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Inflammable Oils Act.--1908.

Part v.


GOVERNMENT CONTROL AND INSPECTION. 23. (1) The Governor may appoint a Chief Inspector and in. Inspectors. spectors for the purpose of carrying out the provisions of this Act. Such Chief Inspector is referred to in this Act as the “ Chief Inspector,” and each such inspector, including the Chief Inspector, is referred to in this Act as “inspector.” The Chief Inspector shall have all the powers of an inspector.

(2) Any assistant to the Government Analyst may, upon the Government Analyst. direction of the Minister, exercise all the powers conferred on the Government Analyst by this Act.

Powers of inspector.

24. An inspector may-
(a) At any time enter, inspect, and examine any place where

he believes inflammable oil may be found :
() Make any general or particular inquiries as to the obser-

vance of this Act:
(c) Take without payment such samples of any substance

which he believes to be inflammable oil as are necessary

for the examination and testing thereof:
(a) Seize, detain, and remove any inflammable oil and any

package, carriage, ship, or boat in which the same is
contained, if he has reasonable cause to believe that
there has been a contravention of this Act in respect of

such oil:
(e) Where he believes it necessary in the public interest, with

the consent of the Minister, destroy or render harmless
any inflammable oil: Provided that in cases of immi-
nent danger he may so act without such consent.

Inspector to be

25. Every person on or about the place inspected shall-
(a) Facilitate the entry, inspection, and examination by the

(6) Answer all inquiries put as to the observance of this Act:
(c) Facilitate the taking of the samples, seizure, detention, and

removal of any inflammable oil, packages, carriage,
ship, or boat, and the destruction and rendering harmless

of any inflammable oil.
Penalty, not exceeding One Hundred Pounds.

26. No inspector shall be liable, except in respect of any wilful Protection to neglect or default, to any legal proceedings for anything done in

inspector. pursuance of this Act.



Inflammable Oils Act.—1908.




Standard model

27. (1) A standard model of the apparatus for testing inflamapparatus for testing. mable oil prescribed by this Act shall be deposited with and kept

in the office of the Government Analyst.

(2) The Governor may, by notice in the Gazette, declare that any new model shall be the standard model, and that any then existing standard model shall cease to be the standard model.

Verification with standard model.

28. Apparatus constructed in accordance with this Act may from time to time be submitted to the Government Analyst for the purpose of being compared with the standard model and verified.

Stamping of apparatus.

29. The Government Analyst may, on receipt of the prescribed fees and subject to the prescribed conditions(a) Stamp such apparatus, if found to be accurate, with a mark,

date, and number: (6) Stamp such apparatus, if found to be inaccurate, with a state

ment showing the error in such apparatus with a mark, date, and number.

Tests by unverified apparatus to be deemed inaccurate.

30. Any test made by an apparatus shall be deemed inaccurate unless such apparatus has been compared with the standard model, verified by the Government Analyst, and stamped as aforesaid, within five years from the date of such test being made.

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Penalties recoverable summarily.

LEGAL PROCEEDINGS. 31. All proceedings in respect of offences against this Act shal! be by complaint or information, and shall be heard and determined in a summary way before any Special Magistrate or any two Justices of the Peace under Ordinance No. 6 of 1850 and Act No. 298 of 1883-4, or of any Act for the time being in force relating to the duties of Justices of the Peace or to summary proceedings. Such Magistrate or Justices may make any order as to costs which he or they think fit, and may, in addition to the penalty, order the destruction or forfeiture of the inflammable oil and the packages containing the same or either of them.

32. There shall be an appeal from any decision of any Special Magistrate or Justices to the Local Court of Adelaide of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals to such Local Court. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

33, The


Inflammable Oils Act.—1908.


33. The Local Court may state a special case for the opinion of the Supreme Court.

Special case.


34. The Supreme Court shall deal with such special case accord. Practice on special ing to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Courts below, as to the said Supreme Court appears just. 35. In any prosecution under this Act any allegation or averment Averments which

need not be proved. in any complaint, information, or proceedings(a) That a person therein named is an inspector appointed

under this Act, or the Government Analyst, or an assistant

to the Government Analyst: (6) That the store therein mentioned is licensed or is not licensed,

as the case may be: (c) That the premises therein mentioned are registered or are not

registered, as the case may be: shall be deemed to be proved in the absence of proof to the contrary.

36. In any proceedings under this Act with respect to any article Analyst's certificate analysed or tested in pursuance of this Act the production of the to be evidence. certificate of the Government Analyst shall be evidence of the facts therein stated unless the defendant or person charged gives notice in writing to the plaintiff or prosecutor at least twenty-four hours before the date of return of the summons or hearing that he requires the Government Analyst to be called to give evidence.

37. The production of the Gazette containing any Proclamation, Gazette primâ facie notice, rule, or regulation, appearing or purporting to have been evidence. issued or made under this Act, or the production of any document certified by the Chief Inspector to be a true copy of or extract from any such Proclamation, notice, rule, or regulation, issued or made under this Act, shall be prima facie evidence of the issue or making of such Proclamation, notice, rule, or regulation, and that the same is in force.

38. All notices, certificates, and documents, including applica- Notices, &c., may be tions for licences, directed by or required for the purposes of this sent by post. Act may be sent by post or otherwise, and if sent by post shall be deemed to have been received at the last moment of the day on which the same ought to have been received in the ordinary course

of post.

at common law.

39. (1) This Act shall not, save as is herein expressly provided, Saving of remedies exempt any person from any action or suit in respect of any nuisance, tort, or otherwise which might, but for the provisions of this Act, have been brought against him.

(2) This

Inflammable Oils Act.-1908.

PART vi.

(2) This Act shall not exempt any person from any indictment or other proceeding for a nuisance or for an offence which is indictable at common law or under any Act other than this Act, so, however, that no person be punished twice for the same offence.

(3) Where proceedings are taken before any Court against a person in respect of any offence under this Act which is also an offence indictable at common law or by some Act other than this Act, the Court may direct that, instead of those proceedings being continued, proceedings shall be taken for indicting the person at common law or under such other Act.

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40. All penalties shall be in addition to any forfeiture.

Penalties and forlei. tures are cumulative.

Disposal of forfeited property.

41. All forfeited property shall be disposed of as the Minister directs or as prescribed.

Maximum penalty.

Minimum penalty.

42. (1) In this Act, the penalty set forth at the foot or end of or elsewhere in a section or other provision indicates that any contravention of such section or provision, whether by act or omission, shall be an offence punishable upon conviction by the penalty so set forth.

(2) The minimum pecuniary penalty for any offence against any provision of this Act, whether on conviction for the first or any subsequent such offence committed by the same person, shall be onetwentieth of the maximum prescribed.

43. All penalties recovered shall be applied as the Minister directs.

Application of penalty.

Recovery of per alty in case of ship.

44. Where the owner or master of a ship or boat is adjudged to pay a penalty for an offence committed with or in relation to the ship or boat the Court may, in addition to any other power they have for the purpose of compelling payment of the penalty, direct that the same be levied by arrest and sale of the ship or boat and her tackle.

Forging stamp

45. If any person forges or counterfeits any stamp or mark required by this Act to be placed on apparatus for testing inflammable oil, or alters any such stamp or mark placed on any such apparatus, he shall be guilty of felony, and shall be liable on conviction to imprisonment with or without hard labor for a term not exceeding five years.

46. The Governor may, by Proclamation in the Gazette, declare

(a) Any liquid to be “inflammable oil”:
(6) Any place to be a “protected work.”

47. This


Inflammable Oils Act.--1908.

47. This Act shall not apply to the keeping or conveyance of

L'ART vill. inflammable oil under the control of the Minister or of any Saving as to Government department: Provided that any person committing Governmennt

. any act with respect to any such oil tending to cause fire or explosion shall be liable to the like penalty as if the store or premises in which such oil is kept were licensed or registered, or as if the oil were conveyed under the provisions of this Act.

48. The provisions of Part II. of this Act shall apply only limit of application within municipalities, towns, and townships, and within five miles of Act. of the boundaries thereof.

49. The Governor may from time to time make, alter, or repeal Regulations. such regulations (not being inconsistent with the provisions of this Act) as may be necessary or convenient for carrying into effect the provisions of this Act, and in particular, but without diminishing the generality of this provision, for(a) Prescribing the form and manner of applying for and

granting licences and registrations, renewals, transfers,
revocations, alterations, and amendments thereto, and
fees to be paid : Provided that the fee for each registra-
tion shall not exceed Five Shillings, and for each licence

shall not exceed Two Pounds.
(6) Prescribing the situation of licensed stores and depôts,

and of screen walls, and regulating their construction

and fitting up:
(c) Prescribing the maximum quantity of inflammable oil to

be kept in depôts according to their construction and
situation and according to the description of inflam-

mable oil kept therein:
(d) Prescribing the construction and character of artificial

lights which may be taken into a depôt :
(e) Regulating the keeping, storing, removing, and conveying

and the opening and closing of packages of inflammable

oil in registered premises, licensed stores, and depôts :
(f) Determining the notice to be given by the master of any

ship or boat of intention to convey, load, or unload

inflammable oil:
(9) Determining the quantities of inflammable oils which may

be conveyed, loaded, or unloaded without giving such

(h) Regulating the navigation of and places for mooring ships

and boats conveying, loading, or unloading inflammable

(i) Regulating the description, construction, marking, ventila-

tion, lighting, and general fitting up of ships, boats, and
carriages to be used for the conveyance of inflammable

(j) Regulating

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