Construction Amendment Act 1983
Construction Amendment Act 1983
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Construction Amendment Act 1983
Public Act |
1983 No 124 |
|
Date of assent |
16 December 1983 |
|
Contents
An Act to amend the Construction Act 1959
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Construction Amendment Act 1983, and shall be read together with and deemed part of the Construction Amendment Act 1959 (hereinafter referred to as the principal Act).
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by repealing the definition of the term “employer”
, and substituting the following definition:
“‘Employer’, in relation to any construction work, means any person who is liable for the payment of wages of persons employed on the work or who would be so liable if persons were so employed; and includes—
“(a)
A sub-contractor engaged on the work:
“(b)
A labour-only contractor engaged on the work:
“(c)
Any person engaged on the work for reward other than wages—
and, in respect of the operation on the work of mechanical plant, also includes a bailee of the plant, notwithstanding that the bailee is not liable for the payment of the wages of the plant’s operator:”.
(2)
Section 2 of the Construction Amendment Act 1970 is hereby consequentially repealed.
3 Construction Safety Inspectors
(1)
Section 5 of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsections:
“(3)
Notwithstanding the provisions of subsection (2) of this section, a person may be appointed as a trainee Inspector for a period not exceeding 12 months, without having passed the prescribed examinations or having the prescribed qualifications, if he has passed such preliminary examinations or has such other qualifications as may be prescribed from time to time.
“(3a)
A trainee Inspector shall not exercise the powers of an Inspector except under the supervision of an Inspector appointed under subsection (1) of this section.”
(2)
The said section 5 is hereby amended by repealing subsection (4), and substituting the following subsections:
“(4)
The Chief Construction Safety Engineer, every Construction Safety Engineer, and every Inspector shall be supplied with a certificate of his appointment.
“(4a)
Every such certificate of appointment shall contain—
“(a)
A reference to this section; and
“(b)
The full name of the appointee; and
“(c)
A statement of the powers conferred on the appointee by section 7(1) of this Act.”
(3)
Section 2(8) of the Construction Amendment Act 1978 is hereby consequentially repealed.
4 General powers and duties of Inspectors
Section 7 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsections:
“(2)
Every person shall have the same privileges in relation to—
“(a)
The production to an Inspector of any record, notice, or other document; and
“(b)
The furnishing to an Inspector of any information or particulars; and
“(c)
The answering of questions put by an Inspector—
under this section as witnesses have in Courts of law.
“(2a)
Every Inspector exercising any power of entry under this Act shall have with him his certificate of appointment as an Inspector, and evidence of his identity, and shall produce them to the employer or person in charge of the place being entered—
“(a)
If practicable, on first entering the place; and
“(b)
Whenever subsequently reasonably required to do so by the employer or person in charge of the place.”
5 General penalty for offences
(1)
The principal Act is hereby amended by repealing section 24, and substituting the following section:
“24
Every person who commits an offence against this Act or against any regulations in force under this Act for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding $5,000 and, if the offence is a continuing one, to a further fine not exceeding $250 for every day or part of a day during which the offence has continued.”
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 3 of the Construction Amendment Act 1967:
(b)
Section 2(1) of the Construction Amendment Act 1968:
(c)
Section 3 of the Construction Amendment Act 1975:
(d)
Section 2(2) of the Construction Amendment Act 1976.
6 Regulations
(1)
The principal Act is hereby amended by repealing section 30, and substituting the following section:
“30
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
“(a)
Providing for the health, safety, and welfare of persons engaged in construction work, and regulating and controlling the operation and maintenance of plant, machinery, tools, and equipment used in construction work:
“(b)
Providing for the fencing off and filling up of shafts, pits, holes, and excavations in or about the site of construction work:
“(c)
Requiring employers to provide such appliances, works, and structures, for safety purposes, as may be specified in the regulations, and requiring employers to keep them in good repair and condition:
“(d)
Regulating and controlling the storage and use of explosives in or about construction work:
“(e)
Regulating and controlling the use of motor vehicles and mobile plant in construction work:
“(f)
Requiring motor vehicles and mobile plant used in construction work to be fitted with roll-over and falling-object protective structures, requiring such structures to meet specified criteria, and providing for the certification and inspection of such structures:
“(g)
Empowering the Chief Construction Safety Engineer to exempt, in accordance with specified criteria, any motor vehicle or mobile plant from the requirement of being fitted with such structures:
“(h)
Regulating and controlling the use of powder-powered tools:
“(i)
Regulating and controlling the construction and use of scaffolding, working platforms, and ladders:
“(j)
Regulating and controlling the carrying out of work on any gas-supply system:
“(k)
Regulating and controlling the carrying out of construction work underwater and in compressed air:
“(l)
Regulating and controlling the carrying out of demolition work:
“(m)
Providing for the examination and inspection of construction work, and of plant, machinery, tools, and equipment used in construction work:
“(n)
Requiring the provision by employers and the use by workmen of protective clothing, covering, or equipment of a prescribed kind to be used when carrying out construction work generally or specified kinds of construction work:
“(o)
Requiring the provision of toilets and other sanitary appliances at the site of construction work, and regulating the construction, equipment, control, and use of such toilets and appliances:
“(p)
Requiring the provision at the site of construction work of supplies of drinking water and facilities for the consumption of meals, and regulating the construction, equipment, control, and use of such facilities:
“(q)
Prescribing fire-protection precautions to be taken in respect of construction work, requiring compliance with such precautions, and requiring the provision of fire-fighting equipment and materials:
“(r)
Prescribing the certificates of competency required to be held by safety supervisors and other persons engaged in construction work in any capacity specified in the regulations, and the qualifications and experience required of persons before they are granted such certificates:
“(s)
Providing for the registration of persons engaged in construction work in any capacity specified in the regulations, prescribing the age, qualifications, fitness, and experience required of persons before they are registered, and requiring persons to be registered before they carry out construction work in the specified capacity:
“(t)
Prescribing the subject-matter of examinations for such certificates of competency and for such registration, and the conditions governing such examinations:
“(u)
Defining the duties of Inspectors:
“(v)
Prescribing or making provision for the Secretary of Labour to prescribe or provide forms of applications, certificates, returns, and other documents for the purposes of this Act, and prescribing the manner in which any such forms are to be executed:
“(w)
Prescribing the nature of any information and particulars to be furnished to the Secretary of Labour in respect of construction work:
“(x)
Prescribing the fees payable in respect of examinations for certificates of competency under this Act or the regulations, in respect of the granting of such certificates, in respect of registration under the regulations, and in respect of other matters specified in the regulations:
“(y)
Requiring compliance with any code of practice or any part or parts of any code of practice (including any amendment thereof) that has been issued under section 18a of this Act:
“(z)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.”
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 2(2) of the Construction Amendment Act 1968:
(b)
Section 4 of the Construction Amendment Act 1970:
(c)
Section 3 of the Construction Amendment Act 1973.
(3)
The Construction Regulations 1961 and all amendments to those regulations, to the extent that they would have been valid if section 30 of the principal Act (as substituted by subsection (1) of this section) had been in force when they were made, are hereby validated and declared to have been lawfully made.
(4)
Every certificate of competency granted under any such regulations before the commencement of this section and purporting to be in force immediately before such commencement is hereby declared to be valid and to have been lawfully granted and shall have full force and effect according to its tenor.
This Act is administered in the Department of Labour.
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Versions
Construction Amendment Act 1983
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