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©State of Queensland
QUEENSLAND
RURAL MACHINERY SAFETY ACT 1976, No. 22
[Reprinted as at 1 July, 1985]
An Act to provide with respect to the safety and welfare of persons using rural machinery and for other purposes
[ASSENTED TO 22 APRIL, 1976) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title. This Act may be cited as the Rural Machinery Safety Act 1976.
2. Commencement. ( 1) This Act shall come into operation on a date to be fixed by Proclamation which shall be published in the Gazette at least six months before the date so fixed.
(2) Notwithstanding the commencement of this Act, this Act shall not apply to matters specified in the first column of the Table contained in this subsection until after the expiry of the period specified in the second column of the Table following the commencement of this Act.
TABLE
The provision of general guarding of rural machinery- (a) new rural machinery sold on or after the
commencement of this Act . . . . . . . . . . . (b) any other rural machinery . . . . . . . . . . . . . . . . The guarding of power take offs on tractors . . . . . The provision of a protective cab or frame over the
driver's seat on a tractor-
(a) new tractors sold on or after the commencement
2 years 10 years
1 year
of this Act . . . . . . . . . . . . . . . . . . . . . . . 1 year (b) any other tractor . . . . . . . . . . . . . . . . . . . . . 10 years
Commenced 1 January 1977 (Proc. pubd. Ind. Gaz. 26 June 1976, p. 727).
3. Rural machinery not subject to Inspection of Machinery Act.
Rural machinery to which this Act applies or, but for a specific provision of this Act or an exemption duly granted under this Act, would apply
2 s. 4 RURAL MACHINERY SAFETY ACT 1976 s. 6
shall be deemed not to be machinery within the meaning of the Inspection of Machinery Act 1951-1974.
4. Exemptions. The Chief Inspector may by certificate under his hand exempt any person or class of person, either absolutely or subject to such conditions as he thinks fit, from compliance with all or any of the provisions of this Act.
5. Arrangement of Act. This Act is divided into Parts as follows:-
PART I-PRELIMINARY (ss. 1-5);
PART II-MEANING OF TERMS (s. 6);
PART Ill-ADMINISTRATION (ss. 7-9);
PART IV-RURAL MACHINERY SAFETY (ss. 10-18);
PART V-MISCELLANEOUS PROVISIONS (ss. 19-21).
PART II-MEANING OF TERMS
6. Definitions. In this Act save where the contrary intention appears-
" Chief Inspector" means the Chief Inspector of Machinery appointed under the Inspection of Machinery Act 1951-1974 and includes any person who performs the duties of the Chief Inspector of Machinery;
"inspector" means the Chief Inspector and any person who is appointed an inspector in accordance with the provisions of this Act;
"owner" includes a mortgagee, lessee, hirer or borrower of rural machinery and a person who has control, charge or management of the machinery;
"power-driven" means driven by mechanical power not derived from a wheel that revolves by reason of its contact with the
ground; ·
"rural industry" means an industry in which persons are engaged whether as a servant or otherwise-
(a) upon any farm, orchard, vineyard, agricultural holding or pastoral holding in connexion with dairying, poultry farming, bee farming, or the sowing, raising, harvesting or treatment of grain, fodder, sugar cane, fruit, cotton, or other crop or farm produce, whether grown for food or not, or the management, rearing or grazing of horses, cattle, sheep or other livestock, or the shearing or crutching of sheep, or the classing, scouring, sorting or pressing of wool, upon any farm or station or at any other farm or station work;
(b) in flower or vegetable market gardens or nurseries; or
s. 7 RURAL MACHINERY SAFETY ACT 1976 s.8 3
(c) at clearing, fencing, trenching, draining or otherwise preparing land for any purpose specified in this definition;
"rural machinery" means machinery used within a rural industry but does not include a crane, hoist or lift within the meaning of the Inspection of Machinery Act 1951-1974;
"serious bodily injury" means an injury that is the occasion for the injured person leaving or being taken from the place where he was injured to receive medical treatment and that is likely to incapacitate the injured person for a period of three days at the least.
PART III-ADMINISTRATION
7. Appointment of inspectors. The Chief Inspector may appoint any person to be an inspector for the purposes of this Act either for such period or for such purpose as the Chief Inspector specifies in the appointment or without limitation as to the period or the purpose of the appointment.
8. Powers of inspectors. (1) An inspector may at any time- (a) enter any place where there is or where he has reason to
believe there is any rural machinery and inspect and examine any rural machinery found in that place to ascertain whether the machinery does or does not comply with the provisions of this- Act;
(b) call to his aid-
(i) 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 under this Act;
(ii) any person who he thinks is competent to assist him in any inspection or examination under this Act.
(2) Before an inspector enters any private dwelling-house pursuant to a power conferred by this· section he shall, save where he has the permission of the occupier of that dwelling-house to his entry, obtain from a justice a warrant to enter.
A justice who is satisfied upon the complaint of an inspector that there is reason to believe that any premises are of a description such that an inspector is, by this section, empowered to enter therein may issue his warrant directed to the inspector to enter the premises specified in the warrant for the purpose of exercising therein the powers conferred on the inspector by this section.
A warrant issued under this section shall be, for a period of one month from its issue, sufficient authority-
(a) to the inspector to whom it is directed and to all persons acting in aid of him to enter the premises specified in the warrant; and
4 s.9 RURAL MACHINERY SAFETY ACT 1976 s.12
(b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant all the powers conferred on an inspector by this section.
For the purposes of this subsection the expression "private dwelling- house" does not include parts of premises which parts are not used exclusively for the purpose of private residence, or the curtilage of any premises.
9. Inspectors to report. An inspector shall report to the Chief Inspector on every inspection and examination made by him for the purposes of this Act at such times, in such manner and particularity as the Chief Inspector requires.
PART IV-RURAL MACHINERY SAFETY
10. Obligations of users. A person who uses or permits the use of rural machinery in respect of which or any part of which any provision of this Act is not complied with commits an offence against this Act.
11. Obligations of sellers, lessors and repairers. (1) A person who, whether as agent or otherwise, sells, leases, hires or otherwise deals in rural machinery that is capable of being used and in respect of which or any part of which any provision of this Act is not complied with commits an offence against this Act.
(2) A person who so manufactures, installs, repairs or assembles rural machinery that in respect of the machinery or any part of it any -provision of this Act is not complied with commits an offence against
this Act.
(3) For the purposes of this section a person shall be taken to deal in rural machinery if he, for or in expectation of remuneration or reward, parts with, transfers or confers a right to the use of that rural machinery.
(4) This section shall not apply to any wheeled tractor that is not fitted with a metal cab or metal frame as required by section 14 ( 1) if it is sold, leased, hired or otherwise dealt with for the purpose of an operation specified in section 14 (2) (b).
12. Power take-off guards. Power transmission equipment attached to a tractor for the purpose of driving other rural machinery and every joint by which the equipment is linked to the tractor or to the other rural machinery shall be fitted with guards such that-
(a) a person working at or near the tractor or the other rural machinery and his clothing are protected from coming into contact with the moving parts of the power transmission equipment and every such joint; and
(b) they either-
(i) are in accordance with the provisions of Australian Standard 1121-1971 Guards for Agricultural Tractor Power
s.13 RURAL MACHINERY SAFETY ACT 1976 s.14 5
Take-off, Power Take-off Shaft and Implement Connections published by the Standards Association of Australia; or (ii) are of the same strength at least and afford to a person
working at or near the tractor or other rural machinery and to his clothing the same degree of protection at least as guards that are in accordance with such Australian Standard.
13. Guarding of rural machinery components. (1) Every power- driven component of any rural machinery, being a component to which this section applies, shall be so situated in relation to the other parts of the rural machinery or so guarded that a person working at or near the machinery and his clothing are protected from coming into contact with the component.
(2) The components to which this section applies are any shafting, auger (not being an auger that operates directly in conjunction with the cutting mechanism of a harvesting machine), pulley, flywheel, gearing, sprocket, belt, chain or fan.
14. Wheeled tractors-protective cab or frame. (1) Every tractor to which this section applies shall be fitted with a metal cab or metal frame extending above the driver's seat.
The cab or frame shall, together with the attachments for fitting it to the tractor, be in accordance with the provisions of Australian Standard 1636-197 4 Protective Cabs and Frames for Agricultural Wheeled Tractors published by the Standards Association of Australia.
(2) This section applies to all wheeled tractors except-
(a) a tractor weighing less than 560 kilograms or more than 3 860 kilograms, the weight of the tractor being deemed to be the lowest weight in which the tractor in any form is normally available for retail sale when new and without water, fuel and lubricating oil;
(b) a tractor being ·used in, or being driven to or from, an operation carried out-.
(i) in connexion with the growing of horticultural products;
or
(ii) inside or in close proximity to a building, where it would not be reasonably practicable for the operation to be carried out by means of the tractor if it were fitted with a protective cab or frame in accordance with subsection (1).
(3) in .this section the expression-
"retail sale" means the first sale to a consumer;
"horticultural" means the growing of fruit, vegetables or ornamental plants.
6 s.15 RURAL MACHINERY SAFETY ACT 1976 s.lS
15. Tractors-safety of passengers. (1) The owner of a tractor that is being used in a rural industry and a driver of that tractor who permits a person under the age of 1 7 years to ride on the tractor as a passenger commits an offence against this Act unless-
(a) there is provided for each passenger on the tractor- (i) a seat that is of sufficient strength to support the passenger
and that is so shaped or is fitted with a back rest such as to prevent the passenger's slipping from the seat; and (ii) adequate and convenient foot rests and handholds;
and
(b) each passenger is sitting on the seat provided for him.
(2) A person under the age of 1 7 years who rides as a passenger on a tractor that is being used in a rural industry commits an offence against this Act unless he is sitting on a seat that is in accordance with provision (i) of subparagraph (a) of subsection (1).
16. Qualifications of tractor drivers. The owner of a tractor that is being used in a rural industry who employs or permits any person under the age of 17 years to drive the tractor commits an offence against this Act unless that person-
(a) has received sufficient training in driving the tractor or tractors of the same class; or
(b) is under adequate supervision of a person who has a thorough knowledge of and experience in the driving of the tractor or tractors of the same class.
17. Notice of accidents. (1) The owner of rural machinery shall give notice in writing to the Chief Inspector of the occurrence of every accident that arises out of or in connexion with the working or motion of that machinery and that causes loss of life or serious bodily injury to any person.
(2) The notice shall-
(a) be forwarded to the Chief Inspector within 21 days after the occurrence of the accident;
(b) specify-
(i) the cause of the accident, so far as is known;
(ii) the precise location where the accident occurred; and (iii) the name of every person killed or injured in the accident.
18. Immediate notice concerning loss of life. As soon as possible after the occurrence of an accident that causes loss of life arising out of or in connexion with the working or motion of rural machinery the owner of the machinery shall, in addition to the notice required to be given pursuant to section 17, give to the Chieflnspector by the quickest means of communication available to him all information concerning the accident then available to him.
s.19 RURAL MACHINERY SAFETY ACT 1976 s. 21 7 PART V-MISCELLANEOUS PROVISIONS
19. General Penalty. A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. and is liable to a penalty of $200.
20. Proceedings for offences. (1} A prosecution for an offence against this Act shall be by way of summary proceedings under the Justices Act 1886-1975 upon the complaint of the Chief Inspector, or a person authorized by him in that behalf.
(2) A prosecution for an offence against this Act may be commenced within one year from the time when the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the complainant whichever period is the later to occur.
(3) In any prosecution in respect of an offence against this Act it shall not be necessary to prove the authority of the complainant.
21. Regulations. The Governor in Council may make regulations not inconsistent with this Act providing for all purposes whether general or to meet particular cases that in his opinion are convenient for the administration of this Act or are necessary or expedient to achieve the objects and purposes of this Act.
68553-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO THE
RURAL MACHINERY SAFETY ACT 1976
A
Act-
administration of, generally .
arrangement of. . . . . . . . . . . . . . . . . . . . . . Chief Inspector may exempt persons from compliance with commencement of .
general penalty re
not to apply to. . . . . . . . . . . . . . . . Offences a~inst-
re obligations of sellers, lessors and repairers re obligations of users ..
proceedings for offences against short title of
Chief Inspector-
inspector to report to ..
may appoint an inspector may by certificate exempt meaning of term ..
shall be given notice- re accidents re loss of life
Definitions. See Meaning of terms.
Exemptions-
Chief Inspector may by certificate grant
Governor in Council- may make regulations
Horticultural-
meaning of term for the purposes of s. 14
c
D
E
G
H
Part III s. 5 4 2 (I)::
19 2 (2).
II 10 8 I
9 7 4 6 17 18
4
21
14 (3).
Page
3 2 2 I 7 I 4 4 3 I
4 3 2 2 6 6
2
10
Inspector- appointment of meaning of term powers of .
to call to his aid . . . . . . . any member of police force ..
any person competent to assist to enter any place ..
with a warrant . with occupiers permission to report
Justice-
INDEX
I
J
to issue a warrant re entry of premises by inspector
Meaning of terms-
Chief Inspector . . . . . . . horticultural for the purpose of s. 14 . inspector
owner.. . .
M
power-driven . . . . . . . . . . . . . . . . . . provide dwelling house for the purposes of s. 8 (2) retail sale for the purposes of s. 14 . . . . . . . . rural industry . . . .
rural machinery ..
serious bodily mjury
Offences against Act-
by sellers, lessors and repairers by users of rural machinery ..
0
penalty for . . . . .· . . . . . . . . . . . prosecution for, by way of summary proceedings prosecution for, commenced within . . . . . . prosecution for, not necessary to prove
re safety of passengers . . . . . . . . . . . . . . . . . . . . where owner employs/permits driver of tractor who is under 17 Owner-
meaning of term
Penalty-
general, for offences against Act Power-driven-
guarding of, components meaning of term . . . . Private dwelling-house-
meaning of term for the purposes of s. 8 (2) Proceedings for offences-
prosecution for-
by way of summary proceedings . commenced within one year not necessary to prove
p
s. 7 6 8 ..
8 (I) (b) ..
8 (I) (b) (i) 8 (I) (b) (ii) 8 (I) (a) . . . . . .
s::_ ;. fB._s(b~2)" (a), 8: I
8 (2).
6 14 (3).
6 6 6 ..
8 (2) ..
14 (3).
6 6 6
II (1), (2) ..
10 16 20 (I)::
20 (2).
20 (3).
15 16
6
19
13 6
8 (2).
20 (!).
20 (2).
20 (3).
Page
3 2 3 3 3 3 3 3, 4 3 4
2 5 2 2 2 4 5 2 3 3
4 4 6 7 7 7 6 6
2
5 2
4
7 7 7
Regulations-
Governor in Council may make . Retail sale-
meaning of term for the purposes of s. 14 Rural industry-
meaning of term
re qualifications of tractor drivers ..
INDEX
R
re safety of passengers where tractor being used in Rural Machinery-
guarding of, components . . .
what constitutes components . . . . . . . . meanin$ of term . . . . . . . . . . . . . . . . not subject to Inspection of Machinery Act 1951-1974 obligations of sellers, lessors and repairers of ..
obligations of users of . . . . . . . owner of, to give notice in writing-
re accidents ..
the notice shall- be forwarded to specify . . . re power take-off guards re qualifications of tractor drivers
re safety of passengers on tractors when being used for safety of, generally
when a person shall deal in . when Act not to apply to
Short title of Act Serious bodily injury-
meaning of term . . . . notice of accidents causing
Tractor-
power take-off guards fitted to qualifications of, drivers-
generally
s
T
not to employ/permit any person under 17 years to drive to be under adequate supervision . . . . . . . . . . to receive sufficient training . . . . . . . . . . . . . . safety of passengers where, being used for rural industry wheeled,-
cab or frame to be fitted to, except
cab or frame to be in accordance with . . . . . . . . . . obligations of sellers, lessors and repairers when not to apply
to.. . . . . . . . . protective cab or frame for
when Act not to apply to . . . . . . . . . . . . . . . . when obligations of sellers, lessors and repairers not to apply to when provisions of Act not to apply to
Warrant-
authority of .
inspector may require a, to enter premises period of
w
s. 21
14 (3).
6 16 15
13 (I) . 13 (2).
6 II (1),(2) 3 10 ..
ss. 17 (1), 18.
s. 17 (2) (a) 17 (2) (b) 12 16 Part IV 15
s. II (3).
2 (2).
6 17
12 16 16 16 (b).
16 (a).
15 14 (2).
14 (I).
11 (4).
14 (I) ..
2 (2).
II (4).
2 (2).
8 (2).
8 (2).
8 (2).
68553 (iemp4)-By Authority: S. R. HAMPSON, Government Printer, Queensland
Page
2 6 6
5 5 3 I 4 4 6 6 6 4 6 4 6 4 I
3 6
4 6 6 6 6 6
4 5 I 4 I
11
