Dangerous Goods Act Amendment Act 1878
Dangerous Goods Act Amendment Act 1878
Dangerous Goods Act Amendment Act 1878
Dangerous Goods Act Amendment Act 1878
Public Act |
1878 No 22 |
|
Date of assent |
29 October 1878 |
|
Contents
An Act to amend “The Dangerous Goods Act, 1869.”
Preamble.
WHEREAS it is expedient to amend “The Dangerous Goods Act, 1869,”
hereinafter referred to as “the said Act:”
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Dangerous Goods Act Amendment Act, 1878.”
2 Repeal.
“The Dangerous Goods Act Amendment Act, 1870,”
is hereby repealed.
3 Interpretation of “petroleum.”
So much of the second section of the said Act as provides what the term “petroleum”
shall include is hereby repealed, and in lieu thereof it is enacted that for the purposes of the said Act and this Act the term “petroleum”
shall mean and include all such Rock oil, Rangoon oil, Burmah oil, any product of them, and any oil made from petroleum, coal, schist, shale, peat, or other bituminous substance, and any product of them, as gives off an inflammable vapour at a temperature of less than one hundred and ten degrees of Fahrenheit’s thermometer.
4 Governor may declare that petroleum, &c., shall come within the provisions of the Act in certain cases.
The Governor may from time to time, by Order in Council, declare that petroleum or any distillate or other product thereof, or any of the articles or products included in that expression by the last preceding section, shall come within the provisions of the said Act and this Act, or any one or more of such provisions, notwithstanding that they do not give off an inflammable vapour at a temperature of less than one hundred and ten degrees of Fahrenheit’s thermometer; and may from time to time in like manner revoke, alter, or amend any such order. So long as such order shall remain in force, the articles and products therein mentioned shall be subject to the provisions of the said Act and this Act, or to such part thereof as in such order shall be prescribed.
5 Limit of application of provisions of Orders in Council.
The Governor may by such order, or from time to time by Order in Council, declare that the provisions of any Order in Council made under section four of this Act shall only apply to the parts or places within the colony specified in such order; and may from time to time in like manner revoke, alter, or amend such order.
6 Local authority may revoke by-laws and fix license fees.
All local authorities in the said Act mentioned, or any Municipal Corporation constituted under any Act for the time being in force, are hereby empowered to make by-laws for the efficient administration of the said Act and this Act, and may appoint and remove all necessary officers therefor, and may fix and vary the amount of fees to be paid in respect of licenses issued under the said Act, all which fees shall be revenue of the local authority of the district wherein they arise respectively.
Any such license fee may be annual or for a limited time, and shall be payable as soon as the same is fixed in the case of licenses heretofore issued, and in all other cases on the granting of the license.
7 Powers of Inspectors of Weights and Measures given also to police, &c.
All the powers and duties conferred or imposed on Inspectors of Weights and Measures by the sixteenth section of the said Act may also be exercised and performed, as the case may be, by any officer of police, or, within any district mentioned in the seventh section of the said Act, by any person authorized to exercise and perform such powers and duties by the local authority thereof, to which the power of granting licenses is given by the said section; and the said sixteenth section shall be construed as if after the words “any Inspector of Weights and Measures”
there were inserted the words “or any police-constable, or any person authorized by the local authority.”
8 Inspectors, &c., may enter premises to procure samples.
For the purpose of ascertaining and testing whether any oil is petroleum within the meaning of the said Act and this Act, any Inspector of Weights and Measures, any person authorized by the local authority as in the last foregoing section mentioned, and any officer of police, is hereby authorized to enter upon any premises, or upon any description of vessel, at any reasonable hour in the day-time, in which any kind of inflammable oil is kept, either in bulk or in detailed quantities, and may procure samples thereof, either by purchasing the same, or by requiring the vendor thereof, or the person in charge of the aforesaid premises or vessel, to show him and allow him to inspect all or any of the receptacles in which any inflammable oil in the possession of the vendor is stored, and the place of the storage thereof, and to give him samples of such oil on payment or tender of the value of such samples.
9 Penalty for refusal.
If the vendor of any inflammable oil, or his agent, or servant, or the person in charge of any premises or vessel where inflammable oil is kept, when required in pursuance of the foregoing section, refuses or fails to admit the officer, or refuses or wilfully omits to show all or any of the receptacles in which inflammable oil is stored, or the place of the storage thereof, or to permit the officer to inspect the same, or to give any samples thereof, or to furnish the officer with such light and assistance as he may require, he shall be liable for every such offence to a penalty of twenty pounds, to be recovered in a summary manner, and shall also be deemed to be keeping petroleum in contravention of the said Act and shall be liable accordingly.
10 Section 18 amended.
Section eighteen of the said Act is hereby amended by the omission of the words “the Petroleum Acts,”
and the substitution of the words “this Act”
in lieu thereof.