THE FACTORIES AND SHOPS ACTS,

1960 to 1964

Factories and Shops Act of 1960, 9 Eliz. 2 No. 41 Amended by

Factories and Shops Act Amendment Act of 1963, No. 14

335

Trade Descriptions (Textile Products) Act Repeal, and Other Acts Amendment Act of 1964, No. 68

An Act to make Further Provision for the Supervision and Regulation in Queensland of Factories and of Shops; and for other purposes

[Assented to 16 December 1960]

PART I--PRELIMINARY

1. (1) Short title. This Act may be cited as "The Factories and Shops Act of 1960."

(2) Commencement of this Act. Except as herein otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Commenced 2 May 1961; Proclamation, Gazette 29 April 1961, p. 2320. Collective title conferred by Act of 1964, No. 68, s. 6.

2. Severability. Q. Act, s. 1A. This Act, including every Proclamation, Order in Council, regulation, and rule made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation, Order in Council, regulation, or rule would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to whieh it is not in excess of that power.

3. Parts of this Act. Q. Act, s. 2. This Act is divided into Parts, as follows:--

PART I--PRELIMINARY (ss. 1-8); PART II--ADMINISTRATION (ss. 9-14); PART III--REGISTRATION (ss. 15-28); PART IV--RECORDS AND NOTICES IN FACTORIES AND SHOPS

(ss. 29-35);

PART V--SAFETY, HEALTH, AND WELFARE (ss. 36-38); PART VI--THE FACTORIES AND SHOPS HEALTH, WELFARE AND

SAFETY BOARD (ss. 39-42);

336 LABOUR Vol. 8

PART VII-EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND OTHERS-CERTIFICATES, ETC. (ss. 43-59);

PART VIII-HoURS OF BUSINESS IN SHOPS (ss. 60-64);

PART IX-MARKING OF FURNITURE (ss. 65-73);

PART X-TRADE DESCRIPTIONS (ss. 74-83);

PART XI-MISCELLANEOUS (ss. 84-98);

SCHEDULES.

Abbreviation: Q. Act-"The Factories alld Shops Act of 1900" (64 Vic. No. 28) as subsequently amended.

4. Repeals and savings. Sch. I. The Acts specified in the First Schedule to this Act (hereinafter in this Act referred to as "the repealed Acts") are repealed to the extent in that Schedule indicated:

Provided that, but without limiting the operation of "The Acts Interpretation Acts, 1954 to 1959"-

(i) unless herein otherwise expressly provided, every Proclama­tion, Order in Council, rule, regulation, registration, order, notice, permit, request, requirement, mark, agreement or modification thereof with respect to the half-holiday or hours during which exempted shops are required to close, or other act of authority made, issued, given or done under the repealed Acts and in force immediately prior to the com­mencement of this Act, shaIl, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effiuxion of time or is repealed, amended or otherwise modified, revoked, canceIled, or suspended under this Act;

Provided that every such Proclamation, Order in Council, rule, regulation, registration, order, notice, permit, request, requirement, mark, agreement or modification thereof, and other act of authority shaIl be read and construed subject to this Act;

(ii) all penalties and forfeitures imposed under the repealed Acts and not recovered prior to the commencement of this Act may be enforced and applied as if this Act had not come into operation;

(iii) all actions and proceedings of whatever nature commenced or pending immediately prior to the commencement of this Act under the repealed Acts may be carried on and prose­cuted as if this Act had not come into operation, and no such action or proceeding shaIl abate or be discontinued or prejudiciaIly affected by any thing in this Act contained;

(iv) all inspectors and all other officers appointed under the repealed Acts and in office immediately prior to the commence­ment of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shaIl continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act.

Act referred to: Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT,

Vol. 1, p. 82.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 55.3-5 337

5. (1) Meaning of terms. Q. Act, s. 4. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Advertisement"-In relation to any leather goods, textile goods or other goods, any method of advertising or conveying information or making any claim with respect to the leather goods, textile goods or other goods, whether orally or by writing or pictorially or otherwise, including by any circular, catalogue, leaflet, pamphlet, or other document, and by any public announcement made orally or by writing or by means of producing or transmitting light or sound: And the term "advertising matter" when used in relation to any leather goods, textile goods or other goods includes any advertisement, and any matter whatsoever containing or in the nature of an advertisement;

"Articles"-Includes anything which is the subject of trade, manufacture, or merchandise;

"Australia"-Includes any territory of the Commonwealth, within the meaning of the Acts Interpretation Act 1901-1957 of the Commonwealth (including any Commonwealth Act in amendment thereof or in substitution therefor);

"Award"-Award or industrial agreement within the meaning of "The Industrial Conciliation and Arbitration Acts, 1932 to 1959," in force at any material time and whether made before, on, or after the commencement of this Act;

"Bakehouse"-Any building, premises, or other place whatsoever in which any bread, biscuits, cakes, pastry, confectionery, or other foodstuffs of any kind are made, baked, or cooked for sale or trade or gain, and includes any room or other place used in connection with a bakehouse for there storing any such foodstuffs when made, baked, or cooked, or prior to the making, baking, or cooking thereof or for there storing any material to be used for the making, baking, or cooking thereof;

"Chief Inspector"-The Chief Inspector of Factories and Shops appointed or deemed to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Chief Inspector;

"Child"-A person of school age or younger; "Closed"-In relation to a shop, closed by being locked or

otherwise secured to the complete exclusion of the public for the remainder of the day and, in relation to a pump for supplying any fuel for use as such for operating any motor vehicle, rendered inoperative by locking the delivery hose to the body of the pump and removing the key from such lock;

"Closing time"-In relation to any shop, other than an exempted shop, the time at which the shop is required, under the provisions of any order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or any award, to be closed for business on any day and in relation

338 LABOUR Vol. ~

to any exempted shop the time at which the exempted shop is required under the provisions of any agreement under Part VIII of this Act to be closed for business on any day;

"Day"-The period of twenty-four hours between twelve mid­night and twelve midnight;

"Employee"-ln relation to any factory or shop or other place, every person employeJ in, or in connection with the business of, the factory or shop or other place, whether for wages or not, at any kind of work whatsocver; and every reference in this Act to an employee or employees shall, unless the context otherwise indicates or requires, be read as a reference in rclation to the factory or shop or other place, as the case may be mentioned in that reference;

"Exempted shop"-Any shop specified in subsection (1) of section sixty of this Act to the extent to which the pro­visions of Part VIII of this Act do not apply with respect thereto;

"Factory"-(i) every building, premises, or other place whatsoever in

which-(a) two or more persons, including the occupier, are

engaged in a manufacturing process; or (b) steam, water, mechanical, or any other power is used

in or in aid of a manufacturing process or in packing goods for transport; or

(c) electricity is generated or transformed for the supply of heat, light, or power; or

(ii) every bakehouse, cafe, or other place whatsoever where food or drink for human consumption is prepared or manufactured for sale or trade or gain; or

(iii) every laundry in which two or more persons, including the occupier, are engaged or employed, or in which mechanical power is used, and in which laundry work is performed for hire or reward or gain otherwise, or which is carried on as ancillary to another business; 01

(iv) every boat-building yard, ship-building yard, dock, dockyard, ship-repairing yard, or other place in which any ship or boat is constructed, reconstructed, repaired, fitted, refitted, or finished, or broken up; or

(v) every shearing shed, woolscour, or boiling down works. The term does not include any prison, or any industrial

or reformatory school, or any prison or reformatory farm. Without limiting the meaning of the term, a factory

may be in the open air or comprise a building or part of a building which is only partly constructed or under construction.

Where the operations of a factory are carried on in several adjacent buildings, adjaccnt enclosures, or other adjacent places, all of them shall be included as one and the same factory, notwithstanding they may in fact be

FACTORIES AND SHOPS ACTS, 1960 TO 1964 s.5 339

separated, or intersected by a road, stn~eI, stream, building, enclosure, space, or other place not fonning part of the factory;

"False trade description"-As regard~ leather goods, textile goods or other goods to which it is applied, a trade description which by reason of anything contained therein or omitted therefrom is false or likely to mislead in a material respect as regards the leather goods, textile goods or other goods, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise howsoever, which makes the trade description false, or likely to mislead in a material respect;

"Fibre"-Wool, hair, silk, cotton, linen, and any other fibrous material, whether natural or artificial;

"Furniture"-Articles of which wood, wicker, cane, pith-cane, bamboo, seagrass, reedtex, metal, or any substitute for any of these materials forms a part and such as are usually made or assembled by cabinet-makers, assemblers, wood­carvers, wood-turners, chair, seat, couch, and frame workers, upholsterers, polishers, wood-working machinists, sawyers, mattress and wire-mattress makers and wicker, cane, pith­cane, bamboo, and seagrass workers: The tenn includes radio sets, radiograms, television sets, refrigerators, pianos, organs, billiard tables, and any other articles of a like description;

"Half-holiday"-The period after one o'clock in the afternoon of Saturday or, in any Local Authority Area in which employees in shops are entitled to a weekly half or part holiday on a day other than Saturday or Sunday, such day;

"Industrial magistrate"-Any person appointed by or under "The Industrial Conciliation and Arbitration Acts, 1932 to 1959," to be, or to act temporarily in the office of, an industrial magistrate;

"Inspector"-The Chief Inspector or any other inspector appointed or deemed to be appointed under and for the purposes of this Act including an inspector appointed under subsection three of section ten of this Act: The term also includes an acting Chief Inspector and any acting inspector;

"Leather goods"-Trunks, kit bags, suit cases, and similar travel goods; boots and shoes; attache cases, school bags, hat cases, ladies' handbags, shopping bags, purses, wallets, and pouches; document cases, folio cases, and similar articles; musical instrument cases, wireless cases, and gramophone cases; razor strops; footballs, punching balls, boxing gloves, cricket gear and golf bags, and similar sporting goods; men's belts; leather gloves; bicycle saddles; and such other articles, whether of the same kind as the articles before enumerated or not, as may be specified by the regulations for the purposes hereof; where the greater part of the area of the outside is composed of-

(i) leather or a material resembling leather in texture or appearance; or

340 LABOUR Vol. 8

(ii) fibre or vulcanite or a material resembling fibre or vulcanite in texture or appearance; or

(iii) plastic. Any and every individual article as aforesaid is included

in the term leather goods, but the term shall not include any such article the total outside area measurement whereof is less than twenty-four square inches, or any straps;

"Local Authority"-A Local Authority constituted under "The Local Government Acts, 1936 to 1959": The term includes any Joint Local Authority, Brisbane City Council constituted under "The City of Brisbane Acts, 1924 to 1959," and any corporation constituted under any Act where pursuant to any Act that corporation is a Local Authority;

"Local Authority Area"-The area in which, for the purposes of exercising its powers, functions, and authorities and per­forming its duties, any Local Authority has jurisdiction;

"Manufacturing process"-Any handicraft or process in or incidental to the making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, or adapting of any goods or of any other articles or of any part thereof for trade or sale or gain or as ancillary to any business;

"Medical practitioner"-Medical practitioner within the meaning of "The Medical Acts, 1939 to 1958";

"Minister"-The Minister for Labour and Industry or other Minister of the Crown charged for the time being with the administration of this Act;

"Non-exempted shop"-Any shop other than an exempted shop, an office or a small shop;

"Occupier"-In relation to any factory or shop or other place whatsoever, includes every person (whether employing any other person or not) in actual occupation of the factory or shop or other place, any person employing any person in, or in connection with the business carried on in, the factory or shop or other place, and any agent, manager, foreman, or other person whomsoever acting or apparently acting in the general management or control of the business carried on in the factory or shop or other place;

"Office"-Any building or other place whatsoever or any part thereof in which one or more persons are employed, directly or indirectly, to do any clerical work: The term includes the rooms occupied by draftsmen, architects, dentists, doctors, optometrists, or in which any other work of a professional nature is carried on;

"Opening time"-In relation to any shop, other than an exempted shop, the time at which the shop may, under the provisions of any order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or any award, be lawfully opened for business on any day and, in relation

FACfORIES AND SHOPS ACTS, 1960 TO 1964 s.5 341

to any exempted shop, the time at which the exempted shop may, under the provisions of any agreemen~ under Part VIII of this Act, be lawfully opened for busmess on any day;

"Order" -An order made under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," and in force at any material time;

"Owner"-In relation to a factory or shop or any other place the owner, whether jointly or severally: The term includes a mortgagee in possession or a lessee;

"Part"-Part of this Act, including, where necessary, Orders in Council, regulations, and rules, if any, continued in force by, or made under, this Act for the purposes of the Part in question;

"Place"-Any-(a) land, whether improved or unimproved, or enclosed or

unenclosed; or (b) building or structure on or in any land, and whether

completely or partly erected or constructed, or in the course of being erected or constructed; or

(c) room in any building or structure; or (d) road or street or bridge or other structure on, in, over

or under a road or street, and, without limit to the generality of the foregoing pro­visions of this definition, any factory or shop;

"School age"-Years of age prescribed for the time being by "The State Education Acts, 1875 to 1957," for the com­pulsory attendance, where no valid excuse exists, of children at State schools or Provisional schools;

"School-leaving age"-In relation to any person, the last moment of his school age;

"Sell"-Includes offer or attempt to sell, supply or receive for sale, have in possession for sale, exhibit or expose for sale, send or forward or deliver for sale or on sale, or cause or suffer or allow to be sold, offered for sale, exhibited or exposed for sale, or sent or forwarded or delivered for sale or on sale, or exhibit or expose or have in possession for any purpose of advertisement or trade or gain;

"Shoes"-Includes the articles usually sold as slippers, sandals, thongs or scuffs;

"Shop"-(i) every building, stall, tent, platform, or other place what­

soever, or any portion of a place, or every vehicle, ship, boat, or other vessel, or pack, in or from which any goods or other articles are sold or exposed or offered for sale by retail or wholesale, or in or from which any goods or other articles ordinarily sold in shops are delivered or disposed of or any document or thing indicating or authorising title to such goods or other articles is delivered

342 LABOUR Vol. 8

in pursuance of any agreement, condition, rule, scheme, device, or contrivance whatsoever which results in the property in such goods or other articles passing from one person to another; or

(ii) every place occupied or used by hairdressers or beauticians or barbers; or

(iii) every office. The term includes any pump, container or contrivance

for supplying fuel for use as such for operating any motor vehicle.

The term does not include the sample room of any commercial traveller.

Without limiting the meaning of the term, a shop may be in the open air or comprise a building or part of a building which is only partly constructed or under con­struction; or

(iv) any place used for a purpose specified by the Governor in Council (who is hereby thereunto authorised) by Order in Council.

"Shop assistant"-Includes-(i) a person employed in or about a shop, whether for hire

or reward or not, in selling or supplying, or assisting III

selling or supplying, articles to the public or as a messenger; and

(ii) a person engaged in delivering articles from a shop;

"Small shop"-Any shop other than an office in the conduct of the business carried on wherein-

(a) not more than two persons are engaged in any way whatsoever;

(b) the person engaged is the owner of the business or, if two persons are engaged, one of them is or they jointly are the owner or owners of the business;

(c) a person engaged is not also engaged in any way what­soever in any other retail business;

(d) subject as provided in this definition, a person is not engaged as an employee;

(e) goods are sold by retail only; (f) goods other than the following goods are not stocked or

sold that is to say groceries, fishing tackle, the lines pre­scribed for the time being by regulation thirty-one or any regulation amending or substituted for that regulation and the following lines:-

Bias binding, braid, sewing cotton, clip fasteners, press studs, combs, crochet hooks, elastic, hooks and eyes, knitting needles, sewing needles, pins, tape, thimbles, zipps;

Boot and shoe laces, cleaning and washing-up sponges, pot cleaners, dish cloths, primus prickers, steel wool, tin, can and bottle openers, white spirits, brushes (excluding paint brushes more than 2" in width),

FACTORIES AND SHOPS ACTS, 1960 TO 1964 s.5 343

feather and woollen dusters, fertilisers in packets not exceeding 7 lbs., washing mops, mineral turps in bottles and tins of paint not exceeding t pint:

Provided that-(i) only one employee may be engaged and only during the

ordinary working hours fixed by the relevant award; (ii) where the person engaged in conducting the business or,

if two persons are so engaged, one of them becomes incapable through illness or accident of actively engaging in the conduct of the business or, for any other reason, is absent for a period not exceeding two months, another person may be engaged or employed in the conduct of the business in his stead during his incapacity or absence;

"Sole"-All that part of a boot or shoe which in use is under the foot of the wearer, including both the outsole and the insole and the heel, but not including the thin slip of leather, paper, or like material which is affixed to the upper surface of the inner sole and also not including thread, wax, rivets, pegs, nails, toe-plates and heel-plates;

"Textile Goods"-(i) woven, knitted or felted materials manufactured from fibre; (ii) tops, yarns, threads and lace; and

(iii) articles of wearing apparel manufactured in whole or in part of such materials but not including linings, inter­linings or trimmings forming part of such articles;

"Trade description"-In relation to any leather good, textile goods or other goods, any description, statement, indication, or suggestion, direct or indirect, as to-

(i) the nature, number, quantity, quality, purity, class, grade, measure, gauge, size, or weight, of the goods; or

(ii) the State, country, or place, in or at which the goods, or any portions or constituents thereof, were made or produced; or

(iii) the manufacturer or producer of the goods or the person by whom they were selected, packed, graded, or in any way prepared for the market; or

(iv) the mode of manufacturing, producing, selecting, packing, grading, or otherwise preparing the goods; or

(v) the material or ingredients of which the goods are com­posed or from which they are derived; or

(vi) the goods being the subject of an existing patent, privilege, or copyright,

and includes the use of any figure, word, trade name, trade style, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters;

"Week"-The period of time between midnight on a Saturday night and midnight on the Saturday night next following;

"Wool"-The natural fibre from the fleece of any variety of sheep or lamb;

344 LABOUR Vol. 8

"Year"-The period of time from and including the first day of January in any year to and including the thirty-first day of December next following;

"Young person"-A person of an age between his school-leaving age (where that age is under sixteen years) and the age of sixteen years: The term includes a child lawfully employed under Part VII in a factory or shop.

(2) References to a failnre to do any act or thing. Every reference in this Act to a failure to do any act or thing includes a reference to a refusal or neglect to do that act or thing.

As amended by Act of 1964, No. 68, s. 7. Acts referred to:

Acts Interpretation Act 1901-1957 (Commonwealth). Industrial Conciliation and Arbitration Acts, 1932 to 1959; see now

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, post.

Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol. 3, p. 23. Medical Acts, 1939 to 1963, title MEDICINE AND PHARMACY. State Education Acts, 1875 to 1957; see now Education Act of 1964,

No. 73, 1964 Annual Volume, p. 782. "Closed"-As to what amounts to closing, cf. Low v. Bonarius (1904).

1 C.L.R. 578; Hall v. Hooker, [1921] V.L.R. 471; Billingham v. Gaff, [1907] V.L.R. 691.

As to customers invited to come in just before closing time with the intention that they should be served after that time, see Salford Cattle Market Salerooms Ltd. v. Osborne (1923), 87 J.P. (Eng.) 134; [1923] All E.R. Rep. 312.

A shop the front door of which was closed but which had an open door communicating with another shop which was open and occupied by the same person was held not to be closed, Raftery v. Head (1909), 3 Q.J.P. 75 (Mag. Cas.). But a shop is not open where the ordinary means of access by the public are closed and there is no evidence of trading although approaches to the rear of the premises and by private ways are open, Thiel v. Collings (1911), 5 Q.J.P. 22 (Mag. Cas.); reversed on other grounds, 5 Q.J.P.R. 35.

As to entry of a shop by the occupier during closed hours for a purpose not connected with the business, see Raftery v. Head, supra.

"Employee"-As to sales by commercial travellers, hawkers, etc., after closing hours, see s. 62 (3).

As to extent of the premises in respect of which a licensed victualler's license is granted, see Liquor Acts, 1912 to 1965, ss. 4, 20, title LIQUOR.

It seems that the existence of a contractual relationship is not necessary to constitute employment within the definition. See Huntley v. Smith, (1911), 28 W.N.(N.S.W.) 145.

A night-watchman in a factory is an employee, Buckley v. Ferguson & Co. Ltd., [1911] Q.W.N. 3; 5 Q.J.P.R. 7.

"Factory"-As to the allegation that a place is a factory, see s. 95 (l) (v). The word "place" implies permanence, and does not apply to each place

used by a portable piece of machinery, such as a stone-crusher, which is moved from place to place for purposes of its operations, Lowden Y. Oroua County Council, [1927] N.Z.G.L.R. 405.

With respect to whether a single room in a building is capable of being a factory, see Mayor, etc., of Palmerston North Y. Culver (1911), 30 N.Z.L.R. 972; Armstrong Y. Maxwell (1895), 13 N.Z.L.R. 636.

"Inspector"--See s. 6. "Manufacturing process"-The mechanical work involved in the preparation

of dental plates is a handicraft, Armstrong Y. Maxwell, supra. The work of oiling machinery is not a handicraft, Erwin Y. Strand Electric Lighting Co. Ltd. (1899), 16 W.N.(N.S.W.) 49.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 1,s.5-8 345

The expression "preparing articles for trade or sale" in a similar definition was held to involve doing something which has the effect of altering the character or condition of an article in such a manner as to make it fit, or more fit, for trade or sale, and not to be satisfied by merely doing something to make an article more convenient to sell, such as unpacking it or marking its name and price on it or packing it after it has been sold, Henry Bull & Co. Ltd. v. Holden (1912), 13 C.L.R. 569. But sorting, weighing, and packing of nails into cartons constitutes preparing for sale, Alderson v. Gold, [1909] V.L.R. 219. Sorting, drying, and spraying skins to protect them against weevils and salting hides to preserve them pending and during shipment, the skins and hides having previously been sold, was held not to constitute "preparing for trade or sale", Billingham v. New Zealand Loan and Mercantile Agency Co. Ltd., [1914] V.L.R. 321. Semble, the milling of wheat into flour for sale constitutes the preparation of an article for sale. See Selby v. Ballnigan, [1901] S.A.L.R. 21.

Reducing the bulk of bales of wool and keeping them compressed by fastening steel bands round them for the purpose of saving space in shipping constitutes packing for transit, Hagger v. Bennett (1908), 27 N.Z.L.R. 503.

"Occupier"; "Owner"-As to allegation and proof that a person is the occupier or owner, see s. 95 (1) (vi).

"Shop"-As to sales by hawkers, pedlers, commercial travellers and auctioneers, see ss. 15,62 (3).

Certain shops are exempted for the purposes of Part VIII, by s. 60. As to the allegation that a place is a shop, see s. 95 (1) (v). An auction sale is not a sale by retail, Young v. Hall, [1905] St. R. Qd.

151; [1905] Q.W.N. 57. As to auction sales, see now s. 62 (3). A building in which meat, subsequently delivered in pursuance of sales

made elsewhere, is hung up and where it may be inspected with a view to purchase, is not a place where it is offered or exposed for sale, Bonarius v. Playfair (1903), 20 W.N.(N.S.W.) 125.

As to the meaning of "retail", see Fairclough v. Roberts (1890), 24 Q.B.D. 350; Treacher & Co. Ltd. v. Treacher, [1874] W.N. (Eng.) 4.

As to what constitutes a shop, see also Richardson v. Austin (1911), 12 C.L.R. 463; 17 Halsbury's Laws of England, 3rd ed., p. 17, and 24 English and Empire Digest (Rpl.) p. 1107.

As to the meaning of the word "work" in a Factories Act, see Ingham v. Hi Lee (1912), 15 C.L.R. 267.

6. (1) References to "the inspector." References in this Act to "the inspector" shall, unless the context otherwise indicates or requires, be read as referring to any inspector for the time being exercising and performing his powers, functions, authorities, and duties under this Act in the part of the State wherein the factory, shop, or other place the subject of the reference is situated.

(2) References to buildings, etc., under construction. References in this Act to any building or other premises whatsoever under con­struction shall be read as including a building or other premises wholly or partly under construction, re-construction, repair, alteration whether by addition or otherwise howsoever, renovation, or demolition for any purpose as aforesaid.

APPLICATION OF THIS ACT

7. Application of this Act to all factories and shops in Queensland. Cf. Q. Act, s. 5. Except where otherwise expressly provided, the pro­visions of this Act shall apply throughout Queensland.

8. Power of the Governor in Council to exempt from Act. Q. Act, ss. 5, 30 (6). The Governor in Council may at any time and from time to time by Order in Council or the regulations declare that all or any of the provisions of this Act shall not apply, according to such declaration, in respect of any factory or shop or other place specified or all factories

346 LABOUR YoJ. 8

or shops or other places comprised in a specified class of factories or shops or other places or situated in a specified part of the State, or to all or any persons, or factories or shops or other places, in the circumstances specified, and may subject such exemption to such cir­cumstances or conditions or circumstances and conditions as he may specify and, notwithstanding anything to the contrary contained in this Act, effect shall be given to every such declaration while the same remains in force according to the tenor thereof.

Upon the failure of any of the circumstances or a breach of any of the conditions to which any such exemption is subjected the declara­tion in question shall be and be deemed always to have been void and of no effect.

PART II-ADMINISTRATION

9. (1) Administration of this Act. This Act shall be administered by the Minister and, subject to the Minister, by the Chief Inspector, other inspectors, and other officers appointed or deemed to be appointed under and for the purposes of this Act.

(2) Cost of administration. Q. Act, s. 6. The cost of the adminis­tration of this Act shall be paid out of moneys from time to time appropriated by Parliament for the purpose.

10. (1) Officers. Q. Act, s. 6. (a) The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of Factories and Shops and so many other inspectors and other officers as he deems necessary for the effectual execution of this Act.

(b) Any appointment as inspector may, if the Governor in Council deems it so desirable, be made by the appointment to be inspector of the holder for the time being of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties of, that office shall without further appointment or other authority and while he holds or occupies or performs the duties of that office, be an inspector in terms of such appointment, and may hold both his office and such appointment in conjunction.

(c) Notification of all or any such appointments may be published in the Gazette.

(d) The person appointed under the repealed Acts to and holding immediately prior to the commencement of this Act the office of Chief Inspector of Factories and Shops shall, without further or other appoint­ment, be deemed to be appointed Chief Inspector of Factories and Shops under and for the purposes of this Act, and shall, subject to this Act, continue to hold that office in terms of his appointment under and for the purposes of this Act.

(2) Acting inspectors. Without prejUdicing the power of the Governor in Council to appoint, under subsection one of this section, acting inspectors, the Minister or the Chief Inspector may from time to time by writing or by telegram appoint any person who holds for the time being any office under the Crown in right of this State to

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 8, 9 347

act as an inspector and while so acting such officer shall have and may exercise all of the powers, functions, and authorities of an inspector, and for this purpose every reference in this Act to an inspector shall be deemed to include a reference to such an acting inspector.

(3) Judicial notice of notifications. Judicial notice shall be taken of every notification published in the Gazette under this section.

( 4) Saving of the application of 13 Geo. 5 No. 31 and amendments thereof. Nothing in this section shall prejudice or in any way affect the application of the provisions of "The Public Service Acts, 1922 to 1958," to any officer appointed or deemed to be appointed under and for the purposes of this Act.

(5) Certificate of appointment. Every inspector shall as far as practicable be furnished with a certificate of appointment signed by either the Minister or the Chief Inspector and upon entering any place shall, if required, produce that certificate (unless his appointment has been made by telegram when he shall, if required, produce that telegram) to the occupier of the place.

(6) Inspectors may act in any part of the State. Any inspector may exercise and perform his powers, functions, authorities, and duties under this Act in any part of the State.

(7) Inspectors subject to supervision of the Chief Inspector. (a) Every inspector shall perform the duties imposed upon him by this Act under the general supervision and direction of the Chief Inspector.

(b) Any breach by an inspector of the administrative arrange­ments provided by this subsection shall be a matter for disciplinary action by any person by whom such action may be taken and shall not affect or prejudice the validity of anything done or omitted to be done by the inspector concerned.

(8) Non-disclosure of information. Q. Act, s. 17 (3). Except for the purposes of this Act and in the exercise of his functions under this Act or except with the prior permission of the Minister or except where so ordered by a court for the purpose of the hearing or deter­mination or trial of any proceeding or action before that court, an inspector or other officer shall not disclose to any person any information which in the exercise of his functions he acquires with respect to any factory or shop or other place.

Act referred to: Public Service Acts, 1922 to 1965, title PUBLIC SERVICE.

The Chief Inspector is required to submit an annual report to the Minister, s. 14.

It is an offence to obstruct an inspector, s. 13. As to powers of inspector to register factories and shops, see s. 18. For power of inspector to extend permits under Part III, see s. 27. For power of inspectors to require copies of records kept under Part IV

to be furnished, see s. 34. For power of inspectors to require production of certificates relating to

the employment of young persons, see s. 49. As to power of inspectors to require the discontinuance of employment of

diseased persons, see s. 51. For power of inspectors to enter furniture factories, etc., see s. 72.

348 LABOUR Vol. 8

For powers of inspectors in relation to leather goods, textile goods and certain other goods, see s. 82.

For powers of inspectors to require defects to be remedied, see s. 88. For power of the Chief Inspector to prohibit the use of a building as a

factory or shop, see s. 89.

11. (1) Powers of inspectors. Q. Act, s. 12. In addition to all other powers and authorities conferred upon him by any of the other pro­visions of this Act, an inspector may at any time-

(i) enter, inspect, and examine any place used or intended to be used, or which he has reason to believe is used or intended to be used, as a factory or shop, or any part thereof;

(ii) take with him a medical practitioner or an inspector appointed for the purposes of "The Health Acts, 1937 to 1959";

(iii) call to his aid 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;

(iv) question with respect to matters under this Act any person whom he finds in or at the place or whom he has reasonable cause to believe to be, or within the preceding two months to have been, an employee of the occupier thereof, and require such person to answer the questions put and to sign a declaration of the truth of those answers, which power of an inspector to question an employee shall include power to question that employee out of the hearing of the employer or of any foreman, manager, or other superior officer whomsoever;

(v) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or of any Act relating to public health are being complied with in every respect in regard to the factory or shop, the occupier, and the employees, if any, of the occupier;

(vi) require the production of any permit, certificate, or other authority under this Act held or had by any person or alleged by any person to be held or had by him, or of any book, record, list, or other document whatsoever required by this Act to be held or kept by any person, and inspect and examine the same and make copies of and take extracts from the same or of any part thereof or of any entries therein, or do any of these things;

(vii) require any person whom he finds committing or whom he reasonably suspects has committed, an offence against this Act, or whom he is authorised to question for the purposes of this Act, or whose name and address is in his opinion reasonably required for a purpose of this Act, to state his name and address, and, if he has reasonable ground for suspecting that the name or address or name and address as stated is false, require evidence of the correctness thereof;

(viii) subject to subsection eight of section ninety-three of this Act, institute proceedings under this Act;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.10-13 349

(ix) exercise all powers and authorities conferred upon an inspector of factories and shops by any other Act, regulation, ordinance, or by-law, as well as such of the powers conferred by any Act, regulation, ordinance, or by-law upon an inspector appointed for the purposes of "The Health Acts, 1937 to 1959," or appointed for the purposes of any other Act relating to public health, as the regulations for the time being in force under this Act may specify.

(2) Matters may be completed by different inspectors. Notwith­standing anything to the contrary in this Act, if an inspector has issued any order or given any direction or notice or made any request under this Act, he or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or, as the case may be, request, may at any time by direction of the Chief Inspector withdraw or revoke or from time to time vary the order, direction, notice, or request, or take further steps thereon.

Act referred to: Health Acts, 1937 to 1964, title HEALTH, Vol. 6, p. 763.

As to privilege from self-incrimination, see proviso to s. 13. For further powers of inspectors, see notes to s. 10.

12. Occupiers, etc., to allow entry and inspection. Q. Act, s. 12. Every occupier or owner of, or person entitled to the immediate possession of, any factory or shop, and every agent and employee, if any, of any of the persons aforementioned, shall furnish to an inspector all reasonable assistance and all such information which that occupier, owner, person, agent, or, as the case may be, employee is capable of furnishing as is required by that inspector with respect to the exercise of his powers, functions, and authorities, and the discharge of his duties under this Act.

As to privilege from self-incrimination, see proviso to s. 13.

13. Obstructing an inspector, etc. Q. Act, s. 13. A person shall not-(i) assault, resist, or impede, delay or otherwise howsoever

obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or

(ii) fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question, or refuse to sign any declaration which he is required by or under this Act to sign; or

(iii) fail to comply in any respect with the lawful request, require­ment, direction, or order of an inspector; or

(iv) when required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or

(v) fail, when so required by an inspector, to produce any permit, certificate, or authority whatsoever held or had by him or alleged by him to be held or had by him under or for the purposes of this Act, or any book, record, list, or other document whatsoever required by this Act to be held or kept by him, or fail to allow upon his so producing the

350 LABOUR Vol. 8

same, the inspector to inspect or examine it or the inspector to make copies of or take extracts from it or of any part thereof or of any entries therein;

(vi) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or

(vii) use any threat or any abusive or insulting language to any inspector, or to any employee with respect to any inspection or examination or questioning; or

(viii) impersonate an inspector: Provided that no person shall be required under this section or

under section eleven or section twelve of this Act to answer any question, or give any information, tending to criminate himself.

An inspector is not delayed or obstructed within this section by an occupier refusing to produce to him books which he is not required by this Act to keep, Bishop v. W. H. Rocke & Co. Pty. Ltd., [1914] V.L.R. 429.

As to privilege from self-incrimination, see Cross on Evidence, 2nd. ed., pp. 229 et seq.

For further powers of inspectors, see notes to s. 10. See also s. 49.

14. Annual report. Q. Act, s. 62. ( I) The Chief Inspector shall in every year prepare and submit to the Minister for the purpose of informing Parliament, an annual report on the administration of this Act.

(2) Such report shall not refer by name to any particular occupier of a factory or shop or to any employee, or be framed so as to readily admit of the identification of any such occupier or any employee, but shall show such particulars of a general nature as the Minister may require.

(3) The Minister may, after the annual report has been presented to Parliament, publish any general statistical information including the occupation, calling, or classification of employees contained in the report or cause any such information to be supplied to any person.

PART III-REGISTRATION

15. Exemptions from Part III. Q. Act, ss. 4, 11. In addition to such exemptions from this Part as may be declared under section eight of this Act, this Part shall not apply-

(i) in relation to the sale of any goods or other articles by auction or by hawking; or

(ii) to any office which, apart from the clerical work carried on therein, would not constitute a factory or a shop; or

(iii) any place which comprises a building or structure which is only partly constructed or under construction and no portion of which is occupied or used as a factory or shop.

16. (I) Factory or shop not to be used until registered. Q. Act, s. 7. No person shall occupy or use any place as a factory or shop unless that place is for the time being duly registered under this Act as a factory or, as the case may be, a shop.

In this subsection "duly registered" means registered by a certificate of registration or renewal of registration which is in force at the time in question and then held by the person occupying or using as a factory or shop the place in question.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 13-18 351

(2) Application of this section. The provisions of subsection one of this section shall apply-

(i) on and from the commencement of this Act, in those parts of Queensland in which Part II of the repealed Acts extended and were in force immediately prior to the com­mencement of this Act; and

(ii) on and from the first day of July, one thousand nine hundred and sixty-one, throughout the remainder of this State.

17. Application for registration and renewal of registration. Q. Act, s. 7. Application for registration or renewal of registration under this Act of any place as a factory or a shop shall be made in writing in the form prescribed for the purposes hereof to the inspector by or on behalf of the occupier or intending occupier, and shall be accompanied by the prescribed fee and, in the case of a new registration, by a plan (and if and where so prescribed, containing such particulars as are prescribed) of the place used or intended to be used as a factory or a shop.

18. Powers of inspectors to register, etc. Q. Act, s. 7. As soon as practicable after the receipt of an application, made in accordance with this Part, for the registration or renewal of registration under this Act of any place as a factory or a shop the inspector, after or without an inspection of that place, may-

(i) register or, as the case requires, renew the registration of, in accordance with the mode prescribed therefor, the place as a factory or a shop, as the case may be, and issue to the occupier a certificate of registration or renewal of registration in the form prescribed; or

(ii) issue to the occupier or applicant a permit in the form prescribed specifying therein the period during which the permit shall, subject to this Act, remain in force and the defects which, in the inspector's opinion, require to be remedied to the inspector's satisfaction to allow the place in relation to which the permit is issued to be registered or, as the case requires, to continue to be registered under this Act as a factory or, as the case may be, a shop; or

(iii) refuse to register the place as a factory or a shop; or (iv) require any applicant for renewal of registration to show,

within a time allowed by the inspector, cause to the satis­faction of the Chief Inspector why the application should not be refused and, in the case of any applicant so required who fails to comply with the requirement, refuse to renew the registration of the place as a factory or shop.

Should the Chief Inspector cancel the registration or refuse registra­tion of any premises the owner or occupier may apply to the nearest industrial magistrate for a conference between the parties concerned. The industrial magistrate at the conclusion of the conference may make any suggestions in regard to the matters in dispute which may appear to him to be right and proper or confirm or reject the decision of the Chief Inspector. The decision of the industrial magistrate shall be final and binding upon the parties concerned.

352 LABOUR Vol. 8

Every permit issued pursuant to subparagraph (ii) of the first paragraph of this section shall, while that permit remains in force, authorise the person to whom it is issued, to occupy and use the place in relation to which the permit is issued as a factory or, according to the permit, a shop, and for the purposes of this Act such place shall, while the permit remains in force, be deemed to be duly registered under this Act as a factory or, according to the permit, a shop.

For power of inspectors to issue permits for temporary premises, see s. 26. For further powers of inspectors, see notes to s. 10. As to cancellation of registration, see s. 21. As to registration fees, see s. 28.

19. Duration of registration. ( 1) Subject to this Act, the registration or renewal of registration under this Act of any place as a factory or a shop shall commence from the first moment of the day on which such registra­tion or renewal of registration is effected and shall continue in force until-

(i) where that registration or renewal of registration is effected during the month of January of any year, the last moment of the thirty-first day of January of the next succeeding year; or

(ii) where that registration or renewal of registration is effected during any other month, the last moment of the thirty-first day of January next following,

and shall then expire unless renewed in accordance with the provisions of this Part.

Where renewal of registration is granted pursuant to an application in that behalf made not later than the last day of February in the year in question, such renewal shall for the purposes of this subsection be deemed to have been effected on the thirty-first day of January in that year.

(2) Every registration which expires or is cancelled under this Part shall no longer have effect.

(3) Without limiting the provisions of paragraph (i) of the proviso to section four of this Act, every registration effected and every certificate of registration issued under the repealed Acts and in force immediately prior to the commencement of this Part III of this Act shall, subject to this Act, continue in force under and for the purposes of this Act until the last moment of the thirty-first day of January next following the date of commencement of this Part III of this Act, and shall then expire unless renewed in accordance with the provisions of this Part.

20. Renewal of registration. The occupier of any place registered under this Act as a factory or a shop may, not later than the last day in February in the year in which the registration would expire unless renewed, make application under and in accordance with this Part for the renewal of that registration.

21. Cancellation of registration. The inspector (including in all cases the Chief Inspector) upon being satisfied at any time by such evidence or information or inquiries as he thinks fit that any place registered under this Act as a factory or a shop is no longer a factory or a shop, as the case may be, or that any notice in relation to that place required by section twenty-two or section twenty-three of this Act to be lodged with him has

FACTORIES AND SHOPS ACTS, 1960 TO 1964 &'i. 18·24 353

not been lodged in accordance with the provisions prescribed in that behalf, may cancel the registration under this Act of that place as a factory or a shop.

Moreover the Chief Inspector, upon being satisfied at any time that any requisition under this Act given by an inspector to the owner, occupier, or person in charge of a factory or a shop has not been complied with in every respect, or that the defects specified in a permit issued in relation to any factory or shop pursuant to subparagraph (ii) of the first paragraph of section eighteen of this Act have not been remedied as required by that permit, or where under this Act he prohibits the use of any place as a factory or a shop, may cancel the registration under this Act of the place in question as a factory or a shop unless the owner or occuper whom the inspector shall thereunto require in writing, shows, within a time allowed by the inspector, cause to the satisfaction of the Chief Inspector why such registration should not be cancelled.

Should the Chief Inspector cancel the registration or refuse registra­tion of any premises the owner or occupier may apply to the nearest industrial magistrate for a conference between the parties concerned. The industrial magistrate at the conclusion of the conference may make any suggestions in regard to the matters in dispute which may appear to him to be right and proper or confirm or reject the decision of the Chief Inspector. The decision of the industrial magistrate shall be final and binding upon the parties concerned.

22. Vacating factory or shop, etc. Q. Act, s. S. Where the occupier, as set out in such registration, of any place registered under this Act as a factory or a shop vacates that place or the business carried on thereat then he, or when any such place ceases to be a factory or a shop then the occupier thereof at the time, shall within seven days thereafter lodge with the inspector a notice in writing in the form prescribed for the purposes hereof or in a form to the like effect and containing the information applicable to the case required to be set out therein.

In addition to any penalty to which a person failing to lodge a notice as required by this section may be liable, he shall, if he fails to give such notice, be deemed to continue as the occupier of a factory or a shop and shall continue to be subject to all the provisions of this Act accordingly until the prescribed notice is lodged with the inspector.

23. Entry into occupation of registered factory or shop. Q. Act, s. S. Every person who enters into occupation of a place registered under this Act as a factory or a shop shall within seven days thereafter lodge with the inspector a notice in writing in the form prescribed for the purposes hereof or in a form to the like effect and containing the information required to be set out therein.

A notice under this section shall not be or be deemed to be an application for registration or renewal of registration under this Act of that place as a factory or a shop.

24. Increase in maximum number of employees, etc. Q. Act, s. S. In every case where in a place registered under this Act as a factory or a shop--

12

(i) there is a change in the nature of the work or the class of business therein carried on as for the time being is set out in such registration; or

354 LABOUR Vol. 8

(ii) there is effected any extension or reduction in the size of the premises; or

(iii) the number of employees is increased beyond the maximum number of employees set out in such registration,

then the occupier shall within seven days thereafter lodge with the inspector a notice in writing in the form prescribed for the purposes hereof or in a form to the like effect and containing the information applicable to the case required to be set out therein.

25. Notification by owner. Q. Act, s. 10. The owner of any place which another person intends to occupy or use as a factory or a shop shall, before permitting that person to so occupy or use that place, lodge with the inspector a notice in writing of the projected occupation and use of that place as a factory or, as the case may be, a shop.

26. Temporary premises. Q. Act, s. 7. Where by reason of fire, tempest, flood, or other calamity, or through alterations, renovations, repairs, demolition for rebuilding, or other cause, the occupier is unable to carry on his factory or shop in the place registered under this Act as a factory or a shop, the inspector may, without payment of any fee for the purpose, issue to the occupier and in relation to some other place a permit in the form prescribed or in a form to the like effect specifying therein the period during which the permit shall, subject to this Act, remain in force, and while that permit remains in force it shall authorise the person to whom it is issued to occupy and use the place in relation to which the permit is issued as a factory or, according to the permit, a shop, and for the purposes of this Act such place shall while the permit remains in force be deemed to be duly registered under this Act as a factory or, according to the permit, a shop.

27. Power of inspector to extend permits. The period during which any permit issued under this Part remains, subject to this Act, in force may from time to time be extended by the inspector by endorsement on that permit.

For further powers of inspectors, see notes to s. 10.

28. Registration fees. Q. Act, s. 9. ( 1) Without limiting the general power to make regulations conferred by section ninety-seven of this Act, regulations may from time to time be made under that section prescribing the fees which shall be paid for the registration, including the renewal of registration, under this Act of a place as a factory or a shop.

Such fees may be fixed according to the maximum number of persons employed or to be employed in the factory or shop and different fees may be fixed in relation to different maximum numbers, and the fees fixed in relation to factories may differ from the fees fixed in relation to shops:

Provided that where such a registration is effected between the first day of July and the thirty-first day of December in any year, then one-half only of the annual registration fee shall be payable:

Provided further that the annual renewal of registration fee fixed in relation to a factory or a shop according to a prescribed number of persons employed or to be employed therein shall correspond in amount

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.24-29 355

with the annual fee payable for the new registration of a factory or, as the case may be, shop having a corresponding number of persons employed or to be employed therein.

(2) For the purpose of calculating the registration or renewal of registration fee all persons employed, whether in doors or out of doors, in, or in connection with the business of, the factory or shop shall be regarded as persons employed in the factory or shop.

(3) In every case where in a place registered under this Act as a factory or a shop the number of employees is increased beyond the maximum number of employees set out in such registration the occupier shall, within seven days thereafter, pay, in respect of the year or half year according as to whether the increase occurs before or after the first day of July in any year, the difference in value between the registration fee already paid and the fee payable on the increased maximum number.

PART IV-RECORDS AND NOTICES IN FACTORIES AND SHOPS

29. (l) Time and wages book. Q. Act, ss. 14, 17. In every factory and in every shop the occupier shall at all times keep in the prescribed form, or in such other form as may be approved by the inspector a record in English (called the time and wages book) showing, in the case of every employee-

(i) the full name and usual place of abode of the employee; (ii) the kind of work on which he is usually employed;

(iii) the award or industrial agreement (if any) under which he is for the time being employed;

(iv) the hours of his employment during each week; (v) the weekly amount of remuneration paid to him therefor; and

(vi) such other particulars as may for the time being be prescribed.

(2) Work given out book. Q. Act, 5S. 15, 17. In every factory and in every shop where the occupier lets or gives out to any person work of any description to be done elsewhere than in the factory or shop, the occupier shall at all times keep in the prescribed form, or in such other form as may be approved by the inspector, a record in English (called the work given out book) showing in the case of every person to whom any work is so let or given out-

(i) the full name and place of abode of the person; (ii) the situation of the place where he does the work;

(iii) the quantity and description of the work done by him; (iv) the nature and the amount of the remuneration paid to him

therefor; and (vi) such other particulars as may for the time being be prescribed.

(3) The occupier of a factory or shop shall at all times cause to be open to inspection by any inspector the time and wages book and the work given out book in use for the time being in relation to his factory or, as the case may be, shop, and every such book used at any time within the preceding twelve months.

( 4) An inspector may at any time during ordinary working hours require the occupier of a factory or a shop to verify the entries in any wages and time book or any work given out book in relation to his

356 LABOUR Vol. 8

factory or, as the case may be, shop, by statutory declaration or in such other manner and form as may be prescribed by the regulations, and the occupier shall comply in every respect with such requirement.

(5) The occupier of a factory or a shop who fails to comply with any provision of this section shall be guilty of an offence against this Act.

(6) (a) For the purposes of subsection two of this section and in addition to and not in substitution for or in diminution of the meaning of the terms "factory" and "shop" and "occupier" respectively set out in subsection one of section five of this Act-

(i) the term "factory" includes every building, premises, or other place from which material of any description is let or given out for the purpose of being prepared or manufactured outside such place into articles for trade or sale; and

(ii) every merchant, wholesale dealer, shop keeper, agent, or distributor who lets or gives out material of any description for the purpose of being prepared or manufactured outside a factory or a shop into articles for trade or sale shall be deemed to be the occupier of a factory or a shop.

(b) Subject to this Act, the provisions of Part III shall, with all necessary adaptations thereof, extend to all factories and all shops to which subsection two of this section applies and for this purpose every person to whom material of any description is let or given out by the occupier of the factory or shop for the purpose of being prepared or manufactured outside the factory or shop into articles for trade or sale shall be deemed to be employed by the occupier in the business of the factory or shop.

The provisions of subsections (2) and (6) are subject to s. 32. For power of inspectors to require production of records, see s. 34. As to presumption of knowledge by an occupier, see s. 35.

30. Restrictions as to work given out. Q. Act, s. 15 (3). (1) Any person to whom work is let or given out as referred to in subsection two of section twenty-nine of this Act shall not-

(i) let or give out to any other person the work or any part thereof, whether directly or indirectly or whether by piece­work or otherwise; or

(ii) have the work or any part thereof done otherwise than by himself:

Provided that nothing in this section shall refer to the doing of the work or any part thereof with the prior permission in writing of an inspector by members of the family, working together at home, of the person to whom the work is by the occupier of the factory or shop let or given out.

(2) If the occupier of a factory or a shop by whom any work is let or given out as aforesaid, knowingly permits or suffers in respect thereof any such offence as is referred to in subsection one of this section, he shall be guilty of an offence against this Act.

As to presumption of knowledge by an occupier, see s. 35.

31. Factory employee working for factory occupier elsewhere than in the factory. ( 1) Subject to the provisions of section thirty-two of this Act, if any person employed in a factory does any work for the occupier of the factory elsewhere than in the factory, the occupier commits an offence against this Act.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.29-36 357

(2) Subject to the provisions of section thirty-two of this Act, if any person employed in a factory does any work for the occupier of the factory elsewhere than in the factory the person employed commits an offence against this Act.

As to presumption of knowledge by an occupier, see s. 35.

32. Saving. Nothing in subsection two or subsection six of section twenty-nine, or in section thirty, or in section thirty-one, of this Act shall apply in respect of any work which by reason of its particular nature cannot be performed in the factory.

33. Record of accidents. The occupier of a factory shall at all times keep in the factory in the prescribed form, or in such other form as may be approved by the inspector, a record in English (called the register of accidents) showing entered therein the prescribed particulars relating to every accident which occurs in the factory and of which he has know­ledge, and shall at all times cause that register to be open to inspection by any inspector.

Any such occupier who fails to comply with any provision of this section shall be guilty of an offence against this Act.

As to presumption of knowledge by an occupier, see s. 35.

34. Power of inspector to require copy of record to be furnished. Q. Act, s. 17 (2). An inspector may from time to time require the occupier of a factory or a shop to lodge, within such time as the inspector may specify, with the inspector a copy of any record required by this Part to be kept by the occupier, or of so much thereof as the inspector may specify.

The occupier shall comply in every respect with such request. For further powers of inspectors, see notes to s. 10. Records under this Part are required to be kept by ss. 29, 33.

35. Knowledge of occupier. Q. Act, s. 15 (6). In any proceeding under or for the purpose of this Part against the occupier of a factory or a shop any matter or thing proved to be within the knowledge of an employee or agent of the occupier shall be presumed to be within the knowledge of the occupier.

PART V-SAFETY, HEALTH, AND WELFARE

36. Saving of Acts. The provisions of this Part shall be in addition to and not in substitution for or diminution of the provisions of-

(i) "The Inspection of Machinery Acts, 1951 to 1960"; or (ii) "The Inspection of Scaffolding Acts, 1915 to 1960"; or (iii) "The Health Acts, 1937 to 1959"; or (iv) "The Workers' Accommodation Act of 1952"; or (v) (as regards buildings or other premises under construction

for the purpose of being used whether in whole or in part as factories or shops), any Act for the purpose of better securing the safety of persons employed in or in connection with the work of the construction of those premises.

358 LABOUR Vol. 8

Any provision of an award shall be inoperative to the extent to which it applies to any matter related to the safety, health and welfare of any persons to whom the provisions of any rule made under or continued in force by this Act for the purposes of this Part apply:

Provided that every such rule shall be read and construed so as not to prejudice or affect any provision of an award except to the extent necessary to give operation and effect to the rule.

Acts referred to: Inspection of Machinery Acts, 1951 to 1963, p. 593, [lost.

Inspection of Scaffolding Acts, 1915 to 1963, p. 659, [lost.

Health Acts, 1937 to 1964, title HEALTH, Vol. 6, p. 763. Workers' Accommodation Act of 1952, p. 739, [lost.

37. Application of Part V to certain premises. (1) Subject to this Act, the provision of this Part shall apply not only to factories and shops wherein any business is carried on, but also to buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops.

Unless otherwise indicated or provided, for the purpose of the application of the provisions of this Part and of Part VI to any building or other premises under construction as aforesaid, that building or those premises as aforesaid shall where necessary be deemed to be included in the term "factory" or the term "shop", according to the purpose for which the same is to be used upon construction, and where necessary the term "occupier" shall include the contractor and any subcontractor or other person employing any persons in or in connection with the work of the construction of those premises and the persons so employed shall be deemed to be employed in, or in connection with the business of that factory, or, as the case may be, shop.

(2) (a) The Governor in Council may from time to time, by Order in Council, declare that the application of this Part shall extend to and with respect to all or any buildings or places in or in connection with which persons are working or employcd in any business whatever, and thereupon the application of this Part shall, notwithstanding anything contained in this Act, extend to and with respect to all or any buildings and places the subject of the Order in Council in question.

Every provision of this Part applied by Order in Council under this subsection shall for the purposes of applying that provision and the provisions of Part VI be read subject to any necessary adaptation and unless otherwise indicated or provided any building or place specified in the Order in Council in question shall where necessary be deemed to be included in the term "factory", and the persons so working or employed shall be deemed to be employed in, or in connection with the business of that factory.

(b) The power to make any Order in Council under this subsection shall include power to make that Order in Council so that it shall be limited in its application-

(i) to anyone or more buildings or places; (ii) to all buildings or places included in any class of building

or place;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.36-38 359

(iii)

(iv)

to all buildings or places situated in, or in any part of, the Area of any Local Authority;

to all buildings or places included in any class of building or place situated in, or in any part of, the Area of any Local Authority;

(V) otherwise as to place or circumstances as is prescribed therein.

(c) The Governor in Council may by a further Order in Council revoke any Order in Council made under this subsection and thereupon this Part shall cease to apply to and with respect to buildings and places the subject of the revoked Order in Council:

Provided that the Governor in Council may at any later time again make an Order in Council under this subsection applying this Part to and with respect to all or any of those buildings and places.

(d) This subsection and every Order in Council made under this subsection shall apply so as not to limit the operation of this Part, or of any provision of this Part, in its application to factories and shops including buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops.

38. (1) Power to make rules. Without limiting the general power to make rules conferred by section ninety-seven of this Act, rules may be made under that section for better securing the safety and health, and improving the welfare of persons employed in, or in connection with the business of, factories and shops, or, in the case of any buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops, of persons employed in or in connection with the work of the construction of those buildings and other premises, or, in the case of any buildings and places, to and with respect to which the provisions of this Part are applied by Order in Council under subsection two of section thirty-seven of this Act, of persons employed in or in connection with the business of those buildings and places, and containing such provisions, requirements, conditions, and restrictions, whether general or to meet particular cases, as appear to the Governor in Council to be necessary, desirable, or convenient for the purpose.

Second Schedule. Without limiting the generality of the foregoing provisions of this subsection, rules may be made with respect to all or any of the matters and things set forth in the Second Schedule to this Act.

(2) Continuance of certain rules. Without derogating from the provisions of subsection one of this section or of section four of this Act and notwithstanding the repeal of the repealed Acts, the rules set forth in the Third Schedule to "The Factories and Shops Act of 1900" (as subsequently amended), and the rules for the purposes of the repealed Acts published in the Gazette of the ninth day of July, one thousand nine hundred and forty-nine, and in the Gazette of the twentieth day of October, one thousand nine hundred and fifty-one, as in force immediately prior to the commencement of this Act, shall continue in force as if they were made pursuant to subsection one of this section and as if they were enacted in the body of this Act.

360 LABOUR Vol. 8

From time to time new rules may be made under this Act relating to all or any of the matters provided for in the rules continued in force by this section, and under the power conferred by this Act to make rules the Governor in Council may by rules revoke or modify any of those rules so continued and may revoke or modify any of the new rules and may make rules in addition to or in substitution for any of them.

For rules, see Table of Contents, ante.

PART VI-THE FACTORIES AND SHOPS HEALTH, WELFARE AND SAFETY BOARD

39. (1) Factories and Shops Health, Welfare and Safety Board. Q. Act, s. 22. For the purposes of this Part there shall be established a Board to be called "The Factories and Shops Health, Welfare and Safety Board" (in this Act referred to as "the Board").

(2) Membership of the Board. (a) The Board shall be constituted as prescribed by this subsection.

(b) The following shall ex officio be members of the Board-(i) the Under Secretary, Department of Labour and Industry,

who shall be chairman thereof; (ii) the Director of Industrial Medicine;

(iii) the officer of the Department of Labour and Industry occupying the position of the Chief Safety Engineer; and

(iv) the Chief Inspector of Factories and Shops.

(c) The Governor in Council shall appoint to the Board-(i) two members as representatives of occupiers of factories

and shops; and (ii) two members as representatives of employees in factories and

shops. Every such appointment shall be made by notification published

in the Gazette and may be of any person whom the Governor in Council deems suitable as representative of the persons whom by his appointment he represents.

A member of the Board to whom this paragraph (c) applies shall, unless he sooner duly resigns, hold office during the pleasure of the Governor in Council for such term not exceeding three years as is specified in the notification of his appointment and be eligible for re-appointment.

He may resign his office as member by writing under his hand addressed to the Minister, and such resignation shall take effect from the time when it is received by the Minister.

(d) The Governor in Council shall appoint to the Board an officer (other than the Chief Safety Engineer) of the Division of Occupational Safety of the Department of Labour and Industry.

Every such appointment shall be made by notification published in the Gazette, and any such appointee shall hold office as a member of the Board at the pleasure of the Governor in Council.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.38·40 361

Such an appointee shall while he continues to be a member of the Board be the secretary thereof.

He shall hold the positions of member and secretary of the Board in conjunction with his position as an officer of the Division of Occupa­tional Safety of the Department of Labour and Industry.

(3) Allowances, etc. If at any time the Governor in Council considers that all or any of the members of the Board are entitled to any allowances or fees or allowances and fees for their services, he may determine those allowances, or fees, or as the case may be, allowances and fees as he may think fit, and the Governor in Council may from time to time revoke or amend as he thinks fit any such determination, and any member with respect to whom any such deter­mination is made shall, while that determination remains in force, be entitled to payment in accordance therewith.

Any such determination with respect to any member may differ according to class of payment or rate or both class and rate from any such determination with respect to any other member.

( 4) Appointment of deputies. If any member of the Board, other than the chairman, is at any time prevented by absence, illness, or other­wise howsoever from performing the duties of his office, the Governor in Council may, by notification published in the Gazette, appoint another person to act as the deputy of that member during such time as he is so prevented from performing such duties, and the deputy while so acting, shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties, and shall enjoy the immunities of the member whose deputy the appointee is, and the provisions of this Act shall apply with respect to such deputy as if he were the person for whom he acts.

The fact that the deputy of the chairman or any deputy appointed under this subsection has exercised any function, power, or authority, or has performed any duty of the person for whom he acts shall, until the contrary is proved, be conclusive evidence that that deputy lawfully exercised that function, power, or authority, or lawfully performed that duty, as the case may be.

As to the functions of the Board, see s. 41.

40. (1) Proceedings of Board meetings. Q. Act, s. 22 (1). The Board shall meet at such times and places and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time determine.

(2) Quorum. Not less than five members of the Board of whom the chairman or deputy of the chairman shall be one, shall form a quorum at any meeting of the Board.

(3) Chairman. The chairman shall preside at all meetings of the Board at which he is present.

The Assistan~ Under Secretary, Department of Labour and Industry, shal~ be ex OffiCIO. the deputy of the chairman and may attend and preSIde at any meetmg of the Board from which the chairman is absent for any cause whatsoever.

362 LABOUR Vol. 8

The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote.

(4) Validity of acts done by the Board. The validity of acts done by the Board or by the chairman or any other member of the Board, or a deputy of any member including the chairman, shall not be affected by any error or defect in the appointment of any such person or by reason of there being any vacancy in the number of members at the time.

41. Functions of the Board. Q. Act, s. 22 (2). (1) Subject to this Act, it shall be the duty of the Board-

(a) to advise upon matters pertaining to the prevention generally of industrial accidents;

(b) to make such recommendations as it considers necessary to the Minister for securing the safety and health and improving the welfare of persons employed in, or in con­nection with the business of, factories and shops to which Part V applies, whether generally or to meet particular cases, including, but without limiting the generality of the foregoing, the prevention of accidents in such factories and shops, the provision of facilities for medical or first-aid attention, rest, recreation, meals, changing and protection of clothing, and washing; to make such investigations as it considers necessary or desirable for the purpose of making such recommendations; and to collaborate with organisations of employers, organisations of employees, and authorities engaged in technical research, in relation to the foregoing matters;

~ c) to report to or confer with the Minister on any matter referred to it by the Minister for such report or, as the case may be, conference, relating to the safety, health and welfare of persons employed in, or in connection with the business of, factories and shops to which Part V applies, whether in general or in a particular case, and to make such investigations as may be necessary or desirable for that purpose;

(d) to review the laws in force for the time being in relation to the safety, health and welfare of persons employed in, or in connection with the business of, factories and shops to which Part V applies, and to make to the Minister recommendations for the making of fresh such laws, and either in amendment of or substitution for the then existing such laws or any thereof;

(e) to arrange an educational programme for the training and certification of industrial safety officers and personnel;

(f) to recommend to the Minister ways and means of forming new and strengthening existing voluntary organisations for securing the safety of persons employed in, or in connection with the business of, factories and shops to which Part V applies;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.40-43 363

(g)

(h)

to encourage the formation for particular industries of safety committees having for their function the suggesting to the Board of ways and means of overcoming problems connected with the prevention of accidents in the industry in question, and in particular to encourage the formation of such committees in the central and northern regions of the State;

to make to the Minister recommendations respecting the making of rules pursuant to the provisions of section thirty­eight of this Act.

(2) In relation to its duty under paragraph (d) of subsection one of this section, the Board may consult with organisations of employers, organisations of employees, any other organisations and any individual persons.

42. Powers upou recommendation of Board, etc. Q. Act, s. 22 (3). Upon any recommendation or report by, or conference with, the Board under section forty-one of this Act, and in addition to and not in substitution for or in diminution of any other powers conferred by this Act upon the Governor in Council, the Minister, or the Chief Inspector or any other inspector-

(i) the Governor in Council may make such regulations or rules or both regulations and rules under this Act and containing such provisions, prohibitions, restrictions, and conditions and in relation to such factory or shop or such classes of factories or shops to which Part V applies as prescribed therein as he considers necessary or desirable; and

(ii) whether regulations or rules are made or not, the Chief Inspector may issue an order directing the occupier or occupiers of such factory or shop or such class of factories or shops to which Part V applies as he specifies therein to do such things or to take such steps, including, but without limiting the generality of the foregoing, the observing of such prohibitions, restrictions, precautions, and obligations, and the provision of such facilities, as he may specify therein,

for the purpose of better securing the safety and health and improving the welfare, or any of these things of persons employed in, or in con­nection with the business of the factory or shop or factories or shops in question.

PART VII-EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND OTHERS-

CERTIFICATES, ETC.

43. (1) Saving of 23 Geo. 5 No. 26 as amended, and awards, etc., thereunder. This Part applies subject to "The Industrial Conciliation and Arbitration Acts, 1932 to 1959," and awards and industrial agree­ments thereunder, so that, where any provision of such Act or of any award or industrial agreement thereunder is inconsistent with a provision of this Part, the provision of such Act or award or industrial agreement shall prevail and the provision of this Part shall to the extent of the inconsistency be inoperative.

364 LABOUR Vol. 8

(2) Saving of 15 Geo. 6 No. 33 and 20 Geo. 5 No. 37, as sub· sequently amended. The provisions of this Part shall not derogate from or otherwise affect the provisions of "The Inspection of Machinery Acts, 1951 to 1960," and shall be in addition to and not in substitution for or diminution of the provisions of "The Apprentices and Minors Acts, 1929 to 1959."

(3) Exemptions. This Part shall not apply to any office which, apart from the clerical work carried on therein, would not constitute a factory or a shop, or to the rooms occupied by draftsmen, architects, dentists, doctors, optometrists, or to rooms in which any other work of a professional nature is carried on, and any reference in this Part to the employment of any person in, or in connection with the business of, any factory or shop shall be deemed not to refer to the employment of that person in any office, although that office may be part of the factory or shop.

Acts referred to: Industrial Conciliation and Arbitration Acts, 1932 to 1959; see now

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, post.

Inspection of Machinery Acts, 1951 to 1963, p. 593, post. Apprentices and Minors Acts, 1929 to 1959; see now Apprenticeship

Act of 1964, p. 291, ante.

PREMIUMS

44. Premiums prohibited. A person shall not demand, accept, or agree to accept any consideration, premium, gift, forbearance, or allowance in connection with the employment of any person by him in any factory or shop.

Upon convicting a person of an offence against this section for that such person accepted a consideration, premium, gift, forbearance or allowance in connection with the employment of any person by him in any factory or shop the industrial magistrate shall, in addition to any penalty which he may impose, order the offender to repay the amount so accepted to the person from whom he accepted it.

As amended by Act of 1964, No. 68, s. 8.

AGES OF EMPLOYEES

45. Prohibition of employment of children in factories, etc. Q. Act, ss. 24·27 (5). (1) The occupier of a factory, except with the prior permission in writing of the Minister and in accordance in every respect with the conditions (if any) therein specified, shall not employ in, or in connection with, the business of that factory-

(i) any child at any time; or (ii) any male young person or any female in working his or

her ordinary working hours or any part of those ordinary working hours at any time between six o'clock in the evening of any day and six o'clock in the morning of the day next following.

(2) The Minister from time to time in his unfettered discretion may grant permits, subject to such conditions (if any) as he may think fit to impose, for the purposes of this section, but shall not grant such a permit in relation to a child who has more than six months to live to reach his school-leaving age.

FACfORIES AND SHOPS ACfS, 1960 TO 1964 ss.43-47 365

The conditions imposed in relation to the grant of any such permit may differ from those imposed in relation to the grant of any other permit or permits, but in every case the conditions imposed shall be specified in the permit.

For "child", "factory" and "young person", see s. 5. As to proof of age, see s. 95 (1) (iv). General provision with respect to employment of apprentices and minors

is now made by Apprenticeship Act of 1964, p. 291, ante. For working hours of young male persons and females, see s. 52.

46. Prohibition of employment of children in shops. The occupier of a shop shall not employ any child in, or in connection with the business of, that shop unless there has been granted by the Minister for Education, or the Director-General of Education or some other officer of the Department of Education, a certificate then in force certifying that some valid excuse for the purposes of "The State Education Acts, 1875 to 1957," exists for the non-attendance at school of that child.

Act referred to: State Education Acts, 1875 to 1957; see now Education Act of 1964,

No. 73, 1964 Annual Volume, p. 782.

CERTIFICATES OF FITNESS, ETC.

47. Certificates of fitness, etc. Q. Act, s. 28. (1) The occupier of a factory belonging to such class or classes of factories as may for the time being be prescribed for the purposes hereof by the regulations, shall not employ any young person at any employment of any nature in, or in connection with the business of that factory unless the occupier holds a certificate of fitness, as prescribed by subsection two of this section, of that young person for that particular employment.

(2) (a) Every certificate of fitness for the purposes of this section shall be a certificate granted by a medical practitioner and shall be in the prescribed form or a form to the like effect and shall specify the full name and age of the young person to whom it relates and the nature of the employment for which the young person is fit.

(b) A certificate of fitness for the purposes of this section may be expressed to apply either to one or more specified factories or generally to all factories of a specified class. The certificate may at any time in appropriate cases be extended by a medical practitioner as aforesaid, by endorsement of the certificate, to any other specified factory or factories or class of factories.

(c) A medical practitioner as aforesaid shall not grant a certificate of fitness for the purposes of this section unless he is satisfied-

(i) by the production of a certificate of birth or by other evidence, whether of a like nature or not, that the young person to whom the certificate relates is of the age shown therein; and

(ii) that the young person to whom the certificate relates is not incapacitated by disease or bodily infirmity from working at the employment for which the certificate is required during the days and the times daily, allowed ordinarily for the time being by law for working in the factory or factories to which the certificate shall apply, and that his health is not likely to be adversely affected thereby.

366 LABOUR Vol. 8

(3) A certificate of fitness for the purposes of this section shall not operate to limit or remove any of the restrictions or conditions imposed by this Act or "The Inspection of Machinery Acts, 1951 to 1960," or "The Apprentices and Minors Acts, 1929 to 1959," in respect of the employment of young persons or of others.

Acts referred to: Inspection of Machinery Acts, 1951 to 1963, p. 593, post. Apprentices and Minors Acts, 1929 to 1959; see now Apprenticeship

Act of 1964, p. 291, ante. For power of inspectors to require production of certificates, see s. 49. For provisions applying to factories other than those prescribed under this

section, see s. 48.

48. Obtaining of birth certificates, etc., upon employment of young persons. ( 1 ) The provisions of this section shall apply to factories other than those factories belonging to such class or classes of factories as may for the time being be prescribed by the regulations for the purposes of section forty-seven of this Act.

(2) The occupier of a factory to which this section applies shall not employ any young person in, or in connection with the business of, that factory unless the occupier holds in relation to that young person either a certificate of birth showing, or a certificate granted by the inspector that the inspector is satisfied, that the young person has reached his school-leaving age.

(3) The provisions of this section shall be in addition to and not in substitution for or diminution of any of the other provisions of this Part.

For power of inspectors to require production of certificates, see s. 49.

49. Production of certificates. ( 1) The occupier of a factory shall, on the request of an inspector made in relation to all or any young persons employed in the factory produce for inspection by the inspector the certificate or, as the case requires, certificates in relation to the young person or persons in question-

(i) of fitness where section forty-seven of this Act applies to that factory; or

(ii) of birth, or of school-leaving age granted by the inspector, where section forty-eight of this Act applies to that factory,

as required by this Part to be held by that occupier. (2) The provisions of this section shall be in addition to and

not in substitution for or diminution of the provisions of paragraph (v) of section thirteen of this Act.

(3) In addition to the penalty to which an occupier as aforesaid is liable for failing to produce such a certificate when requested as aforesaid, he shall be deemed not to hold that certificate.

For further powers of inspectors, see notes to s. 10.

50. Certificate of employmeut. Q. Act, s. 26. The occupier of a factory or a shop shall, on the request of any person whose employment in the factory or shop, as the case may be, has been terminated, whether by the occupier or by the employee, give to that person a certificate under his hand, in the prescribed form or a form to the like effect, and stating correctly the period during which that person has been so employed.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.47-52 367

51. Discontinuance of employment of diseased persons, etc. Q. Act, s. 29. (1) Whenever the inspector-

(i) is of the opinion that a young person is by disease or bodily infirmity incapaoitated from working at his employment in a factory during the days and the times daily, allowed ordinarily for the time being by law for working in the factory; or

(ii) receives notice howsoever that any person employed in a factory is suffering from an infectious disease within the meaning of 'The Health Acts, 1937 to 1959,"

the inspector shall serve on the occupier of the factory a notice in writing requiring that the employment of such person be discontinued not later than the expiration of the period specified in the notice (which period shall not be less than one nor more than seven days after the service of the notice) .

(2) The occupier of a factory upon whom a notice under this section is served shall comply with the requirement contained in that notice (notwithstanding that, in an appropriate case, a certificate of fitness has been previously obtained in relation to the employee concerned) unless, after service of the notice, a medical practitioner personally examines the employee and certifies in writing that such person is not so incapacitated or, as the case requires, is not suffering from such an infectious disease.

Act referred to: Health Acts, 1937 to 1964, title HEALTH, Vol. 6, p. 763.

For further powers of inspectors, see notes to s. 10.

52. Working hours for young male persons and females. (1) The occupier shall not employ in a factory or shop-

(a) continuously for more than five hours, inclusive of any overtime, without an interval of at least half an hour for a meal, any male person under the age of eighteen years or any female;

(b) for more than forty hours, exclusive of overtime, or for more than fifty-two hours, inclusive of overtime, in anyone week, any male young person or any female;

(c) for more than ten hours, exclusive of overtime and time allowed for meals, in any period of twenty-four hours, any male young person or female;

(d) overtime any male young person or female without the prior permission in writing of an inspector; or

(e) overtime for more than three hours on any day, or on more than three days in any week, or (save with the prior approval of the Minister) on more than twenty-four days in any year any male young person or female.

(2) Where in respect of any factory or shop, the Minister has approved of employment overtime on more days than twenty-four in a year, then for the purpose of applying paragraph (e) of subsection one of this section to that year, that paragraph shall be read by substituting for "twenty-four" the total number of days on which overtime may be worked in such year pursuant to the Minister's approval.

368 LABOUR Vol. 8

(3) The occupier who employs any male young person or female overtime in any factory or shop shall pay-

(a) for such overtime at the rate of time and a-half; and (b) additionally a sum of not less than sixty cents for meal

money for each and every day on which the male young person or female is employed overtime.

Such payment shall be made at least once in each fortnight.

( 4) The occupier shall not employ in any factory-(a) on any Sunday or half-holiday; or (b) after thirty minutes past nine o'clock in the evening of any

day other than a Sunday or half-holiday, any male young person or female.

(5) The occupier shall not, on any day on which a male young person or female is employed in a factory both before and after the meal hour, employ such male young person or female outside the factory in the business thereof.

(6) The occupier shall not employ in, or in connection with the business of, any shop any person under the age of eighteen years-

(a) at any time on any day during which such person has already been employed in a factory for eight hours or longer; or

(b) for any time on any day which together with time during which such person has already been employed in a factory on such day aggregates more than eight hours.

(7) The occupier shall not employ in any exempted shop-(a) after eight o'clock in the evening any male young person

or any female under the age of eighteen years; or (b) for more than ten hours, exclusive of time allowed for meals,

in anyone day any male young person or any female. Employment by the occupier of any male young person or any

female outside any exempted shop in or in connection with the business of such exempted shop shall be deemed to be employment in such shop for the purposes of this subsection and the time thereof shall be counted accordingly.

(8) The occupier shall not employ in any shop, other than an exempted shop,-

(a) after one o'clock in the afternoon of any half-holiday; or (b) ordinary time between six o'clock in the evening of any day

and six o'clock in the morning of the day next following; or (c) where the weekly half-hoHday for shops is some day of the

week other than Saturday, ordinary time after six o'clock in the afternoon of any Saturday,

any male young person or any female.

(9) An inspector shall not grant permission to employ overtime in any factory or shop any male young person or female for more than three hours on any day or on more than three days in any week or, save with the prior approval of the Minister, on more than twenty-four days in any year.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 52, 53 369

(10) Subject to this subsection the occupier may, in the case of sudden unforeseen pressure of work, employ overtime in any factory or shop any male young person or female.

This subsection shall not authorise any occupier-(a) to employ overtime any male young person or female

(whether the same or a different person) on more than ten days in any year; or

(b) To employ overtime any male young person or female at any time when he is prohibited by the Minister from employing overtime under the authority of this subsection.

Any occupier who, in a case of sudden unforeseen pressure of work, employs overtime any male young person or female shall, within twenty-four hours of commencing such employment, give to an inspector notice in writing of that fact stating in full the grounds for such employment.

If the grounds so stated do not satisfy the inspector that the overtime employment was for meeting a bona fide case of sudden unforeseen pressure of work, the inspector shall report accordingly to the Minister who may in writing prohibit the occupier from employing overtime under the authority of this subsection any person during the remainder of the year in question.

This subsection applies so as not to authorise any occupier to employ overtime any male young person or female (whether the same or a different person) under the authority of this subsection and of permission in writing of an inspector on days in any year aggregating more than forty.

( 11) For the purposes of this section all work done by a male young person or a female for the occupier outside the factory in which such male young person or female is employed, whether or not the work is connected with the business of the factory, shall be deemed done whilst employed in the factory and the time of employment therein taken into account accordingly.

(12) The provisions of sections fifty-three, fifty-four or fifty-six of this Act shall be construed so as not to limit the operation or effect of any provision of this section.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

As to whether it is necessary to aIlege, as part of a charge under subsection (1) (c), that the number of hours worked was exclusive of time allowed for meals, see Ex parte Antman (1901), 18 W.N.(N.s.W.) 236.

As to the nature of the right to payment for overtime, see Russell v. Pinkhard (1913), 9 Tas. L.R. 34; Edwards v. Timaru Milling Co. (1907), 26 N.Z.L.R. 989.

It seems that one member of a firm which occupies a factory can be charged with, and convicted of, an offence under this section, Goodsir v. Henderson (1887), 13 V.L.R. 125. Cf. Bishop v. Chung Bros. (1907), 4 C.L.R. 1262.

As to "young person", see s. 5. As to overtime in shops for other persons, see s. 54. As to applications to inspectors for permission for overtime, see s. 59.

53. Employment in shops. Q. Act, s. 32. ( 1) Except under and in accordance in every respect with the permission of an inspector, the occupier of a shop shall not require or permit or suffer-

(a) any person to perform for him, either in or about the shop or elsewhere, any work usually done by a shop assistant, whether in that shop or in shops of the class of shops to which that shop belongs; or

370 LABOUR Vol. 8

(b) any shop assistant to be or to remain in or about the business portion of the shop,

at any time after half an hour after closing time on any day and before opening time on the next day on which the shop may lawfully be opened for business.

This subsection does not apply in relation to any shop assistant not employed in dealing with the public in or about the business portion of the shop and whose ordinary ceasing time is fixed by an award later than closing time on any day in question where, on such day, that shop assistant is engaged only in performing the work in relation to which that award applies, but in every such case the occupier shall not require or permit or suffer any such shop assistant to work or remain as aforesaid after half an hour after his ceasing time as so fixed and before his starting time next thereafter as so fixed except under and in accordance in every respect with the permission of the inspector as aforementioned.

For the purposes of this subsection where several classes of business are carried on in a shop the closing times in relation to any two or more of which on any day of the shop differ, then the latest closing time on that day shall be the closing time of the shop.

(2) The occupier shall not employ any person in or about or in connection with a shop--

(a) for a longer period than fifty-three hours in anyone week, exclusive of such times as may be allowed for meals; or

(b) for a longer period than nine and a-half hours in anyone day, exclusive of such times as may be allowed for meals.

(3) The occupier shall not employ any person continuously in any shop, or at any work in connection with the business of any shop, for more than five hours without an interval of at least half an hour for a meal, and during which interval the employee is at liberty to leave the premises.

See s. 52 (12). As to the closing hours of shops, see s. 61.

54. Overtime in shops. Q. Act, s. 32 (11). (1) Save as prescribed by subsection three of this section, the occupier shall not employ overtime in any shop any person without the prior permission in writing of the inspector.

(2) The occupier who employs any person overtime in any shop shall pay-

(a) for such overtime at the rate of time and a-half; and (b) additionally a sum of not less than sixty cents for meal

money for each and every day on which such person is employed overtime.

(3) Subject to this subsection the occupier may, in the case of sudden unforeseen pressure of work, employ overtime in any shop any person.

This subsection shall not authorise any occupier-(a) to employ overtime any person (whether the same or a

different person) on more than ten days in any year; or (b) to employ overtime any person at any time when he is

prohibited by the Minister from employing overtime under the authority of this subsection.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.53-56 371

Any occupier who, in a case of sudden unforeseen pressure of work, employs overtime any person shall, within twenty-four hours of com­mencing such employment, give to an inspector notice in writing of that fact stating in full the grounds for such employment.

If the grounds so stated do not satisfy the inspector that the overtime employment was for meeting a bona fide case of sudden unforeseen pressure of work, the inspector shall report accordingly to the Minister who may in writing prohibit the occupier from employing overtime under the authority of this subsection any person during the remainder of the year in question.

This subsection applies so as not to authorise any occupier to employ overtime any person, whether the same or a different person, under the authority of this subsection and of permission in writing of an inspector on days in any year aggregating more than forty.

( 4) The occupier of a shop shall not require or permit or suffer any shop assistant to work overtime, either in or about the shop or else­where, for a period exceeding three hours beyond the ordinary working hours of that shop assistant on anyone day, or on more than three con­secutive nights, or on more than forty days in anyone year.

The occupier shall not require or permit or suffer any person to work overtime in, or in connection with the business of, any shop during any weekly half-holiday, save that, for the purpose of stock-taking, an employee may, in any year, be so employed on two half-holidays approved by the inspector.

The inspector shall not grant permission to employ overtime contrary to this subsection.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

As to payment for holidays where an industrial award is in force, see s. 43 (l), the Industrial Conciliation and Arbitration Acts, 1961 to 1964, s. 14 (3), p. 432, post. and Hall v. Manahan, [1919] St. R. Qd. 217; [1919] Q.W.N. 39; 13 Q.J.P.R. 115. See also Holidays Acts, 1912 to 1961, s. 7, title HOLIDAYS, Vol. 7, p. 373.

See s. 52 (12). As to overtime for young male persons and females, see s. 52. As to applications to inspectors for permission for overtime, see s. 59.

55. Shop assistants, etc., not to be employed as watchmen. Q. Act, s. 32 (5). The occupier shall not employ as a watchman in a shop a person who is also employed as a shop assistant or clerk in, or in con­nection with the business of, that shop or in, or in connection with the business of, any other shop in relation to which such occupier is also the occupier.

As to exempted shops, see s. 60.

56. Employment in exempted shops. (1) The occupier shall not employ any employee in or about or in connection with any exempted shop (or where an employee is employed partly in shop duties and partly in domestic duties then for the whole of such duties) for a longer period than fifty-three hours in anyone week.

(2) The occupier shall not in an exempted shop employ continuously for more than five hours any employee without an interval of at least half an hour for a meal, and during which interval the employee is at liberty to leave the premises.

372 LABOUR Vol. 8

Employment by the occupier of any employee outside any exempted shop in or in connection with the business of such shop, shall be deemed employment in such shop for the purposes of this subsection and the time thereof shall be counted accordingly.

(3) The ordinary working time of any employee in any exempted shop on any working day-

(a) shall not exceed nine hours; and (b) shall be worked within a spread of twelve hours calculated

from the time of commencement of such work: Provided that on the weekly half-holiday ordinary working time shall

not exceed four and a-half hours and shall be worked with a spread of six hours calculated from the time such work commenced.

The occupier shall not employ any employee in any exempted shop contrary in any respect to the provisions of this subsection.

(4) The occupier shall not employ in any confectioner's shop, restaurant or refreshment shop any waiter or waitress after the hour of eight o'clock in the evening of any day unless he pays, in respect of all time worked by such waiter or waitress after such hour, overtime at the rate of not less than time and a-half.

(5) Every employee in an exempted shop shall have a half-holiday in each and every week from the hour of one o'clock on some day other than Sunday.

The occupier of every exempted shop shall give to every employee therein such weekly half-holiday.

( 6) The occupier shall not at any time on a Sunday employ any employee in any exempted shop other than a chemist's shop, a druggist's shop, or an undertaker's establishment:

Provided that upon proof to the satisfaction of the Minister that the exigencies of the business carried on in any exempted shops included in any class thereof, either generally or in any locality, render it necessary or desirable to except such shop or shops included in such class of shops from the prohibition against employment on Sundays imposed by this subsection, the Minister may, in writing, grant-

(a) such exception; or (b) permission to the occupier or occupiers of such shop or

shops included in such class of shops to employ therein on a Sunday any employee during such time and otherwise on such terms and conditions as are specified in the notice.

See s. 52 (12). As to exempted shops see s. 60.

57. When employee not to be in or about exempted shop. Where and so far as any agreement referred to in section sixty-three of this Act (including, where that agreement is modified, that agreement as modified) is by the said section sixty-three binding in relation to any exempted shop and fixes the closing time on any day of that exempted shop, then, except under and in accordance in every respect with the permission of the inspector granted under subsection two of this section, the occupier of that exempted shop shall not require or permit or suffer any employee-

(a) to work, either in or about that shop or elsewhere; or

FACTORIES AND SHOPS ACTS, 1960 TO 1964 &s.56-59 373

(b) to be or to remain in or about the business portion of the shop, at any time after half an hour after the closing time on that day and before the opening time next thereafter of that shop as fixed by the agreement.

This subsection does not apply in relation to any employee not employed in dealing with the public in or about the business portion of the exempted shop and whose ordinary ceasing time is fixed by an award later than the closing time on any day in question where, on such day, that employee is engaged only in performing the work in relation to which that award applies, but in every such case the occupier of the exempted shop shall not require or permit or suffer any such employee to work or remain as aforesaid after half an hour after his ceasing time as so fixed and before his starting time next thereafter as so fixed except under and in accordance in every respect with the permission of the inspector as aforementioned.

In the case of any chemist's shop, this section does not apply with respect to any time during which the Minister has, pursuant to section sixty-three of this Act, directed that the chemist's shop in question be kept open.

58. (Repealed.) Repealed by Act of 1964, No. 68, s. 9.

59. Applications for and permissions to work overtime, etc. (1) An application to the inspector for permission-

(a) to employ overtime in any factory any male yOllng person or female; or

(b) to employ overtime in any shop, including any exempted shop, any employee including any male young person or any female,

shall be in the prescribed form or a form to the like effect and shall be delivered or sent to the inspector so as to be received by him not later than three o'clock in the afternoon of the day on which the overtime is to be worked or first worked, or, if the overtime is to be worked or first worked on a Saturday or on a day when the factory or shop is to remain closed, then not later than three o'clock in the afternoon of the day when the factory or shop is last previously lawfully open for business.

(2) Upon receipt of an application to work overtime the inspector may grant or refuse to grant the permission for which the application is made and, if he grants the permission, may subject the same to such conditions as he deems fit to impose and specify therein.

Permission as aforesaid may be granted so as to apply to any day or to any period not exceeding seven consecutive days and may, in relation to any shop or exempted shop, be granted in relation to all or any shop assistants employed in, or in connection with the business of, the shop:

Provided that the inspector shall not grant any such permission in relation to a young person unless in the inspector's opinion some special circumstance exists for the grant of that permission, or contrary to subsection seven of section fifty-two of this Act.

(3) In every factory the occupier shall affix to the wall of the factory in a conspicuous position any permission of an inspector to work overtime and shall keep such permission so affixed at all times during which overtime is being worked under the authority thereof.

374 LABOUR Vol. 8

( 4) (a) In every factory or shop the occupier shall keep in or to the effect of the prescribed form and entered at all times up to date a record in English of all overtime worked by employees and so as to show the overtime, if any, worked on each and every day by each and every employee.

(b) Whenever required by an inspector, the occupier of a factory or shop shall, according as required-

(i) produce such record for inspection and examination by the inspector; or

(ii) deliver or forward to the inspector at the address and at or within the time specified by the inspector in that behalf a copy of such record in respect of such period as the inspector specifies.

PART VIII-HOURS OF BUSINESS IN SHOPS

60. (1) Exempted shops. Save as otherwise expressly provided m this Part, the provisions of this Part shall not apply with respect to the following shops (hereinafter referred to as "exempted shops"):-

(i) chemists' shops and druggists' shops; (ii) confectionery shops;

(iii) cooked provision shops; (iv) fish shops; (v) fruit shops, vegetable shops, fruit and vegetable shops, or

temperance beverage shops; (vi) restaurants, cafes, and refreshment shops;

(vii) flower shops; (viii) tobacconists' shops; (ix) booksellers' shops, newsagents' shops, and railway bookstalls; (x) bread shops, cake shops, and pastry shops;

(xi) undertakers' establishments; (xii) licensed premises within the meaning of "The Liquor Acts,

1912 to 1958"; (xiii) premises in relation to which a pawnbrokers license granted

under "The Pawnbrokers Act of 1849" is in force; (xiv) automatic coin operated pumps for supplying fuel for use as

such for operating motor vehicles provided in the case of any such pump that the person supplying fuel therefrom or an agent or employee of such person does not operate the pump or do any work whatsoever (including by the changing of money) for any purpose of or in connection with the supplying therefrom of fuel outside the relevant trading hours fixed by the Full Bench of the Industrial Commission by order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 19{) 1 to 1964":

Provided that in respect of-(a) the stocking or sale in any shop hereinbefore specified in this

subsection of goods other than goods which are prescribed to be exempted goods; or

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 59, 60 375

(b) the sale by wholesale in any such shop of goods which are prescribed to be exempted goods,

the provisions of this Part shall apply to such shop and any reference in this Part to an exempted shop does not refer to such shop.

(2) Saving of 10 Eliz. 2 No. 25 (inclnding awards). The pro­visions of this Part shall not derogate from or otherwise affect the pro­visions of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964" (including all awards and all orders under Part VIlA thereof), and in relation to the hours of business or of closure of any shops (excluding exempted shops) shall be read subject to the provisions of every award and every order under the said Part VIlA applicable to those shops.

(3) This Part shall not apply to any office which, apart from the clerical work carried on therein, would not constitute a shop, and any reference in this Part to the employment of any person in, or in con­nection with the business of, a shop, shall be deemed not to refer to the employment of that person in any office, although that office may be part of the shop.

( 4) The provisions of this Part shall not apply to, nor prevent or restrict, the sale by auction in any shop, on any day (other than a Sunday or a holiday mentioned in subsection two of section sixty-one of this Act and applicable to that shop) at any time after the closing time for that day fixed by or pursuant to this section for that shop, of wool or tobacco leaf from catalogues after inspection of the wool or tobacco leaf, as the case may be.

(5) Whenever the Governor in Council has pursuant to section eight of this Act declared that all or any of the provisions of this Part shall not apply to any shops, then the occupier of every shop to which the declaration applies shall affix and at all times maintain so affixed while the declaration remains in force a copy of the Order in Councilor regulation containing that declaration in a conspicuous place in his shop for the information of all persons concerned.

As amended by Act of 1964, No. 68, s. 10. Acts referred to:

Liquor Acts, 1912 to 1965, title LIQUOR. Pawnbrokers Act of 1849, title PAWNBROKERS. Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405,

post. For Order in Council declaring that provisions of Part VIII shall not apply

in respect of all garages and service stations within the State of Queensland, see Industrial Gazette, 6 May, 1961, p. 87.

The times within which a licensed pawnbroker may receive goods are prescribed by Pawnbrokers Act of 1849, s. 27, title PAWNBROKERS.

A shop in which fruit only is sold and not vegetables is exempted, Hall v. Hooker, [1921] V.L.R. 471.

Mere proof of a single sale of particular goods does not show that a business in that class of goods was carried on, Tipple v. Bongiorno, [1921] V.L.R.523.

Where a business comprises a section requiring the shop to be closed and a section which would not if carried on alone require the shop to be closed, the shop is to be regarded as a single shop for the purpose of determining whether it was closed, Low v. Bonarius (1904), 1 C.L.R. 578.

For special provisions as to exempted shops, see s. 63. See Industrial Conciliation and Arbitration Acts, 1961 to 1964, ss. 96A

et seq., p. 492, post.

376 LABOUR Vol. 8

61. Closing hours of shops. ( 1) Subject to the provisions of this section every shop shall be kept closed, regardless of the class or classes of business carried on therein-

(i) on Monday, Tuesday, Wednesday, Thursday or Friday in each and every week, from and after six o'clock in the afternoon;

(ii) on Saturday in each and every week, from and after one o'clock in the afternoon:

Provided that where all or any of the hours or days of business or of closure of any shops are fixed by an order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or an award, whether generally or in particular cases or on particular occasions, then those shops shall be and remain closed, as regards such classes of business carried on therein, and at and during such times and on such days, as to give effect to and ensure compliance with in all respects the provisions of the order or award.

(2) Every shop shall be kept closed, regardless of the class or classes of business carried on therein, at all times on any and every Sunday or holiday as follows, namely-Christmas Day, Good Friday, Easter Satur­day (the day after Good Friday), Easter Monday, the first day of January, the twenty-sixth day of January, the twenty-fifth day of April (Anzac Day), Labour Day (the first Monday in Mayor other day appointed under "The Holidays Acts, 1912 to 1954," to be kept in place of that holiday), the birthday of the Sovereign, and Boxing Day (or any day appointed under "The Holidays Acts, 1912 to 1954," to be kept in place of any such holiday), and the day appointed under "The Holidays Acts, 1912 to 1954," to be kept as a holiday in relation to the annual agri­cultural, horticultural, or industrial show held at the principal city or town, as specified in a current notification published in the Gazette pursuant to subsection two of section ten of "The Industrial Conciliation and Arbitra­tion Acts, 1932 to 1958," of the district specified in that notification and in which the shop is situated.

(3) [Repealed.] (4) [Repealed.]

As amended by Act of 1964, No. 68, s. 11. Acts referred to:

Holidays Acts, 1912 to 1961, title HOLIDAYS, Vol. 7, p. 377. Industrial Conciliation and Arbitration Acts, 1932 to 1958; see now

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, post.

The provisions of Industrial Conciliation and Arbitration Acts, 1932 to 1958, s. 10 (2) have been reproduced in Industrial Conciliation and Arbitration Acts, 1961 to 1964, s. 14 (3), p. 432, post.

For power of the Industrial Commission to fix the hours of trading in shops, notwithstanding this Act, see Industrial Conciliation and Arbitration Acts, 1961 to 1964, s. 12 (3), p. 425, post.

See also ibid., ss. 96A et seq., p. 492, post.

62. Offences. ( 1) Every occupier of a shop shall, in respect of any business or class of business carried on therein, comply in every respect with the requirements of section sixty-one of this Act and if he fails to do so shall be guilty of an offence against this Act.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.61·63 377

(2) Where pursuant to subsection one of this section, an act or omission is an offence under more provisions than one of section sixty-one of this Act, the offender may be proceeded against under any of those provisions, but so that he is not twice punished for the same act or omission.

(3) Hawking. No person shall in any city, town, or part of the State-

(i) hawk; or

(ii) sell by retail or offer or expose for sale by retail, or expose any samples for the purposes of selling by retail or take any order for the sale by retail of; or

(iii) sell by auction,

any articles of a class usually sold in any class of business carried on in any shops in that city, town, or part of the State at a time or on a day when those shops are by section sixty-one of this Act (including by virtue of the provisions of any award) required to be closed in relation to that class of business.

63. Special provisions as to exempted shops. Q. Act, s. 36. ( 1 ) The occupiers of all shops included in any class of exempted shops situated in any Local Authority Area or in any part of any Local Authority Area may from time to time agree amongst themselves, for the appointment in relation to such shops of a day to be observed for the half-holiday in each week, or of the hours at and during which those shops shall be and remain closed, or both of those matters.

The matter of whether or not such occupiers so agree shall be determined by ballot or in meeting held as prescribed at which not less than one-half of all of them vote or are present, and such matter shall be deemed determined in the negative unless at least two-thirds of such number so voting or present favour the agreement.

Such an agreement may exempt any specified shop or shops from observing the specified half-holiday, or from being closed and kept closed at and during the specified hours, or from both of those matters or may appoint different hours at and during which any specified shop may remain open for the conduct of business.

Every such agreement shall be notified to the Minister who may thereupon publish in the Gazette a notice that, on and after a date to be specified in the notice, in the said Local Authority Area or part of the Local Authority Area, as the case may be, the half-holiday in each week as specified shall be observed by all shops of the classes set forth, or all shops of the classes set forth shall be closed at and remain closed during the hours specified, or both of those matters, according to the agreement:

Provided that whenever the Minister thinks it desirable in the public interest so to do he may at his unfettered discretion modify from time to time or cancel any agreement as aforesaid whether before or after the publication in the Gazette by the Minister of notice of that agreement. Upon any such modification or cancellation the Minister shall publish in the Gazette a notice thereof.

378 LABOUR Vol. 8

Where the Minister is of the opinion that to meet the needs of the public it is necessary so to do he may direct by notification in the Gazette or by modification of any agreement that one or more of such shops in any Local Authority Area or part of a Local Authority Area shall be kept open during such time as the Minister may fix after the closing hours observed or agreed upon in that Area or part.

The occupiers concerned may agree among themselves as to the shop or shops which shall be kept open during the time fixed by the Minister, and failing such agreement, the occupier or occupiers respectively shall keep open during such time such shop or shops as the Minister directs.

An agreement under this section shall not apply with respect to the supply by any occupier of or employee in any chemist's shop from such shop of any medicine or medical or surgical appliance that is urgently required.

(2) Every agreement notified in the Gazette pursuant to this section, and, if modified by the Minister, as modified in the notification of such modification published in the Gazette, shall during the currency thereof be binding in relation to all shops to which that agreement relates situated in the Local Authority Area or part of the Local Authority Area in question and on the occupiers thereof, and shall not at any time be appealed against or set aside or revoked unless by a further agreement or by modification or cancellation pursuant to this section, and so on accordingly.

(3) Where and so far as any agreement (including, where that agreement is modified, that agreement as modified) is by this section binding in relation to any exempted shop then the occupier of that exempted shop-

(i) if the day to be observed in respect of the exempted shop for the half-holiday in each week is fixed thereby, shall not fail to close his shop on that day at the appointed time, or to keep his shop closed during the remainder of that day;

(ii) if the closing time on any day of the exempted shop is fixed thereby, shall not fail to close his shop on that day at that closing time;

(iii) if the hours during which the exempted shop is to remain closed on any day are fixed thereby, shall not fail to keep his shop closed at all times during those hours on that day;

(iv) shall not fail to comply with any other provision whatsoever of such agreement.

This subsection does not apply with respect to the keeping open of a chemist's shop during any time during which the Minister has, pursuant to subsection one of this section directed that such chemist's shop shall be kept open.

(4) In respect of any agreement mentioned in subsection (1) of thiS section-

(a) the term "occupier" shall be limited in its meaning to the person in actual occupation of any exempted shop in question or, where there are two or more such persons, the one of them nominated in writing by them; and

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 63, 64 379

(b) such term shall not include-(i) any person employed (whether by the person in actual

occupation or by any other person) in, or in connection with the business carried on in, the exempted shop in question; or

(ii) any person other than the person in actual occupation of the exempted shop in question, acting or apparently acting (and whether as agent, manager, foreman or otherwise howsoever) in the general management or control of the business carried on in such exempted shop.

Notwithstanding that a person is, pursuant to this subsection, the occupier of two or more exempted shops, such person shall have one vote only in any ballot or meeting held to determine any matters whereon he and the occupiers of other exempted shops may agree under subsection ( 1) of this section.

A nomination referred to in this subsection shall, notwithstanding that the two or more persons making the nomination are in actual occupation of more exempted shops than one, be made of the one and the same person in respect of all of those exempted shops.

Where pursuant to the foregoing provisions of this subsection, any person votes in any ballot or meeting by virtue of being the nominee of two or more persons who are the occupiers of any exempted shop then neither such nominee nor any other person whose nominee he is shall vote in such ballot or meeting in respect of any other exempted shop.

As amended by Act of 1963, No. 14, s. 2. As to exempted shops, see s. 60. See Industrial Conciliation and Arbitration Acts, 1961 to 1964, SS. 96A

et seq .. p. 492, post.

64. Power to make regulations. The power to make regulations under this Act shall include power to make regulations prescribing either generally or to meet particular cases all or any matters or things required or permitted by any provision of this Part to be prescribed or necessary or convenient to give effect to or to carry out the objects of all or any of the provisions of this Part, including, but without limiting the generality of the foregoing-

(i) prescribing, regulating, and controlling the manner of holding a ballot or meeting where necessary for the appointment of the half-holiday or the closing hours or both for exempted shops or any class thereof, including the manner of applica­tion for the holding of such ballot or meeting and the amount of the fee which is to accompany the application (which fee shall be paid into Consolidated Revenue); or

(ii) providing for the enforcement of a direction by the Minister that any shop or shops in any Local Authority Area or part of a Local Authority Area are to be kept open during such time as the Minister shall have fixed after the closing hours observed or agreed upon in such area or part.

For power to make regulations, see s. 97.

380 LABOUR Vol. 8

PART IX-MARKING OF FURNITURE

65. Stamping of furniture by manufacturer. Q. Act, s. 39. (1) A person who manufactures or prepares, either wholly or partly, in Queensland any furniture for the purpose of sale shall as soon as it has been practically completed so as to permit the mark being applied to it, cause that furniture to be marked in accordance with section sixty-nine of this Act with a maker's mark containing the number assigned to him by the Chief Inspector for that mark and complying in every respect with the provisions of subsection two of section sixty-eight of this Act.

(2) A person in subsection one of this section referred to shall not remove or cause or permit or suffer to be removed from the building, premises, or other place in which the furniture is manufactured or pre­pared, either wholly or partly, any furniture which is not marked as required by the said subsection one of this section.

Only stamped furniture may be sold, s. 67.

66. Stamping of furniture by importer. Q. Act, s. 42. A person who imports into Queensland or who first receives in Queensland any furniture for sale shall, within forty-eight hours after such furniture first comes into his possession, cause that furniture to be marked in accordance with section sixty-nine of this Act with an importer's mark containing the number assigned to him by the Chief Inspector for that mark and complying in every respect with the provisions of subsection three of section sixty-eight of this Act.

Only stamped furniture may be sold, s. 67.

67. Furniture not to be sold without being stamped. Q. Act, s. 41. (1) A person shall not sell any furniture unless that furniture is marked in accordance with section sixty-nine of this Act with either a maker's mark or importer's mark containing the number assigned by the Chief Inspector for that mark and complying in every respect with the provisions of subsection two or subsection three, according to the class of mark, of section sixty-eight of this Act.

(2) In proceedings for an offence against subsection one of this section in respect of any furniture it shall be a defence that at the time when the offence is alleged to have been committed the furniture bore the same maker's mark or importer's mark as had been marked on it when the defendant acquired it and that that mark appeared to comply with this Part in all respects and had not been altered in any way by the defendant, and that on demand made by or on behalf of the complainant, the defendant gave all the information in his power with respect to the person from whom he obtained the furniture.

Manufacturers and importers of furniture are required to stamp it, ss. 65, 66.

68. (1) Application for mark, etc. Q. Act, ss. 40, 43. (a) Every person who in Queensland manufactures or prepares, either wholly or partly, any furniture for the purpose of sale or who imports into Queens­land any furniture for the purpose of sale shall make application in writing as prescribed to the Chief Inspector for the assignment to him of a number for his maker's mark or, as the case may be, importer's mark.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.65-70 381

(b) Subject to satisfying himself that the provisions of this Act have been complied with, the Chief Inspector shall upon receipt of such an application assign to the applicant an appropl'iate number and shall record in a register to be kept by the Chief Inspector the full name and address of the applicant together with particulars of the number and the class of mark for which that number is assigned to the applicant, and such further particulars, if any, as may be prescribed.

(2) Maker's mark. Every maker's mark shall be of oblong shape and shall contain the number assigned by the Chief Inspector to the user of that mark and, where furniture only partly manufactured or prepared is marked, the words "partly prepared by" appearing above all other particulars contained in the mark, and in all cases such further particulars, if any, as may be prescribed. Every numeral and letter contained in the mark shall be not less than one quarter of an inch in height and one­eighth of an inch in width and all the particulars shall be in English.

(3) Importer's mark. Every importer's mark shall be of oblong shape and shall contain the number assigned by the Chief Inspector to the user of that mark, the words "Imported Furniture" appearing above all other particulars contained in the mark, and such further particulars, if any, as may be prescribed. Every numeral and letter contained in the mark shall be not less than one quarter of an inch in height and one­eighth of an inch in width and all the particulars shall be in English.

As to manufacturers and importers, see s. 65, 66.

69. Requirements as to stamping. Q. Act, s. 40 (2). (1) Every maker's mark and every importer's mark shall be marked on furniture by any one or more of the following ways:-

(i) by stamping with an impress stamp; or (ii) by stamping with an indelible permanent ink or permanent

stain or impression. (2) Every maker's mark and every importer's mark shall be marked

on some part of the furniture and, where the article of furniture consists of one or more movable parts, on every movable part thereof, and in all cases shall be placed in such a position as to be clearly and easily visible.

70. Offences. Q. Act, s. 45. ( 1) A person to whom a number for a maker's mark has been assigned under subsection one of section sixty­eight of this Act shall not use, or permit or allow to be used, a maker's mark or a mark purporting to be or resembling a maker's mark containing that number for any purpose other than marking furniture manufactured or prepared, either wholly or partly, by him.

(2) A person to whom a number for an importer's mark has been assigned under subsection one of section sixty-eight of this Act shall not use, or permit or allow to be used, an importer's mark or a mark purporting to be or resembling an importer's mark containing that number for any purpose other than marking furniture imported or received into Queensland by him.

(3) A person shall not-(i) falsely mark any furniture with any mark purporting to be

a maker's mark or importer's mark under this Act; or (ii) remove, erase, deface, or otherwise interfere with any mark

on any furniture purporting to be a maker's mark or importer's mark under this Act; or

382 LABOUR Vol. 8

(iii) on any furniture wholly or partly made by any person other than himself or his employees, place a mark stating or implying that such furniture was made or, as the case may be, wholly made by himself; or

(iv) sell any furniture which he knows to be falsely marked. (4) (a) A person shall not, except to the extent and in the manner

prescribed, alter, by way of addition, effacement, or otherwise howsoever, any maker's mark or importer's mark which, under or in compliance with any law (including this Part) of any State or Territory of the Commonwealth or of the Commonwealth, has been marked on any furniture:

Provided that this subsection shall not apply with respect to any such alteration made when the furniture is had in possession by a person other than the manufacturer, importer, or seller thereof and the furniture is not subsequently sold.

(b) A person shall not sell any furniture where the maker's mark or importer's mark thereon under or in compliance with any law (including this Part) of any State or Territory of the Commonwealth or of the Commonwealth, has been altered in contravention of paragraph (a) of this subsection.

(c) A person shall not be convicted of an offence against this subsection if he proves that he acted without intent to deceive or defraud.

71. Savings. Cf. Q. Act, s. 471. (1) This Part shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of this Part be brought against him, and no pro­ceeding or conviction for any offence against this Part shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.

(2) Nothing in this Part shall entitle any person to refuse to make a complete discovery or to refuse to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Part.

(3) Nothing in this Part shall be construed so as to render liable to any prosecution or punishment any employee of an employer resident in Queensland who bona fide acts in obedience to the instructions of such employer and on demand made by or on behalf of the complainant or person aggrieved has identified his employer fully and correctly.

72. (1) Inspection. Cf. Q. Act, s. 47 J. For the purposes of this Part, in addition to and not in substitution for or in diminution of the powers had by him under Part II, an inspector may-

(i) at any reasonable time enter any place where any furniture is manufactured or prepared for sale or imported for sale or sold or any place where he has reason to believe that any furniture is manufactured or prepared for sale or imported for sale;

(ii) inspect any furniture in such place; (iii) open any package found in such place containing or which

he has reason to believe contains any furniture; and (iv) upon payment or tender of a just and lawful price for the

same, take any furniture found in such place.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.70·75 383

(2) Marks to be pointed out to inspector whenever required. Q. Act, s. 46. Every occupier of a factory or a shop, and every agent or employee of such an occupier, shall, whenever required by an inspector, point out to the inspector where any and every article of furniture, the subject of that requirement in that factory or shop, as the case may be, and required by this Part to be marked, is marked in accord­ance with this Part.

For further powers of inspectors, see notes to s. 10.

73. Regulations. Cf. Q. Act, s. 47K. Without limiting the general power to make regulations conferred by section ninety-seven of this Act, regulations may be made under that section for the purposes of this Part prescribing all or any matters and things which are necessary or convenient to be prescribed for carrying out or giving effect to this Part including, but without limiting the generality of the aforegoing, the prohibiting of matters and things which may otherwise be included in makers' marks or importers' marks.

PART X-TRADE DESCRIPTIONS

74. Application of Part X. Q. Act, s. 47A. (1) The provisions of this Part shall apply with respect to-

(i) all leather goods; (ii) all textile goods; and

(iii) all other goods (in this Part referred to as "other goods") to which the provisions of this Part are extended pursuant to the provisions of subsection (2) of this section.

(2) The Governor in Council may from time to time by Order in Council made under this Act declare that the provisions of this Part shall extend to such goods, and on and from such date, as he may specify therein, and on and from the date so specified and while the Order in Council continues to remain in force the provisions of this Part shall apply with respect to all goods so specified (in this Part and in the definitions in section five of this Act of the terms "Advertisement", "Advertising matter", "False trade description", and "Trade description", respectively referred to by the term "other goods").

In this subsection the term "goods" includes anything which is the subject of trade, manufacture, or merchandise.

(3) The provisions of this Part shall be in addition to and not in substitution for or in diminution of the provisions of "The Health Acts, 1937 to 1955," or of any other Act which makes provision in relation to the trade descriptions of any goods.

As amended by Act of 1964, No. 68, s. 12. Act referred to:

Health Acts, 1937 to 1964, title HEALTH, Vol. 6, p. 763.

75. Duty to label goods. A person shall not sell any­(a) leather goods; (b) textile goods; or (c) other goods,

unless a trade description complying with section seventy-six of this Act is applied thereto in accordance with that section.

Substituted by Act of 1964, No. 68, s. 13. It is an offence to alter trade descriptions, s. 77.

384 LABOUR Vol. 8

76. Requirements as to trade description. Q. Act, s. 47D. ( 1) The trade description required by section seventy-five of this Act to be applied to leather goods shall comply in every respect with the following requirements:-

(i) the words constituting the trade description shall be written in English in clearly legible letters and shall be conspicuously stamped in or on, or attached to, the leather goods, so as to be clearly visible, by anyone or more of the following ways:-

(a) by stamping into the article; (b) by stamping the article in indelible permanent ink; or ( c) by permanently attaching to the article a woven or

printed label (and if such material is prescribed) of the material prescribed;

Oi) (in the case of leather goods made in Australia) it shall include-

(a) the words "made by" or "manufactured by" immediately followed by the name of the manufacturer of the leather goods; and

(b) the name of the State or Territory of the Commonwealth in which the leather goods were made; and

(c) the following words descriptive of the material constituting the greater part of the area of the outside of the leather goods-

(A) where the material is of leather tanned from the outside surface of hides of bovine beasts-the words "SOLID HIDE" or "TOP GRAIN HIDE";

(B) where the material is of leather tanned from the hides of bovine beasts and other than the outside surface of such hides is the finished surface-the words "SPLIT LEATHER";

(C) where the material is of leather tanned from calf skins­the word "CALF";

(D) where the material is of leather tanned from goat skins-the word "MOROCCO" or "KID" or such other word or words as truthfully describe the skins;

(E) where the material is of leather tanned from sheep skins-the word "ROAN" or "BASIL" or "SHEEP" or such other word or words as truthfully describe such skins;

(F) where the material is of leather tanned from marsupial skins-the word "KANGAROO" or "WALLABY" or such other word or words as truthfully describe such skins;

(G) where the material is of leather tanned from reptile skins-the word "CROCODILE" or "LIZARD" or such other word or words as truthfully describe such skins;

(H) where the material is of leather tanned from any other type of skins-the word "PIG" or "SHARK" or such other word or words as truthfully describe such skins;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 s.76 385

(I) where of any other material-the word "PLASTIC" or "FIBRE" or such other word or words as truthfully describe the material;

(iii) (in the case of leather goods made outside Australia) it shall include the name of the country in which the goods were made and words truthfully descriptive of the material constituting the greater part of the area of the outside of the leather goods;

(iv) additionally it shall include such other words, if any, as may be prescribed either generally or in the particular casco

(2) (a) The trade description required by section seventy-five of this Act to be applied to any textile goods shall comply in every respect with the following requirements:-

(i) it shall be written in English in clearly legible characters; (ii) it shall be attached to the goods in the prescribed manner,

or if none is prescribed, it shall be printed or stamped on, or woven into, the goods, or securely attached to the goods;

(iii) it shall be conspicuously placed so as to be clearly visible and shall be applied to the prescribed part or parts (if any) of the goods;

(iv) if the goods contain ninety-five per centum or more by weight of wool, it shall include the words "PURE WOOL";

(v) if the goods contain less than ninety-five per centum by weight of wool, it shall not include the words "PURE WOOL";

(vi) if the goods contain less than ninety-five per centum 'Lj weight of wool but not less than five per centum by weight of wool, it shall include a statement specifying-

(A) the percentage by weight of wool which is contained III

the goods; and (B) the other fibres contained in the goods in order of

dominance by weight. Where the percentage by weight of wool is greater than

the percentage by weight of any other fibre, it shall state the percentage by weight of wool first, otherwise last;

(vii) if the goods contain less than five per centum by weight of wool, it shall state the fibres other than wool in order of dominance by weight followed by the words "less than five per centum wool";

(viii) if the goods contain no wool, it shall include a statement specifying the fibre contained in the goods, or if the goods contain more than one fibre, the fibres in order of dominancc by weight;

13

(ix) if the goods contain loading or weighing substances, it shall include the word "LOADED" or the word "WEIGHTED" unless the loading substances are ordinary dressing;

(x) if the goods contain paper, it shall include a statement that the goods contain paper;

(xi) additionally it shall include such other particulars, if any, as may be prescribed.

386 LABOUR Vol. 8

(b) It shall be deemed to be sufficient compliance with subpara­graphs (ii) and (iii) of paragraph (a) of this subsection if a trade description is applied in the prescribed manner to any prescribed covering, label, reel or thing used in connection with the textile goods.

(c) Where textile goods contain less than five per centum by weight of any fibre other than wool, or paper, the description under this sub­section need not mention that fibre.

(d) In this section the term "ordinary dressing" means a dressing which-

(i) is used to meet legitimate trade requirements; and (ii) does not contain anything in the nature of an adulteration; and

(iii) does not contain anything used for the purpose of deceiving as to the quality, substance or nature of the textile goods.

(3) The trade description required by section seventy-five of this Act to be applied to other goods shall comply in every respect with the requirements prescribed by regulations in relation to those goods.

As amended by Act of 1964, No. 68, s. 14. It is an offence to alter trade descriptions, s. 77. As to false trade descriptions, see s. 78. For special provisions relating to boots and shoes, see s. 78A. Inspectors may require trade descriptions to be pointed out to them, s. 82 (2).

77. Altering trade descriptions. Q. Act, s. 47E. (1) A person shall not, except to the extent and in the manner prescribed, alter, by way of addition, effacement, or otherwise howsoever, any trade description which, under or in compliance with any law (including this Part) of any State or Territory of the Commonwealth or of the Commonwealth, has been applied to any leather goods, textile goods or other goods:

Provided that this subsection shall not apply with respect to any such alteration made when the goods are had in possession by a person other than the manufacturer or a seller thereof and the goods are not subsequently sold.

(2) A person shall not sell any leather goods, textile goods or other goods the trade description, applied under or in compliance with any law (including this part) of any State or Territory of the Common­wealth or of the Commonwealth, to which has been altered in con­travention of subsection one of this section.

(3) A person shall not be convicted of an offence against this section if he proves that he acted without intent to deceive or defraud.

As amended by Act of 1964, No. 68, s. 15.

78. False trade description. Q. Act, s. 47F. (1) A person shall not­(i) apply to any leather goods, textile goods or other goods a

false trade description; or (ii) sell any leather goods, textile goods or other goods to which

a false trade description is applied; or (iii) use howsoever in relation to the sale, or the advertisement

for sale, or for any purpose of or connected with the sale or advertisement for sale, of any leather goods, textile goods or other goods any advertising matter containing, in relation to the goods concerned, a false trade description.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.76-78 387

(2) For the purposes of subsection one of this section a trade description shall be deemed to be applied to any leather goods, textile goods or other goods if-

(i) it is applied to the article in question itself; or (ii) it is applied to any covering or thing used in connection

with the article in question; or (iii) it is used in any manner likely to lead to the belief that it

describes or designates the article in question, and whether it is woven, impressed, worked into, or appears otherwise howsoever in or on the article in question or any covering or thing used in connection therewith.

As amended by Act of 1964, No. 68, s. 16.

7SA. Special provisions relating to boots and shoes. ( 1) The provisions of this section shall be in addition to and not in substitution for or in diminution of the other provisions of this Part.

(2) Any person who manufactures for sale or sells any boots or shoes-

(a) the soles of which consist entirely of leather shall, unless the words "ALL LEATHER SOLE" are conspicuously and legibly stamped upon or impressed on each boot or shoe in the prescribed manner;

(b) the soles of which do not consist entirely of leather shall, unless a statement of the materials comprising the sole is conspicuously and legibly stamped upon or impressed on each boot or shoe in the prescri:bed manner,

shall be guilty of an offence. Where the sole consists entirely of rubber the provisions of this

subsection shall not apply. Where the only material in the sole other than leather consists of one

or more of the following:-(a) ordinary fillers of cork or waterproof felt; (b) canvas used to reinforce the insole; (c) a prescribed material used as prescribed in the manufacture

of shanks; (d) wood used in the heels of ladies' footwear; (e) stiffening of such materials and so made as prescribed,

such sole shall be deemed to consist entirely of leather and the provisions of this subsection shall apply and extend accordingly.

(3) Any person who sells or supplies any boots or shoes which do not bear the name of the manufacturer or maker stamped or marked thereon in the manner prescribed shall be guilty of an offence.

( 4) Any person who manufactures for sale or sells any boots or shoes the soles of which consist of leather having an admixture of any weighting substance specified in the regulations shall be guilty of an offence.

(5) Any tanner or other person who manufactures or sells or supplies or keeps for sale or use in Queensland any leather having an admixture of any weighting substance specified in the regulations, and which is intended for or capable of being used in the making of soles for boots or shoes, shall be guilty of an offence.

388 LABOUR Vol. 8

(6) In any prosecution under this section, any person who manu­factures boots or shoes shall be deemed to manufacture them for sale, unless the contrary is proved.

Inserted by Act of 1964, No. 68, s. 17.

79. Offences and penalties. Q. Act, s. 47G. (1) A person who con­travenes or fails to comply with any provision of this Part shall be guilty of an offence against this Act and liable-

(i) for a first such offence, to a penalty of not less than four dollars or of not more than one hundred dollars; and

(ii) for a second or subsequent such offence (whether against the same or a different provision of this Part and whether in respect of the same or a different article) to a penalty of not less than twenty dollars or of not more than four hundred dollars or to imprisonment for a term not exceeding six months or, if the offender is a corporation, to a penalty not exceeding one thousand dollars.

(2) Upon conviction for a second or subsequent offence against this Part all goods (whether leather goods, textile goods or other goods) and other things by means of or in relation to which the offence was committed shall be deemed to be forfeited to Her Majesty and shall be destroyed or otherwise dealt with according as directed by the Minister.

As amended by Act of 1964, No. 68, s. 18. Decimal currency references substituted pursuant to section 7 of Decimal

Currency Act of 1965.

80. Defences. Q. Act, s. 47H. (1) In any prosecution for contravening or failing to comply with any of the provisions of this Part, if the defendant proves that the article with respect to which the offence was committed was manufactured in or imported into the State of Queens­land before the first day of March, one thousand nine hundred and fifty-five, and that the article was held by him bona fide and without any fraudulent intention, he shall be discharged from the prosecution but shall be liable to pay the costs incurred on behalf of the prosecution unless he has given reasonable notice to the complainant that he will rely on such defence.

(2) In respect of an offence against this Part in respect of any leather goods, textile goods or other goods it shall be a defence-

(a) that at the time when the offence is alleged to have been committed the article in question bore the same trade description as had been applied to it when the defendant acquired it and that that trade description appeared to comply with this Part and had not been altered in any way by the defendant, and that on demand made by or on behalf of the complainant, the defendant gave all the information in hi,; power with respect to the person from whom he obtained the article; or

(b) (in the case of boots or shoes)-0) that the defendant has received from the person from

whom he purchased such boots or shoes, or his duly authorized agent, a guarantee in writing that the same is not mixed, composed or constituted as charged in the complaint; and

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.78-82 389

(ii) that the defendant had no reason to believe that the same was mixed, composed or constituted as charged in the complaint; and

(iii) that the defendant sold it in the same state as when he purchased it:

Provided however that a guarantee relied on pursuant to this sub­section shall be subject to such terms and conditions as may be prescribed by regulations.

(3) Any person who gives any such guarantee which is false in any particular shall, in addition to any penalty for the sale of any boots or shoes in contravention of this Act, be guilty of an offence, unless he proves that when he gave the guarantee he had reason to believe, and did believe, that the statements or descriptions contained therein were true; and it shall be no defence to any prosecution under this Act of the person giving the guarantee that he gave it more than twelve months before the institution of the prosecution.

(4) When the defendant is a servant or agent of the person who purchased the boots or shoes under such a guarantee he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the boots or shoes did not conform to the said guarantee.

As amended by Act of 1964, No. 68, s. 19.

81. Savings. Q. Act, s. 47I. ( 1) This Part shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of this Part be brought against him, and no proceeding or conviction for any offence against this Part shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.

(2) Nothing in this Part shall entitle any person to refuse to make a complete discovery or to refuse to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Part.

(3) Nothing in this Part shall be construed so as to render liable to any prosecution or punishment any employee of an employer resident in Queensland who bona fide acts in obedience to the instructions of such employer and on demand made by or on behalf of the complainant or person aggrieved has identified his employer fully and correctly.

82. (1) Inspection. Q. Act, s. 47 J. For the purposes of this Part, in addition to and not in substitution for or in diminution of the powers had by him under Part II, an inspector may-

(i) at any reasonable time enter any place where any leather goods, textile goods or other goods are manufactured or sold or any place where he has reason to believe that any leather goods, textile goods or other goods are manu­factured or sold;

(ii) inspect any leather goods, textile goods or other goods in such place;

390 LABOUR Vol. 8

(iii) open any package found in such place, containing or which he has reason to believe contains any leather goods, textile goods or other goods; and

(iv) upon payment or tender of a just and lawful price for the same, take any leather goods, textile goods or other goods found in such place.

(2) Trade descriptions to be pointed out to inspector whenever required. Cf. Q. Act, s. 46. Every occupier of a factory or a shop, and every agent or employee of such an occupier, shall, whenever required by an inspector, point out to the inspector where any and every article of leather goods, textile goods or other goods, the subject of that requirement in that factory or shop, as the case may be, and required by this Part to be marked, is marked in accordance with this Part.

As amended by Act of 1964, No. 68, s. 20. For further powers of inspectors, see notes to s. 10.

83. Regulations. Q. Act, s. 47K. Without limiting the general power to make regulations conferred by section ninety-seven of this Act, regulations may be made under that section for the purposes of this Part prescribing all or any matters- and things required or authorised by this Part to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part, including, but without limiting the generality of the afore going, the prohibiting of matters and things which may otherwise be included in trade descriptions of leather goods, textile goods or other goods or of any portion thereof. and in particular-

(a) prescribing the manner of marking the soles of boots and shoes in pursuance of section 78A of this Act;

(b) prescribing the materials of which and the manner in which shanks and stiffening, not consisting of solid leather, used in the soles of boots and shoes may be manufactured and used;

(c) specifying the weighting substances the admixture of which in leather forming part of the soles of boots and shoes is prohibited;

(d) the form and the manner in which the trade description shall be applied to textile goods or to specified portions thereof (or, if prescribed, to any covering label, reel or thing used in connection therewith);

(e) requiring the trade description to be applied to textile goods or to any portion thereof under this Part to contain such particulars as are prescribed relating to the quality, purity, or weight of the textile goods or portions thereof or the materials of which the textile goods or portions thereof are composed;

(f) prohibiting the application to textile goods or any portion thereof or the use in connection with textile goods or any portion thereof of any descriptive matter (and whether additionally to the particulars required to be contained in the trade description to be applied thereto under this Part or separately from that trade description) other than as pre­scribed to be contained in the trade description to be applied to those textile goods or that portion thereof under this Part;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.82-85 391

(g) declaring textile goods which are to be exempt from the provisions of this Part; and

(h) prescribing that any regulation or provision of any regulation shall be limited in its application to specified classes of textile goods or that the same shall apply to and with respect to all classes of textile goods other than those specified:

Provided that unless otherwise prescribed every regula­tion shall be deemed to apply to and with respect to all classes of textile goods.

As amended by Act of 1964, No. 68, s. 2l.

PART XI-MISCELLANEOUS

84. Conflict with this Act, etc. Q. Act, s. 49. (1) Where any pro­vision of any Order in Council, regulation, ordinance, or by-law made under the laws relating to Local Authorities or public health is incon­sistent with a provision of this Act (including any Order in Council, regulation, or rule continued in force by or made under this Act) the latter shall prevail and the former shall cease to apply.

(2) Anything done by a Local Authority or any officer of a Local Authority inconsistent with any power exercised or duty performed by an inspector under this Act shall be void and inoperative.

85. Publication of false statements in regard to goods, etc. Q. Act, s. 61. (1) A person shall not publish or cause to be published any statement which-

(i) is intended or apparently intended by such person or any other person to promote the sale or disposal of any goods; and

(ii) is to his knowledge false in any material particular.

(2) For the purposes of this section a statement shall be deemed to be published if it is-

(i) inserted in any newspaper or in any other publication whatever printed or published in Queensland; or

(ii) publicly exhibited-(a) in, on, over, or under any vehicle, vessel, building, or

other place whatsoever (whether or not a public place and whether on land or water); or

(b) in the air in view of persons being or passing in or on any public place; or

(c) contained in any document gratuitously sent or delivered to any person or thrown in or left upon any premises in the occupation of any person; or

(iii) publicly announced by any means of transmitting light or sound.

(3) In this section the term "goods" includes anything that is the subject of trade, manufacture, or merchandise; and the term "newspaper" includes any periodical publication.

392 LABOUR Vol. 8

( 4) In any proceedings under this section against any person for publishing or causing to be published any statement as aforesaid, if it is proved that such statement published by that person was false in any material particular, such person shall be deemed to have published the same or caused the same to be published with knowledge of its falsity unless he proves that having taken all reasonable precautions against committing that offence he had reasonable grounds to believe and did believe that the statement was true and that he had no reason to suspect that the statement was false.

(5) No prosecution shall be instituted against any person for the publication of any statement in contravention of this section unless-

(i) such person had been warned by an inspector of the falsity of such statement or of any similar statement or other state­ment substantially the same as such statement, and that the publication thereof is an offence under this section; and

(ii) the consent of the Minister to the prosecution is first obtained.

(6) This section shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of this Part be brought against him, and no proceeding or conviction for any offence against this section shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.

(7) The provisions of this section shall be in addition to and not in substitution for or diminution of the provisions of any Act (including this Act) relating to false or misleading advertisements or other statements.

86. Refrigerators, ice-chests and ice-boxes. ( 1) A person shall not sell any of the following articles, that is to say, any refrigerator, ice-chest or ice-box, which has in it a compartment of a capacity of one and one­half cubic feet or more, unless the compartment is so constructed or equipped that every door or lid of the compartment can be opened easily from the inside of the compartment when any lock or catch that can be operated from the outside of the compartment is fastened.

(2) In any prosecution for an offence against subsection one of this section it shall be a defence if the defendant proves that the refrigerator, ice-chest or ice-box with respect to which the offence is alleged to have been committed was manufactured in or imported into Queensland before the coming into operation of this section, but the defendant shall be liable to pay the costs incurred on behalf of the prosecution unless he has given reasonable notice to the complainant that he will rely on such defence.

(3) Without limit to his powers under this Act, an inspector may at any reasonable time-

(a) enter any place where refrigerators, ice-chests or ice-boxes are sold or where he has reasonable cause to believe that refrigerators, ice-chests or ice-boxes are sold;

(b) inspect any refrigerators, ice-chests or ice-boxes in such place;

(c) examine with respect to matters under this section any person employed or engaged in such place;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss.85-88 393

( d) make such examination and inquiries as he thinks necessary to ascertain whether the requirements of this section are being complied with.

(4) An inspector, on exercising any power conferred on him by this section, shall, if so requested by any person apparently in charge of such place, produce the certificate of his appointment as an inspector.

(5) No person shall hinder or obstruct, or attempt to hinder or obstruct, any inspector in the exercise by him of the powers conferred by this section.

(6) This section shall come into operation upon a day to be fixed by the Governor in Council by Proclamation published in the Gazette.

This section commenced on 2 May 1961, see Proclamation published Gazette 29 April 1961, p. 2320.

87. Permits to hold bazaars, etc., outside lawful trading hours. (1) In addition to and without derogating from the powers conferred by section eight of this Act, the Minister or the Chief Inspector may from time to time in the grantor's unfettered discretion grant a permit under his hand to any person intending to hold any bazaar or fair or sale of work or public entertainment for religious, charitable, or educational or other purposes from which no private profit is derived, permitting that bazaar or fair or sale of work or public entertainment to be held freed from the operation of all or any of the provisions of any order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or the provisions relating to trading hours of any award.

Every such permit shall be granted for such day or days and in respect of such place as are specified therein.

To the extent necessary to give operation and effect to any permit under this section, the provisions of any order under Part VIlA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or the provisions relating to trading hours of any award shall apply subject to such permit.

(2) The holder of a permit granted under this section and any person who claims to hold or to act under a permit granted under this section shall produce the same for inspection and examination whenever demanded by an inspector.

In addition to the penalty to which any such person is liable for failing to produce the permit when demanded as aforesaid, he shall be deemed to have acted without the authority of, or not to hold, such a permit.

As amended by Act of 1964, No. 68, s. 22. Act referred to:

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, post.

REQUISITIONS BY INSPECTOR

88. Inspector may require any defect to be remedied. Q. Act, s. 60 (2). Sch. III cI. 19. ( 1) In any case where in the opinion of the inspector any provision of this Act imposing any requirement as to safety, health, or welfare has not been or is not being complied with, whether by the owner, occupier, or person in charge of any factory or shop or of any building, premises, or other place to be used as a factory or a shop, or of any building or place in respect of which an Order in Council under

394 LABOUR Vol. 8

section thirty-seven of this Act is in force, the inspector may give to that owner, occupier, or person in charge a notice in writing requiring the person to whom the notice is given to comply within the period of time stated in that notice with such requirement.

The inspector shall in such notice specify the matters and things with respect to which he considers the said requirement has not been or is not being complied with.

(2) A person to whom a notice is given under this section shall within the period of time specified in the notice comply in every respect with the requirements of that notice.

(3) The fact that a notice has or has not been given under this section in relation to any matter or thing shall not be a defence to any prosecution for any alleged offence against any provision of this Act.

For further powers of inspectors, see notes to s. 10.

89. Power of Chief Inspector to prohibit the use of a building, etc., as a factory or a shop. Q. Act, Sch. III cI. 21, 22. ( 1) The Chief Inspector upon receipt by him of a report from the inspector that in the inspector's opinion any provision of this Act imposing any requirement as to safety, health, or welfare cannot be complied with in relation to any building, premises, or other place used or to be used as a factory or a shop, or any building or place in respect of which an Order in Council under section thirty-seven of this Act is in force by reason of any structural, sanitary, or other defect whatsoever in that place, may by an order in writing under his hand prohibit the use of that place as a factory, or a shop, or in the case of any building or place in respect of which an Order in Council under section thirty-seven of this Act is in force the use of that place for any purpose stated in the order, or make in like manner such other order as he may deem fit.

(2) Without limiting his powers under Part III in that behalf, where the inspector has furnished in relation to any place to the Chief Inspector such a report as in subsection one of this section is referred to, the inspector upon an application for the registration or renewal of registration under this Act of that place as a factory or a shop may, pending the decision of the Chief Inspector under subsection one of this section, refuse to register or, as the case may be, renew such registration or to issue a permit as referred to in subparagraph (ii) of the first paragraph of section eighteen of this Act.

(3) Any power exercisable or exercised pursuant to this section shall be in addition to and not in substitution for or diminution of any power exercisable or exercised in relation to the same matter or thing pursuant to any other provision of this Act, and those powers may be exercised in relation to that matter or thing concurrently.

For further powers of inspectors, see notes to s. 10.

90. Approval of inspector to be obtained to commence erection of building, etc. Q. Act, Sch. III cI. 19. (1) No owner, architect or contractor shall commence or cause to be commenced the construction of, or the carrying out of any structural alterations or additions to, any building intended for use or used as a factory or a shop unless with the prior approval in writing of the inspector thereto.

FACTORIES AND SHOPS ACTS, 1960 TO 1964 55.88-93 395

(2) Application for the approval of the inspector under this section shall be in writing and made by the owner, architect or contractor concerned and be accompanied by one copy of the plans and specifications of the proposed building or structural alterations or additions, as the case may be.

(3) The inspector upon considering such application and plans and specifications may grant his approval thereto, without conditions or subject to such conditions as to the inspector seems fit, or may refuse to grant such approval.

(4) If a building is constructed or any constructional alteration or addition to any building is carried out otherwise than in conformity in every respect with the approval of the inspector and the plans and specifications submitted to the inspector, then the owner, contractor and, if any, architect shall be severally guilty of an offence against this Act and liable accordingly.

91. Abstracts of Act, etc., to be posted up. Q. Act, s. 52. Every occupier of a factory or shop shall cause to be affixed and maintained in such place or places in or upon his factory, shop, or premises, as the inspector directs, the prescribed abstract of this Act and of the regu­lations, and in default of so doing shall be liable for a first offence to a penalty of not less than two dollars and not exceeding ,ten dollars and for a second or subsequent offence to a penalty of not less than four dollars and not exceeding twenty dollars.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

92. Offences. Forgery, etc. Q. Act, s. 55. (1) No person shall-(i) forge, counterfeit, or fraudulently alter any certificate, permit,

approval, notice, requisition, direction, exemption, order, or other document which the Minister or the Chief Inspector or any other inspector is authorised to grant or issue under this Act; or

(ii) use any such document knowing the same to be forged, counterfeited, or fraudulently altered; or

(iii) wilfully make any false entry in any register, notice, record, or book required or authorised under this Act; or

(iv) grant, issue, or use any certificate, permit, approval, notice, requisition, direction, exemption, order, or other document under this Act knowing the same to be untrue in any material particular.

(2) Wilful damage. Q. Act, s. 56. (a) No person shall wilfully cause or suffer any damage or defacement to any building, or part thereof, or to any furniture, fittings, or other appurtenances, provided for the purposes of this Act by the owner or occupier of a factory or shop.

(b) The provisions of paragraph (a) of this subsection shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of that paragraph be brought against him, and no proceeding or conviction for any offence against this subsection shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.

93. Penalties, etc. Q. Act, s. 60 (1). (1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.

396 LABOUR Vol. 8

(2) Without limiting the provisions of subsection one of this section, in every case where under this Act any requirement, obligation, or provision is imposed or required to be observed by the occupier or owner thereof in relation to any factory or shop, the conduct of its business, the treatment of persons employed therein, or otherwise howso­ever, the occupier or owner, according as required by this Act or if this Act does not specify which person then the occupier or owner according as directed by an inspector, shall cause such requirement, obligation, or provision to be complied with or observed, and if the requirement, obligation, or provision is not complied with or observed the occupier or, as the case may be, owner commits an offence against this Act and shall be liable accordingly.

(3) Every person who aids, abets, counsels, or procures, or is in any way, directly or indirectly, knowingly concerned in, the commission of any offence against this Act shall be deemed to have committed that offence and shall be liable and punishable accordingly.

( 4) General penalty. Q. Act, s. 57 (2). Any person gUilty of an offence against this Act shall, if no specific penalty is provided for that offence, be liable, in the case of a first offence, to a penalty of not less than four dollars and of not more than one hundred dollars, and in the case of a second or subsequent offence of the same kind, to a penalty of not less than twenty dollars and of not more than four hundred dollars.

If default in complying with any lawful order of an inspector under this Act is continued, after his conviction, by any person who has been convicted of the offence of failing to comply with that order, that person shall be deemed to commit a continuing offence, and shall be liable to a penalty of not more than ten dollars for each and every day during which that offence is continued.

(5) Where a person is convicted of any offence against this Act and the industrial magistrate by whom he is convicted is of opinion that such offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be imprisoned for any term not exceeding six months.

( 6) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act.

(7) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of that offence shall not be reduced below any prescribed minimum amount of penalty.

(8) Summary proceedings. Q. Act, s. 57 (5). Proceedings for offences against this Act shall be by complaint made with the authority of the Minister or the Chief Inspector and shall be heard and determined in a summary way by an industrial magistrate.

The place for hearing and the proceedings on such complaints and appeals shall be such as may be directed by the Industrial Court or as are prescribed by the Rules of Court under "The Industrial Conciliation and Arbitration Acts, 1932 to 1958," in respect of the place for hearing and proceedings on complaints and appeals under those Acts.

FACTORIES AND SHOlPS ACTS, 1960 TO 1964 ss.93-95 397

(9) Either party to the proceedings before such industrial magistrate may appeal from his decision.

(10) In any proceedings on a complaint any order which the industrial magistrate is empowered to make may be made without an application or complaint being made in respect thereof.

( 11) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

Act referred to: Industrial Conciliation and Arbitration Acts, 1932 to 1958; see now

Industrial Conciliation and Arbitration Acts, 1961 to 1964, p. 405, post.

Semble, where there is a failure to keep a factory in conformity with this Act in several respects on the same day, there are separate offences. See Armitage v. Ashbury (1914), 14 S.R.(N.S.W.) 42.

As to the liability of an occupier for an offence committed without his knowledge, see Rogers v. Barlow & Sons (1906), 70 J.P. (Eng.) 214; Ward v. W. H. Smith, [1913] 3 KB. 154; Prior v. Slaithwaite Spinning Co., [1898] 1 Q.B. 881; Thomas Walker & Co. Ltd. v. Martindale (1916), 80 J.P. (Eng.) 270.

As to whether a corporation can be guilty of an offence under this section, see Chuter v. Freeth and Pocock Ltd., [1911] 2 KB. 832; [1911-13] All E.R. Rep. 138; Evans & Co. v. London County Council, [1914] 3 KB. 315; [1914-15] All E.R. Rep. 663; R. v. Gainsford (1913), 29 T.L.R. 359.

94. Liability for offence by agent or employee. (1) Notwithstanding sections seven or twenty-three of "The Criminal Code," or any other Act or law, or any rule or practice of law, where any person commits an offence against this Act as an agent or employee, the principal or employer of such person shall be deemed to have taken part in com­mitting the offence, and to be guilty of the offence, and may be charged with actually committing it.

It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer, but it shall be a defence for the principal or employer to prove that he had no knowledge of the commission of the offence and could not by the exercise of due diligence have known of its commission.

(2) This section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed.

Act referred to: Criminal Code, title CRIMINAL LAW, Vol. 3, p. 199.

95. Facilitation of proof. Q. Act, s. 60 (1). (1) In any proceedings under or for the purpose of this Act-

(i) it shall not be necessary to prove the appointment of an inspector or the authority of an inspector to do any act or to issue any order or to give any direction or notice or to make any request or to take any proceeding, but this shall not prejudice the right of any defendant to prove the extent of such authority;

(ii) a signature purporting to be that of the Minister or of the Chief Inspector or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved;

(iii) a document purporting to be signed by an inspector and stating that at a specified time a place specified in such manner as reasonably permits of identification was or was

398 LABOUR Vol. 8

not duly registered under this Act as a factory or, as the case may be, a shop, or stating that any approval as specified of an inspector was or was not given, shall, upon its production in evidence, be evidence of the matter contained in the document, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter;

(iv) when an employee is in the opinion of the industrial magistrate apparently of the age alleged by the complainant, it shall lie on the defendant to prove that such employee is not of that age;

(v) the allegation or averment in any complaint that any building, premises, or other place is, or was at the time set forth, a factory, a shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that matter;

(vi) the allegation or averment in any complaint that the person named therein is, or was at the time set forth, the occupier or owner, according as alleged or averred, of a factory, a shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that matter;

(vii) the fact of a person being found in a factory, a shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is in force, under such circumstances as in the opinion of the industrial magistrate raises a presumption that such person was employed in, or in connection with the business of, such factory, shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is in force, shall cast the burden of proof that such person was not so employed on the defendant;

(viii) a document purporting to be either an original or duplicate copy of any certificate, order, approval, permit, requisition, direction, exemption, or notice, issued or granted under this Act by the Minister or by the Chief Inspector or by any other inspector shall, upon its production in evidence, be evidence of that certificate, order, approval, permit, requisi­tion, direction, exemption, or notice, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that certificate, order, approval, permit, requisition, direction, exemption, or notice;

(ix) a document purporting to be signed by the Director-General of Education and stating that at a specified time there was or was not in force a certificate granted, in relation to the child specified, by the Minister for Education, or the Director­General of Education or some other officer of the Department of Education, certifying that some valid excuse for the purposes of "The State Education Acts, 1875 to 1957,"

FACTORIES AND SHOPS ACTS, 1960 TO 1964 s8.95-97 399

exists for the non-attendance at school of that child shall, upon its production in evidence, be evidence of the matter contained in the document, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter;

(x) it shall not be necessary to prove the limits of any Local Authority Area or any part of any Local Authority Area, or radius or other prescribed place, or that any road or place is within any Local Authority Area or radius or other prescribed place, or that any place alleged to be a road or public place or any particular part of a road or public place is a road or public place or part thereof, or the authority of the Chief Inspector or of any inspector to do any act or take any proceedings, but this shall not prejudice the right of any defendant to prove the facts.

(2) In any such proceedings or otherwise for the purposes of this Act, the determination of the Chief Inspector as to the class of which any factory or shop or other place, or any business carried on, belongs, or that any class of classes of articles are usually sold in any class of business, shall be final; and a document purporting to be a certificate under the hand of the Chief Inspector stating the class to which any factory, shop, other place, or business mentioned in the certificate belongs, or stating that a class or classes of articles as specified are usually sold in a specified class of business, shall be conclusive evidence of the facts certified.

(3) Judicial notice shall be taken of every notification or order published in the Gazette under this Act.

Act referred to: State Education Acts, 1875 to 1957; see now Education Act of 1964,

1964 Annual Volume, p. 782.

96. Protection of inspectors, etc. No matter or thing done by the Minister, or the Board or the Chief Inspector or any other inspector, or by any other person acting with the authority of the Minister, or the Board, or the Chief Inspector or any other inspector, in good faith and without negligence for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown or the Minister or the Board or the Chief Inspector or other inspector or other person as aforesaid to any liability in respect thereof.

For general powers of inspectors, see s. 11. For further powers, see notes to s. 10.

97. Regulations and rules. Q. Act, s. 51. The Governor in Council may from time to time make regulations and rules providing, by regulation or rule, for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

Without limiting the generality of the foregoing provisions of this section, regulations or rules or both may be made for or in respect of all or any of the following purposes, matters, and things:-

(i) Officers. prescribing, providing for, regulating and controlling the powers and duties of the Chief Inspector, other inspectors, and other officers, including, where considered necessary,

400 LABOUR Vol. 8

the exercise and discharge of those powers and duties so as not to unreasonably or unduly interfere with the work or processes being carried on in any factory or shop;

(ii) Forms. prescribing forms under this Act and the respective purposes for which such forms or forms to the like effect shall be used;

(iii) Registrations, etc. providing for and regulating and con­trolling applications for and the effecting of registrations and renewals of registration under this Act of places as factories or as shops, and the granting or issuing of (or of any class of) permits, certificates, and other authorities under this Act, including in appropriate cases applications for those permits, certificates, and other authorities; providing for the circumstances, and prescribing the conditions and restrictions subject to which such permits, certificates, and other authorities or any class thereof shall be granted or issued, and making provision, where considered necessary or desirable, for and in relation to the surrender, transfer, can­cellation, and endorsement, of all or any such permits, certificates, and other authorities, the delivery thereof to inspectors for any of such purposes, and the issue of duplicate permits, certificates, and other authorities;

(iv) Registers. prescribing the form of registers to be kept for the purposes of this Act; prescribing the mode of effecting registrations under this Act; prescribing the information or particulars to be entered in such registers, and providing for all or any matters considered necessary or desirable in relation to those registers;

(v) Notices, orders, etc. providing any matters and things in relation to the giving, including the service, of notices and the making of requisitions and orders under this Act by inspectors;

(vi) Fees. prescribing fees payable under this Act (which fees may differ with respect to different matters or things or classes of matter or thing) and the matters and things and classes of matter or thing in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times when and where such fees shall be paid;

(vii) Penalties. prescribing any pecuniary or other penalty for any offences against any regulations or rules, including in the case of any offences a minimum as well as a maximum penalty, provided that any such pecuniary maixmum penalty shall not exceed two hundred dollars or in the case of a daily penalty twenty dollars per day;

(viii) Exemption. without limiting the provisions of section eight of this Act, providing for the exemption of any factories or shops (including any specified classes of factories or shops according to kind, situation, or otherwise as prescribed) from all or any of the provisions of the regulations or rules, either absolutely or subject to such conditions as may be prescribed;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 ss. 97, 98 401

(ix) Prescribed matters. all matters and things required or permitted by this Act to be prescribed by such regulations or rules, as the case may be.

(2) The power to make any regulation or rule under this Act shall include power to make that regulation or rule so that it shall be of general application or limited in its application according to individuals, individual factories, shops, or buildings or places, classes of persons, classes of factories, shops, or buildings or places (whether classified according to kind, situation, or otherwise), any work (including work included in any prescribed class of work), time, place, locality, purposes, circumstances, or otherwise as prescribed.

A regulation or rule may be made so as to apply to any building or premises whether constructed, partly constructed, or under construction.

The power to make regulations or rules for or in respect of any matter or thing shall include power to make regulations under this section prohibiting that matter or thing either generally or to meet particular cases.

The power to make regulations or rules shall include power to make different regulations or rules with respect to different matters or things and with respect to different classes of the same matter or thing.

Regulations and rules may be made under this Act at any time after the passing hereof.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

For further subjects for regulations, see ss. 64, 73, 83. For regulations, see Table of Contents, p. 276, ante. As to validity of

regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p. 72.

98. Publication of Proclamations, Orders in Council, regulations, etc. Q. Act, s. 63. ( 1) Every Proclamation, Order in Council, regulation, and rule made under this Act shall-

(i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed

and such publication shall be conclusive evidence of the matters contained therein;

(iii) take effect from the date of such publication, unless, in the case of any such regulation or rule, a later date is specified in that or any other regulation or, as the case may be, rule for its commencement when in such event it shall take effect from that later date; and

(iv) be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(2) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, regulation, or rule has been laid before Parliament disallowing such Proclamation, Order in Council, regulation, or rule, or part thereof, that Proclamation, Order in Council, regulation, or rule, or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, regulation, or rule.

402

[Section 4]

LABOUR

SCHEDULES FIRST SCHEDULE

Vol. 8

Year and Number of Act Short Title Extent of Repeal

I 64 Vic. No. 28 The Factories and Shops Act of 1900 The whole

8 Edw. 7 No.4 The Factories and Shops Act Amend- The whole ment Act of 1908

5 Geo. 5 No. 13 The Factories and Shops Acts Amend- The whole ment Act of 1914

7 Geo. 5 No. 14 .. The Factories and Shops Acts Amend- The whole ment Act of 1916

7 Geo. 5 No. 28 .. The Factories and Shops Acts Further The whole Amendment Act of 1917

10 Geo. 5 No. 22 The Factories and Shops Acts Amend- The whole ment Act of 1920

13 Geo. 5 No. 15 The Factories and Shops Acts Amend- The whole ment Act of 1922

9 Geo. 6 No. 10 The Factories and Shops Acts Amend- The whole ment Act of 1945

3 Eliz. 2 No. 34 The Factories and Shops Acts Amend- The whole ment Act of 1954

7 Eliz. 2 No. 5 The Factories and Shops Acts Amend- The whole ment Act of 1958

7 Eliz. 2 No. 47 The Factories and Shops Acts Amend- The whole ment Act of 1958 (No.2)

SECOND SCHEDULE [Section 38 (1)]

SOME SUBJECTS FOR RULES FOR THE PURPOSES OF PART V 1. Provision and maintenance of suitable accommodation, etc. Requiring for the use of persons employed in, or in connection with the business of, factories or shops or factories and shops, the provision and maintenance in any or every factory or shop or factory and shop of suitable, effective, and sufficient-

(i) Sanitary and washing conveniences. Sanitary and washing conveniences;

(ii) Baths. Baths, shower baths, and foot baths; (iii) Drinking water supplies. Drinking water supplies, including

the installation of drinking-water fountains or other appliances and individual drinking vessels;

(iv) Lighting. Natural lighting and artificial lighting; (v) Ventilation. Natural ventilation and artificial ventilation, and

measures to ensure, and when considered necessary or desirable to control, air movement and for carrying off or rendering innocuous fumes, dust, or other impurities that may endanger health or comfort;

FACTORIES AND SHOPS ACTS, 1960 TO 1964 Schedules 403

(vi) Dressing accommodation, etc. Dressing, clothes drying, and dining accommodation, rest rooms, and canteens;

(vii) First-aid. Qualified first-aid attendance and first-aid and ambulance equipment;

(viii) Fire. Fire precautions and fire-fighting equipment; and

(ix) Temperature. Natural and artificial temperature and humidity or any of these matters and things.

Z. Prescribing in respect of all or any of the matters and things mentioned in clause one of this Schedule what shall and shall not be deemed to be suitable, effective, or sufficient; and providing, where considered necessary or desirable, for the provision and maintenance thereof to be to the inspector's satisfaction.

3. Construction of factories and shops. Providing standards for and regulating and controlling, including the prohibition of, the construction of factories and of shops or any of them.

4. Unsafe places. The regulation and control and the prohibition of (including the provision of safety measures in relation to) dangerous or unsafe places and dangerous or unsafe machinery, appliances, and equipment in factories or shops or factories and shops and providing for the determination as may be prescribed of unsafe places, machinery, appliances, and equipment.

5. Unsatisfactory premises. The regulation and control and the pro­hibition of (including the provision of safety measures in relation to) unsatisfactory factory premises and shop premises and providing for the determination as may be prescribed of unsatisfactory factory premises and shop premises.

6. Accidents. Prescribing measures to be taken for the prevention of accidents in factories, shops, buildings under construction, buildings partly constructed, or other places, or in any of them; providing for the notifi­cation to the inspector of accidents in factories, shops, buildings under construction, buildings partly constructed, or other places, and, where considered necessary or desirable, the holding of inquiries into such accidents; prescribing all or any matters or things considered necessary or desirable in relation to such notifications and inquiries, including the appointment of persons to hold such inquiries, the powers, functions, authorities and duties of the persons so appointed, and empowering the directing of measures to be taken for the prevention of the repetition of such accidents.

7. Use of material. Prohibiting, limiting, and controlling the use of any material or process.

8. Duties. Imposing duties not only on occupiers, but also on owners of factories and of shops or premises in or on which factories or shops are situate, persons employed in factories and in shops, and other persons, or on any of those persons.