaint by any person authorised by the Minister or by the Chief Inspector.

(4.) A prosecution for an offence against this ActTime fbr may be instituted at any time within twelve months meXof ee" after the commission of the offence or within four months prosecutions, after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(5.) Upon convicting any owner for an offence under this Act in relation to any scaffolding or gear, the adjudicating court may order that scaffolding or gear to be forfeited to His Majesty.

Scaffolding or gear forfeited to His Majesty by order as aforesaid shall be dealt with as prescribed or, in so far as not prescribed, directed by the Chief Inspector.

(6.) In any proceeding on a complaint any order which the court is empowered to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act.”

21. Section 25a of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following sections “«}5a?w are inserted, namely :—

“ [25a.] (1.) Where the owner of any scaffolding or Rower of gear is convicted of an offence under this Act, the court ^gg may, in addition to or instead of inflicting a penalty, of contra- order him, within the time specified in the order, to take beremedied. such steps as may be so specified for remedying the matters in respect of which the contravention occurred, < and may, on application, enlarge the time so specified.

(2.) Where such an order is made, the owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the

*50 Y. No. 17 and amending Acts.

384 LABOUR.

Inspection of Scaffolding, Etc., Act. 15 Geo. VI. No. 30,

Fees to be alsorecoverable by action as for a debt.

court, but if, after the expiration of the time as originally specified or enlarged by subsequent order, the order is not complied with, the owner shall be liable to a fine not exceeding five pounds for each day on which the non-compliance continues.

(3.) The power of the court under this section shall include power to adjourn the matter of the punishment to be imposed for the offence until the expiration of the time or any enlargement of the time specified in an order made under this section but in that event the offender shall not be punished if he shall have duly complied with that order.

[25b.] Any amount of fees payable under this Act and not paid shall be recoverable by the Chief Inspector or by a person authorised by the Minister by action (in his official name, or, as the case may be, in the name of that authorised person), as for a debt in any court of competent jurisdiction.

The remedies for the recovery of amounts of fees payable under this Act and not paid provided by this section and by section twenty-five of this Act shall be alternative and neither such remedy shall prejudice or otherwise affect the other excepting that resort shall not be had to both those remedies in respect of any one and the same amount of fees.

Jurisdiction [25c.] Proceedings in a summary way under * “ The “oceedings Justices Acts, 1886 to 1949,” or by way of an action as for the n for a debt as prescribed by this Act to recover the amount recovery of Qf any fees payable under this Act and not paid may be ees' taken, heard and determined by a court of petty sessions

at Brisbane or within the petty sessions district within or within twenty miles of the boundaries whereof the inspection or other service with respect to which that amount became so payable was made or done or, in the case of an action as aforesaid, before a court competent to hear and determine such an action either at Brisbane or in respect of the place where the inspection or other service with respect to which that amount became payable was made or done.”

Amendments 22. Section twenty-six of the Principal Act is ofs. 26. amended by inserting, after the word “scaffolding”,

where that word appears in paragraph (i.) and in paragraph (ii.) of that section, the words “ or gear ”.

* 50 V. No. 17 and amending Acts.

LABOUR. 385

1951. Inspection of Scaffolding, Etc., Act.

23. Section twenty-seven of the Principal Act is^e“dment amended as follows :— ’ ’

(а) Subparagraph (iii.) of the first paragraph thereof is repealed and, in lieu of that repealed subparagraph, the following subparagraph is inserted, namely:—

“ (iii.) Providing for, regulating and controlling the construction of scaffolding or gear or any type of scaffolding or gear ; prescribing, providing for, regulating and controlling the manner in which scaffolding or gear or any type of scaffolding or gear shall be set up, built, maintained and used; providing for, regulating and controlling the construction, placing and use of swinging stages, boatswains’ chairs, scaffolds, gantries and gear so as to

, ensure safety; requiring written notice tobe given to the inspector before the erection of scaffolding or gear; and prescribing the information to be given to an inspector with respect to the costs (including the estimated, interim and total final costs) of work in connection with which or any part of which scaffolding or gear is used and the manner and time of giving that information or any of it;

(б) Subparagraph (vi.) of the first paragraph thereof is repealed and, in lieu of that repealed subparagraph, the following subparagraphs are inserted, namely:—

“ (vi.) Prescribing, regulating and controlling Safety where the precautions and measures to be taken brittle1f for securing the safety of persons where material, the roof of any building or structure, whether constructed or in course of construction, is, or is intended to be, sheathed with asbestos cement or other brittle material;

(viA.) Prescribing, regulating and controlling the Safety where precautions and measures to be taken for weakened, securing the safety of persons where) any building or structure has been damaged or otherwise adversely affected by fire, flood, storm, tempest or other act of God, or where any building or other structure is, whether temporarily or permanently, weakenejd or otherwise adversely affected, by any building operation. ” ;

N

386 LABOUR.

Labour and Industry, Etc., Act. 1 Eliz. II. No. 17,

(c) The second paragraph of the said section is amended by repealing the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ fifty pounds.”

(d) The following paragraph is inserted after the second paragraph of the said section, namely:—

“ Different regulations may be made with respect to different types of scaffolding or gear.”

1 Eliz. II. No. 17.

The Labour and

IndustryAct

Amendment Act of 1952.

An Act to Amend “ The Labour and Industry Act of 1946 ” in certain particulars.

[Assented to 22nd April, 1952.]

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­

lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:—

Short title 1. This Act may be cited as “ The Labour andand . Industry Act Amendment Act of 1952 ” and shall be readconstruction. ag ^ with * „ ^ Lab(mr and Industry Act of 1946,”

herein referred to as the Principal Act.Collective The Principal Act and this Act may be citedtitle. collectively as “ The Labour and Industry Acts, 1946 to

1952.”Abolition of office of “ Director of the Bureau of Industry and Under Secretary, Department of Labour andIndustry ", &c.

2. The passing of this Act and without any further or other authority being required shall—

(i.) Abolish the office of “ Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry ” created and so designated by the Principal Act;

(ii.) Create two separate offices designated respectively “ Under Secretary, Department of Labour and Industry ” and “ Director of the Bureau of Industry ” ; and

(iii.) Subject to f “ The Public Service Acts, 1922 to 1950,” and the regulations thereunder, appoint the person who from time to time occupies the office or performs the functions and duties of Under Secretary, Department of Labour and Industry to be the permanent head of that Department for the purposes of those Acts.

* 11 G. 6 No. 20.f 13 G. 5 No. 31 and amending Acts.