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] 958. Boilers Inspection. No. 6209 321

No. 6209.

BOILERS INSPECTION ACT 1958.

An Act to consolidate the Law relating to the Inspection and Regulation of Boilers.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Boilers Inspection Act 1958, short title and shall come into operation on a day to be fixed by proclamation mmaSSem. of the Governor in Council published in the Government Gazette.

2. (1) The Acts mentioned in the First Schedule to the extent Repeal. thereby expressed to be repealed are hereby repealed accordingly. FI«*

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not

1 disturb the continuity of status operation or effect

322 1958. Boilers Inspection. N a 6209

of any regulation order application appointment registration inspection certificate record permission exemption arbitration proceeding notice liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

Interpretation of terras. No. 3645 s. 3; No. 4739 S. 2. No. 5975 s. 2 (2) (a) (b).

"Air receiver." "Gas receiver."

' Boiler."

" Inspector.'*

' Owner.*

" Steam boiler."

" Chief inspector.'

3. In this Act unless inconsistent with the context or subject-matter—

" Air receiver " or " Gas receiver " means any closed vessel in which air or gas (as the case may be) is held under pressure greater than thirty pounds to the square inch above atmospheric pressure.

" Boiler" includes steam boiler, air receiver, and gas receiver.

" Inspector " means an inspector of boilers and pressure: vessels appointed under this Act or any corresponding previous enactment.

" Owner " includes the mortgagee in possession and lessee of any boiler.

" Premises " means any yard place house or building and any farm paddock field road place punt raft hulk lighter vessel or structure in or on which a boiler is kept and used.

" Steam boiler" means any closed vessel used for generating or holding steam under pressure greater than atmospheric pressure, and includes a digester.

" Chief Inspector" means a boilermaker possessed ol: theoretical knowledge of boilermaking or a practice i engineer possessed of theoretical knowledge of: boilermaking appointed as Chief Inspector of Boilers, and Pressure Vessels by the Governor in Council.

Application of Act. No. 3645 s. 4; No. 4739 s. 3 (a) , (*) . No. 4878 s. 11 (2) . No. 5396 s. 10 (3) .

See Government Gazette 17th May, 1933. p. 1406.

Non-application of Act.

4. (1) All the provisions of this Act shall have full force and effect within every city town borough and shire.

(2) This Act shall not apply to—

(a) any boiler used exclusively for domestic purposes in & private house; or

1958. Boilers Inspection. No. 6209 323

(b) any boiler under the supervision of the Victorian Railways Commissioners or the Melbourne Harbor Trust Commissioners, or the Geelong Harbor Trust Commissioners; or

(c) to boilers on board steam-ships; or (d) to steam boilers of not more than five horse-power or

which have not more than fifty square feet of heating surface used for driving cream separators milking machines pumps chaff-cutters firewood-saws or for heating purposes in dairies, or used for extracting honey or for heating purposes in buildings in which honey is extracted; or

(e) to new boilers awaiting sale and which have already been awarded a certificate in the form or to the effect in the Fourth Schedule to this Act with any | ^ ^ , e necessary modifications.

(3) The Governor in Council may at any time by Order Power to published in the Government Gazette exempt from the operation exempt' of this Act for such time as he thinks fit any particular boiler or any particular class of boilers or any boilers which are used exclusively in any particular trade or business, and may also exempt any particular steam boiler or any particular class of steam boilers from the provision of this Act requiring two safety valves, and may in lieu of such requirement direct that a particular kind of safety valve shall be provided in the case of such steam boiler or class of steam boilers so exempted.

Board of Reference and Inspectors. 5. (1) For the purposes of this Act there shall be a Board of fS'ereSL.

Reference. No. 3645 S. 5; No. 5975 s. 2.

(2) The Board of Reference shall consist of— (a) the Chief Inspector (who shall be chairman); (b) the person for the time being occupying the Chair

of Mechanical Engineering in the University of Melbourne; and

(c) a person appointed by the Governor in Council to represent the Institution of Engineers, Australia.

(3) The members of the Board shall be paid such fees and travelling allowances as are prescribed.

(4) Subject to any regulations made under this Act the Board may regulate its own proceedings.

6. (1) The Board shall conduct examinations of persons Examinations desirous of qualifying for certificates of competency as welders weufeis.1,

of boilers and may grant certificates of competency to persons NO. 3645 S. 6: who successfully pass the prescribed examinations. NO. 5975 s. 2.

324 1958. Boilers Inspection. No . 6209

(2 ) The Board may appoint any competent person including any member of the Board to conduct practical examinations of candidates for certificates of competency as boiler welders.

Examinations ( 3 ) T n e Board shall also hold examinations of persons inspectors. desirous of qualifying as inspectors of boilers and pressure vessels

under this Act and may grant certificates of competency to persons who successfully pass the prescribed examinations.

Appointment 7 . Subject to the Public Service Act 1958 one or more persons inspectors, who have passed the examination for boiler inspectors under this No. 3645 s. 7; Act may be appointed to be inspectors of boilers and pressure

vessels. No. 5975 s. Z

Inspector's certificate of appointment. No. 3645 s. 8; No. 5975 s. 2 (2) (c) .

8. Every inspector shall be furnished with a certificate under the hand of the Minister of his appointment as an inspector of boilers and pressure vessels, and on his entering upon any premises in pursuance of this Act he shall if required produce such certificate to the occupier of such premises.

Penalty for forging certificate or pretending to be an inspector-. No. 3645 s. 9.

9. Every person who forges any such certificate or makes use of any forged or false certificate or who falsely pretends to be an inspector under this Act shall for every such offence be liable to a penalty of not more than Fifty pounds.

Registration of Boilers.

Owners of boilers to send notice to Chief Inspector.

No. 3645 s. 11. Second Schedule.

10 . ( 1 ) Any person who has become or who becomes the owner of a boiler shall within one month after he becomes such owner send to the Chief Inspector a notice in the form or to the effect set out in the Second Schedule to this Act.

( 2 ) Every person making default in giving any such notice as required by this section shall be liable to a penalty of not more than Ten pounds.

Register of boilers to be kept. No. 3645 s. 12.

Copy of entry.

1 1 . ( 1 ) On the receipt of such notice as to any boiler the Chief Inspector shall register such boiler in a register to be kept for that purpose in the office of the Chief Inspector. In such register may also be entered any of the particulars contained in such notice together with such other particulars as are from time to time deemed necessary by the Minister.

( 2 ) Upon payment of a fee of Two shillings and sixpence the owner of any boiler shall be entitled to a copy of an entry in such register relating to any boiler owned by him.


Inspection of Boilers.

12. All boilers shall be inspected by an inspector at least once ggj|«™e£ be-

every year or oftener as occasion requires. NO. 3645 s.«.

13 . (1 ) On the first inspection of any boiler, the inspector »£«>"» of shall make and keep a complete record of all particulars which 3«=s

tion of

are necessary to ascertain the state and condition of such boiler. ^ ^ 5 s. 14.-

(2 ) Such record shall contain particulars respecting— record!48 of

(a) the age and construction of such boiler;

(b) the name of the maker (if known);

(c) the pressure which such boiler is calculated to sustain;

(d) the working pressure allowed;

(e) matters concerning which particulars are required by regulations; and

(/) generally the state and condition of the boiler and of all appliances used in connexion therewith and the fitness thereof for the particular purpose for which such appliances are required.

14. (1) On each subsequent occasion on which he inspects a Procedure on

boiler, the inspector shall carefully make a comparison with such S^SSSf particulars as aforesaid and shall record any changes which have No. 3645 s. is. occurred since the previous inspection.

(2) If any change or alteration has been made in such boiler or any repairs effected thereto, he shall record the same in such manner as may be directed by the Minister.

(3) If no change or no material change has occurred in the state and condition of such boiler, he shall in manner aforesaid record the fact that no such change or material change has occurred.

15. For the inspection of a boiler for the purpose of the Fees for granting of a certificate under the provisions of this Act there shall ^ " ^ j 1 1 ' 1S be paid by the owner of such boiler to the inspector and before the °' "' grant of such certificate as in this Act provided the fees prescribed by regulations made under this Act. The inspector shall give the owner a receipt in the prescribed form for the payment of the said fees.

326 1958. Boilers Inspection. No. 6209

SSpLtor ***' Whenever an inspector has inspected a boiler and is to give satisfied that the same is in good repair and may be safely used for bS?e"a the purpose for which it is then used, he shall give the owner inspection, written permission to use the boiler for twenty-eight days from No. 3645 s. n. the date of such permission and shall report to the Chief Inspector

accordingly who shall thereupon and after receiving from the owner the receipt given by the inspector for the payment of the fees cause to be granted and issued to the owner thereof a

schedule. certificate in the form or to the effect in the Third Schedule to this Act.

Certificate of Inspection. 17. (1) The owner after receiving a certificate in the form

or to the effect in the Third Schedule to this Act shall cause to be affixed in a frame on some conspicuous part of such boiler as is approved by the inspector a ticket or label protected by a transparent covering bearing the words set forth in the Fourth Schedule to this Act; and such ticket or label shall be supplied to such owner by the inspector.

(2) Every person who causes such ticket or label to be affixed without having obtained such certificate as aforesaid, and every owner of such boiler who neglects to keep any such ticket or label so affixed so long as any certificate granted in respect thereof remains in force or alters such ticket or label or keeps the same so affixed when any such certificate has ceased to be in force, shall be liable to a penalty of not more than Fifty pounds.

18. (1) The certificate granted to the owner of a boiler shall be exhibited in some conspicuous place to be determined by the inspector where it can be seen by all persons working at or with such boiler, and every person neglecting so to exhibit such certificate shall be liable to a penalty of not more than Twenty pounds.

(2) In any proceedings under this section for neglecting to exhibit the certificate it shall be sufficient defence if the defendant satisfies the court—

(o) that owing to the size of the boiler the locality where it was working or other sufficient cause there was no conspicuous place in which the certificate could reasonably be affixed; and also

(b) that at all reasonable times he kept the certificate available for inspection by all persons working at or with the boiler and also by an inspector and by all members of the police force.

Boiler to have ticket or label affixed bearing certain words. No. 3645 s. 18. Third Schedule. Fourth Schedule.

Certificate to be exhibited in conspicuous place. No. 3645 s. 19.

3 958. Boilers Inspection. No. 6209 327

19. The certificate granted to the owner of a boiler shall gjggj™^0' remain in force for any period the inspector thinks fit not exceeding ot boilers3

twelve months, and such period shall be stated on the certificate. N°- ws-20-

20. (1) No certificate shall have any force or effect if after certificate of inspection and without the approval of the inspector any material boiler altered

alteration or addition has been made in or to the boiler mentioned approval. i n such certificate. No. 3645 s. 21.

( 2 ) T h e Chief Inspector shall have power to cancel or suspend o^utillnSon any certificate in any such case where he deems it necessary so of ccrt'flcate-to do for the purpose of giving due effect to this Act.

2 1 . No certificate shall be deemed to be granted until it has when been actually received by the grantee, deemed to be

granted. No. 3645 s. 22.

Powers and Duties of Inspectors.

22 . ( 1 ) Every inspector may enter any premises where a Powers and boiler is in use or is kept for the purpose of ascertaining whether Inspectors. t he provisions of this Act have been complied with. Such entry No. 3645 s. 23; may be made at any time of the day, or at any time of the night w . If the boiler is used at night.

(2) The owner of every boiler his agents or servants shall furnish the means required by an inspector for an entry inspection examination and inquiry or the exercise of his powers under this Act.

( 3 ) Every person who wilfully delays an inspector in the exercise of any power under this Act or who fails to answer any question put to him under the powers conferred by this Act o r who fails to produce any certificate or document which he is required by or in pursuance of this Act to produce or who conceals or prevents any person from appearing before or being examined by an inspector or attempts to so conceal or prevent •a person shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(4) No person shall be required under this section to answer any question or to give any evidence tending in his opinion to criminate himself.

( 5 ) Every person who obstructs an inspector in the execution of his duties under this Act shall be liable to a penalty of not more than Twenty pounds.


Notice of 2 3 . (1) Any inspector who intends to inspect a boiler shall U1SDCCUOD OF

boners. give the owner thereof at least twenty-eight days ' notice of the N°: 47391:34: time a t which any internal inspection will be made , but unless <<o. (/)• danger is probable an internal inspection may be postponed for a

period not exceeding three months on the owner showing to the satisfaction of the Chief Inspector that such inspection would greatly inconvenience his work.

Duty ot ( 2 ) The owner or person in charge of a boiler so to be owner or • / j i 11 person in inspected shal l— charge.

(a) afford to the inspector all reasonable facilities for such inspection and all such information as is reasonably required by him and shall if required by the inspector sign a declaration verifying the information so required;

(b) previously arrange that at the time of any internal inspection—

(i) the boiler shall be empty and cool and shall have been cleaned inside and outside;

(ii) blow off and other cocks shall have been cleared for the purpose of examination; and

(iii) (in the case of a steam boiler) fire flues shall have been swept and fire-bars and fire-bridges shall have been removed;

(c) if required by the inspector cause any brickwork or masonry in contact with the boiler to be removed; and

(d) during any internal inspection keep the boiler effectively diconnected from any steam or hot water communication or (as the case may be) air or gas communication with any other boiler; this provision as to disconnexion shall extend to every case wherein a person is sent or with the owner's consent goes into a boiler for any purpose connected therewith.

PenaIty. ( 3 ) Every person who is guilty of a contravention of any of the provisions of this section or who wilfully impedes an inspector in the execution of any par t of his duty under this Act shall be liable to a penalty of not more than Twenty pounds.

Powers of 2 4 . ( 1 ) If upon any inspection it appears to an inspector— unsaleboutVs1 (a) that any boiler (being a steam boiler) is not provided *"• wi th— No. 3643 s. 26; W l l U

(ft).4739*"3 (i) a proper steam gauge;


(ii) two water gauges or one water gauge and three test cocks;

(iii) two proper safety valves, one to be covered over and locked and the key kept in the possession of the manager or owner; and

(iv) other proper appurtenances fittings and connexions; or

(b) that any boiler (being an air receiver or a gas receiver) is not provided with—

(i) a proper safety valve; (ii) a proper pressure gauge; and

(iii) other proper appurtenances fittings and connexions; or

(c) that it would be dangerous to life or property if any boiler were to be used in its then state—

such inspector shall give to the owner of such boiler a notice in the form or to the effect set forth in the Fifth Schedule to this Fifth

(2) Such notice may either require such owner—

(a)' not to use the boiler until certain alterations to be stated in the notice have been effected; or

(b) not to use the boiler except below a pressure to be stated in such notice until alterations to be mentioned in such notice have been effected.

(3) Every person to or upon whom any such notice has been delivered or served as herein provided who continues to work or use such boiler contrary to the requirements of such notice shall be liable to a penalty of not more than One hundred pounds.

25. At any time within seven days after the owner of a boiler has received a notice as prescribed in the Fifth Schedule to this Act unless such notice relates only to the provision of a safety valve or steam water or pressure gauge or test cocks as required by this Act such owner may make a written application to the inspector who signed such notice requiring that the state of the boiler in respect of which such notice has been given may be submitted to arbitration; thereupon arbitrators two of whom shall be skilled in the manufacture and working of boilers shall be appointed as herein provided and the following provisions shall have effect:—

(a) One arbitrator shall be appointed by the owner and such arbitrator shall be named in such written

Provision for arbitration. No. 3645 s. 27; No. 4739 s. 3 (0. Fifth Schedule.

1958. Boilers Inspection. No. 6209

application and another arbitrator shall be appointed by the Chief Inspector forthwith after he has received such application;

(Z>) The arbitrators shall proceed to examine the boiler alleged to be dangerous within fourteen days of the appointment of an arbitrator by the Chief Inspector;

(c) If the arbitrators so appointed do not agree in opinion the said arbitrators shall choose a third arbitrator or if such third arbitrator is not so chosen within seven days after a request made by one arbitrator in writing under his hand addressed to the other arbitrator then the Minister shall appoint some person to be the third arbitrator;

(d) If the said arbitrators or any two of them sign an opinion in writing addressed to the Chief Inspector that such repairs alterations or precautions as are mentioned in the notice aforesaid are unnecessary, the Chief Inspector on receipt of the same shall cancel the said notice;

(e) If the decision of the said arbitrators is that such repairs alterations or precautions are unnecessary, the expenses of such reference shall be paid as other expenses under this Act;

(/) If the decision of the said arbitrators is that such repairs alterations or precautions are necessary, then the expenses of the reference shall be paid by the owner and shall by any person authorized in writing by the Minister be recoverable in a summary manner before a court of petty sessions;

(g) If the decision of the said arbitrators is that some of such repairs alterations or precautions are necessary and some unnecessary the Minister may fix what portion (if any) of the expenses of the reference be paid by the owner and what portion (if any) shall be paid as other expenses under this Act and such first-mentioned portion shall by any person authorized in writing by the Minister be recoverable in a summary manner before a court of petty sessions; and

(h) The Minister may fix the expenses of any reference to arbitration or the portion aforesaid of such expenses to be paid by the owner at any sum he considers fair and just and a writing signed by the Minister and purporting to fix such sum shall be received as conclusive evidence of the facts stated therein.


certificate. No. 3645 8.28.

Necessity for Certificate.

26. (1) Except with the permission of an inspector for owner not to twenty-eight days as hereinbefore provided and subject to the without a provisos in sub-section (2) of this section it shall not be lawful ~~~" for the owner of any boiler—

(a) to use such boiler, if it was not in use before the first day of March One thousand nine hundred and seven, unless a certificate has been duly granted in respect thereof in the manner hereinbefore provided; or

(b) to continue to use such boiler or to permit the use of such boiler after it has been inspected as in this Act provided unless a certificate has been duly granted in respect thereof in the manner hereinbefore provided; or

(c) to continue to use such boiler or to permit the use thereof to be continued after the period for which any such certificate has been granted has expired; or

(d) to work such boiler or to permit the same to be worked at a higher pressure than that allowed by such certificate.

(2) Provided that—

(a) in the case of a boiler in respect of which no certificate ^wv,ffu

as,°

has been previously granted the inspector if he is unable to recommend the issue of a certificate at once may grant to the owner within forty-eight hours next after his inspection of the boiler a provisional order in writing specifying the pressure at which such boiler may in his opinion pending the issue or refusal of a certificate be worked, and it shall be lawful for the owner to work the boiler in accordance with such provisional order until a certificate in respect thereof has been granted or refused;

(b) the owner of a boiler who holds in respect thereof a Proviso as to certificate as required by sub-section (1) and who bouSs?ted

before the expiry of the period of such certificate gives twenty-one days' notice of his intention to continue to use the boiler after the expiry of the said period may unless after examining the boiler the inspector by an order in writing directs that its use be entirely discontinued continue to use the boiler or to permit the use thereof until a


Penally.

renewed certificate has been granted or refused, but shall not use the boiler or permit the use thereof at any pressure higher—

(i) than that allowed by the expired certificate; nor

(ii) than that allowed by any provisional order given in writing by the inspector after examining the boiler;

(c) any such provisional order may at any time be cancelled by an inspector by notice posted in a registered letter addressed to the owner of the boiler and shall forthwith on demand be returned to the inspector.

(3) Every person guilty of a contravention of the provisions of this section shall be liable to a penalty of not more than Twenty pounds and to a further penalty of not more than Five pounds for each day during which such offence is continued by such person.

Notice of proposed repairs &c. of boilers to be given to Chief Inspector. No. 3645 s. 29; No. 5973 s .3 ( l ) .

Notice of Alterations.

27. (1) No person shall— (a) make any repairs to any boiler; (b) add to or take away from any boiler any fittings or

appliances; or (c) alter the construction of any boiler—

unless— (i) a notice in writing specifying the name and address

of the owner of the boiler and the repairs additions subtractions or alterations proposed to be made has been given to the Chief Inspector; and

(ii) the Chief Inspector has approved such proposed repairs additions subtractions or alterations:

Provided that a person may make any repairs not involving any additions subtractions or alterations if the owner of the boiler has given the notice required by this sub-section and has not within forty-eight hours of the time at which such notice was received by the Chief Inspector received a notice from the Chief Inspector prohibiting the making of the proposed repairs and giving the grounds for such prohibition.

(2) The Chief Inspector within forty-eight hours of the receipt of any notice under this section shall post a notice addressed to the address shown on the notice signifying whether the repairs additions subtractions or alterations are approved or disapproved by him and if disapproved stating his reasons for such disapproval.


boiler. No. 3645 s. 30.

( 3 ) Nothing in this section shall require a notice to be given to the Chief Inspector of an intention to replace or maintain any water gauge, stop valve, auxiliary stop valve, check valve, feed water fitting, blow down cock or safety valve or the replacement of not more than ten per cent, of the total number of tubes in any boiler.

Duties and Liabilities of Owners of Boilers and Others.

28. (1) Every person who by any means whatsoever Penalty on knowingly or wilfully does anything to increase or which tends to "estSre'in increase the pressure on the safety valve of any boiler beyond that stated as that at which such safety valve blows off in the certificate granted by the inspector and then in force, and any person who aids or abets or assists in aiding or abetting in increasing the pressure as aforesaid or procures such pressure to be increased shall be liable to a penalty of not more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than six months.

(2) The person in charge of any boiler at the time such who deemed increased pressure is discovered, or who finding the same with the committed

pressure on the safety valve thereof beyond that stated in the this section,

certificate allows the same to continue shall be prima facie deemed to have committed an offence within the meaning of this section.

29. (1) Whenever any person sells or absolutely disposes of where boiler any boiler to any person the seller or disposer shall forthwith give npticldto be written notice to the Chief Inspector stating the name occupation inspector. and abode of the person to whom such sale or disposition has NO.3M5S. 31. been made.

(2) Whenever any boiler is let on hire a similar notice shall ^fnnlef

c0en

in every such case be given to the inspector by the lessor or hire" proprietor of such boiler in manner aforesaid.

30 . If after the commission of any offence against this Act has P ^ ^ ™ ^ been proved an owner of a boiler proves to the satisfaction of the has used due

court of petty sessions that he had used due diligence to enforce and*avoid

the execution of this Act and that an agent servant or workman {Sty.1 of

had done the matter complained of without his knowledge consent NO. 3645 s. 32. or connivance such agent servant or workman shall be convicted of such offence and shall pay the penalty instead of the owner and the payment of such penalty and costs shall be enforced against such agent servant or workman.

3 1 . In any case where it appears to an inspector at the time of Actual ^ discovering the offence that the owner had used all due diligence to be proceeded

enforce the execution of this Act and also by what person the certain cases.

offence had been committed and also that it had been committed NO. 3645 s. 33. without the personal knowledge consent or connivance of the owner

VOL. I. 49


and in contravention of his orders then the inspector may proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the owner.

Owners when liable under Act. No. 3645 s. 34.

Liability of corporate body.

32. (1) No person shall be liable under the provisions of this Act as an owner of a boiler unless such boiler is worked or used by such owner personally or by his agents servants or others under his orders or directions or for his benefit or profit.

(2) Nothing herein contained shall exempt any corporate body from any liability under this Act by reason only that any such boiler is under the control of any directors secretary manager or other person or persons whomsoever elected appointed or employed by any such corporate body for the benefit of or on behalf of such body.

Notice of boiler explosion or accident to be sent to the Minister. No. 3645 s. 35.

Sixth Schedule.

Explosions and Accidents.

33. (1) On the occurrence of an explosion of any boiler or of any accident causing damage or injury to any boiler notice thereof shall forthwith thereafter be sent by the owner or by some person acting on behalf of the owner to the Chief Inspector who shall if he considers it necessary cause an inspector to report forthwith and transmit such report to the Minister.

(2) The notice shall state the precise locality and the day and hour of such explosion or accident the number of persons injured or killed (if any) and the purposes for which the boiler was used and generally the part of the boiler which failed and the extent of the failure and shall be in the form set out in the Sixth Schedule to this Act or in such other form as the Governor in Council from time to time approves for the purpose.

(3) If default is made in complying with the requirements of this section the person in default shall be liable to a penalty of not more than Fifty pounds.

Power for Minister to direct inquiry as to boiler explosion or accident. No. 3645 s. 36.

34. (1) On receiving notice of any boiler explosion or accident the Minister may if he thinks fit order an inquiry as to such boiler explosion or accident to be made at or near the place of such explosion or accident by a stipendiary magistrate.

(2) The Minister may also if he thinks fit appoint a competent person having a practical and theoretical knowledge of boilermaking to assist the stipendiary magistrate in such inquiry.

(3) Any such inquiry held by a stipendiary magistrate (hereinafter called a court of inquiry) shall be held in open court in such manner and under such conditions as the stipendiary magistrate thinks most effectual for ascertaining the causes and circumstances of such explosion or accident and for enabling him to make the report hereinafter mentioned.


35. A court of inquiry shall have for the purpose of any Powers of inquiry all the powers which are possessed by a court of petty fnqulry. sessions in the case of summary proceedings upon information or No-3645s-37-complaint before it, and shall in addition have the following powers (that is to say):—

(a) Such court or any one appointed by it may enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purpose;

(Z>) It may by summons under the hand of the stipendiary magistrate require the attendance of all such persons as it thinks fit to call before it and examine for the said purpose, and it may for such purpose require answers or returns to such inquiries as it thinks fit to make;

(c) It may by summons under the hand of the stipendiary magistrate require and enforce the production of all books papers and documents which it considers important for the said purpose;

(d) It may administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

Every person summoned not being the owner of the boiler or in the service or employment of the owner or in any way connected with the working or management of the boiler shall be allowed such expenses as would be allowed to a witness attending on subpoena before a court of petty sessions.

inquiry to report to Minister. No. 3645 s. 38.

36. A court of inquiry holding an inquiry with respect to any court of boiler explosion or accident shall report to the Minister as far a s report to possible the causes of the explosion or accident and all the circumstances attending the same, adding thereto any observations thereon or on the evidence or on any matters arising out of the investigation which it thinks fit.

37. A court of inquiry may make such order as it thinks fit AS to costs respecting the payment of the costs and expenses of the inquiry, o"inqu"^5

and such order shall on the application of any party entitled to NO. 3645 s. 39. the benefit of the same be enforced in a summary manner by a court of petty sessions as if such costs and expenses were a penalty imposed by a court of petty sessions.

Miscellaneous.

38. All rights of parties and all liabilities of owners of boilers Saving of

or other persons in respect of any boiler shall remain unaffected Nabi

3i6^5

s' rj by this Act and by any certificate granted under its provisions.


How notices &c. may be served. No. 3645 s 41.

39. (1) Whenever any notice summons or process is required to be served upon any owner under this Act, service on the manager or foreman of such owner shall be good service.

(2) Every notice required or authorized under this Act may be either written or printed or partly written and partly printed and may be served by being posted to any owner's last-known place of business or residence by registered letter.

Penalties. No. 3645 s. 42.

40. Every person who contravenes any provision of this Act or any regulation thereunder for which no penalty is by this Act expressly provided shall for every such offence be liable to a penalty of not more than Ten pounds.

By whom proceedings may be taken. No. 364S s. 43.

Provisions as to proceedings before courts of petty sessions. No. 3645 s. 44.

41. No prosecution shall be commenced for a contravention of any of the provisions of this Act except by an inspector.

42. The following provisions shall have effect with reference to proceedings before courts of petty sessions for offences against this Act:—

(a) It shall be sufficient to state the name of the ostensible owner of the boiler or the title of the firm or company or corporation by which the owner of the boiler is usually known;

(b) The onus of proof that the person firm company or corporation named in a summons is not the owner of the boiler shall be on the defendant;

(c) The onus of proof that the provisions of this Act with regard to the registration of boilers and with regard to obtaining and exhibiting the certificate ticket or label have been complied with as to any particular boiler shall in all cases be on the defendant;

(d) The onus of proof that a boiler was not on the date named in a summons in the locality named in such summons shall in all cases be on the defendant.

Regulations. No. 3645 s. 45. No. 4739

No. 5975 s. 3 (2).

43. (1) The Governor in Council may make regulations not inconsistent with this Act for—

prescribing the mode in which the pressure which boilers are calculated to sustain is to be ascertained and the method of reckoning the horse-power of steam boilers and prescribing the appurtenances fittings and connexions proper for boilers and the placing of identification stamps thereon;

prescribing the fees payable for inspecting boilers and the forms of notices to be given under this Act in any case where the same is not expressly provided for ;


prescribing the fees and travelling allowances payable to members of the Board of Reference;

prescribing the subject-matter of examinations and the mode in which examinations are to be conducted;

regulating the manner in which and the persons by whom any boiler shall be made repaired or altered by the process of welding;

regulating the manner and form in which certificates of competency may be issued, registered, suspended or cancelled—

and generally for carrying this Act into execution. (2) All such regulations when made by the Governor in

Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament, and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-eight days before such regulations are approved by the Governor in Council.

Publication of regulations.

SCHEDULES.

FIRST SCHEDULE. Section 2.

Number of Act. Title of Act. Extent of Repeal.

3645 . . Boilers Inspection Act 1928 . . So much as is not

4739 . . Boilers Inspection (Air and Gas already repealed.

Receivers) Act 1940 The whole. 4878 . . Coal Mines Regulation Act 1941 Section 11. 5396 . . Mines (Amendment) Act 1949 Section 10(3). 5975 . . Boilers Inspection (Amendment) Act

1956 The whole.

SECOND SCHEDULE.

NOTICE OF REGISTRATION.

To the Chief Inspector of Boilers, Melbourne. I hereby give you notice that I am the owner of a boiler true particulars as to

which are given hereunder. owner

(or mortgagee in possession or lessee). Dated this day of 19

Name and address of owner— Where boiler is situated— Form or class of boiler—

Section 10.


Age of boiler— Horse-power (in the case of a steam boiler)— Dimensions and construction of boiler— Pressure to which safety valve blows off— Purpose for which used— Name of maker— Date when boiler was last examined by an expert, and name and address

of such expert— Date when boiler was last cleaned—

E.P., Owner.

Sections 16 and 17.

THIRD SCHEDULE.

CERTIFICATE OF INSPECTION.

Registration No. This is to certify that, in accordance with the Boilers Inspection Act 1958, the

boiler mentioned at the foot hereof has been inspected by me, and that the same is in good repair and may be used for the purpose stated below up to a pressure of lbs. to the square inch.

Dated this day of 19 A.B.,

Issued by me— Inspector of Boilers. CD.,

Chief Inspector of Boilers, this day of 19

Description of Boiler. Nature of boiler— Pressure at which safety valve should blow off— Maker's name— Purpose for which used— Owner's name [// a lessee it should be so stated]— Other particulars [// any, stating whatever may be necessary to identify the

boiler]— This certificate is in force until unless previously suspended

or cancelled under the provisions of the Boilers Inspection Act 1958.

Sections 4 and 17.

FOURTH SCHEDULE.

Certified under the Boilers Inspection Act 1958, pressure [state pressure at which safety valve blows off mentioned in certificate of inspection] lbs. per square inch.


FIFTH SCHEDULE. Sections 24 and 25.

NOTICE TO OWNER THAT BOILER IS DANGEROUS.

To [name of owner] of I hereby give you notice that I have this day inspected a boiler [here describe

boiler] and that the same appears to me to be dangerous and to require repairs [or is in such a dangerous state that it is unsafe to life and property to use the same] or is not furnished with [here specify the alterations to be effected]. You are therefore hereby required to cause repairs additions or alterations, as the case may be, to be effected in such boiler in the following particulars [here specify requirements]. And you are hereby further prohibited within [here state period fixed] from the time this notice is served on you and until such repairs shall be effected from using or suffering the said boiler to be used [or if it is to be partially used state particulars fully].

This notice is given under the Boilers Inspection Act 1958. Dated this day of 19

A.B., Inspector of Boilers.

SIXTH SCHEDULE. Section 33.

REPORT WITH REGARD TO EXPLOSION OF OR ACCIDENT CAUSING DAMAGE OR INJURY TO A BOILER TO BE SENT TO CHIEF INSPECTOR WITHIN TWENTY-FOUR HOURS AFTER THE OCCURRENCE OF SUCH EXPLOSION OR ACCIDENT.

To the Chief Inspector of Boilers. I hereby give notice that an explosion of [or accident causing damage or

injury to] a boiler has occurred and that the following are true particulars concerning the explosion [or accident]:—

1. Name of premises or works and precise locality where the boiler exploded or accident occurred—

2. Address by the post of owner— 3. Day and hour of explosion or accident— 4. Number of persons killed (if any)— 5. Number of persons injured (if any)— 6. General description of the boiler— 7. Purposes for which the boiler was used— 8. Part of the boiler which failed, and the extent of the failure generally— 9. Pressure at which the boiler was worked—

10. Date of last inspection of the boiler by an inspector—

Signature of owner or person acting on behalf of owner—

Address—

Date—

no. 6209. boilers inspection act 1958. · no. 6209. boilers inspection act 1958. an act to...

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