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FACTBHES A m SHOPS ACT 196b1983 PReprinted as at 1 Wtember, 19831

Factories and Shops Act of 1960, 9 Hiz, 2 No, 41

As amended by F w t o ~ e s a ~ d S b p s A d Amendment A d of 1963, No, 14

Trade Dwcfiptions (Texae Prodnets) Act R e p d 9 and A& Amen&emt Act of 1964, No, 68

Fotories and Shops Aets hendmnnt A d 1968, M. 32 ss. 4, 6 commenced 1 January 1969 (Proc. pubd. Ind. Gaz. 21 December

1968, p. 780). ss. 3, 5 and 7 commenced 8 January 1970 (Proc. pubd. Ind. Caz. 10 January

1970, p. 29).

Pacto.codes and Shops Aet Amendment Act 1870, E"Jo. 35 s. 9 commenced 1 January 1971 (Proc. pubd. In$. Gaz. 26 December 1970, p.

415).

Me&ic Conversion Act 1972, No. 31 P W PI, F2& Scb. Part I1 and First Sch. in relation to this Act commenced 22 June 1974 (Proc.

pubd. Ind. Gaz. 15 June 1974, g. 734).

F=&-es~es md Shops A d Amendmmt A& 1973, No. 4O ss. 4, 17-26 commenced 1 January 1974 (Proc. pubd. Ind. Gaz. 22 December

1973, p. 1458).

Factories and Shops Act Amnthaent Act 1973 ma, 21, Na. 77

Factodes and Shops Aef h m t A d 1975, NO. 45 Commenced 1 July 1976 (Proc. pubd. Xnd. Gaz. 22 May 197'6, p. 412).

Comrner ABsirs Act md Another Ad Amendment Ad 1982, N@, 13, Pw m

Part IIX commenwd 10 May 1982 (Proc. pubd. and. Gaz. 15 May 31982, g. 98).

h 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, 19601

2 ss. 1-4 FACTORIES AND SHOPS AICT 1960-1983

BE I T ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

PART I-PRELIMINARY 31. (1) Shorlt title. This Act may be cited as "The Factories ond

Shops Act of 1960".

(2) Csnmmencement 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 (Proc. pubd. Gaz. 29 April 1961, p. 2320). Collective title conferred by Act of 19'83, No. 32, s. 1 (3).

2. SeverabiEty. Q. Act, s. 1 ~ . This Act, including every Proclama- tion, 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 beell construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

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

PART I-PRELIMINARY (SS. 1-8); PART 11-ADMINISTRATION (SS. 9-14); PART 111-REGISTRATION (SS. 15-28) ; PART IV-RECORDS AND NOTICES IN FACTORIES AND SHOPS

(ss. 29-35); PART ~ - - S A F E T Y , HEALTH, AND WELFARE (SS. 36-38); PART VI-THE FACTORIES AND SHOPS HEALTH, WELFARE AND

SAFETY BOARD (SS. 39-42); PART VII-EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND

OTHERS-CERTIFICATES, &c. (SS. 43-59 ) ; PART VIIP-HOURS OF BUSINESS IN SHOPS (SS. 60-64); PART IXA-SALE OF MOTOR FUEL (SS. 7 3 ~ - 7 3 ~ ) ; PART XI-MISCELLANEOUS (SS. 84-98) ;

SCHEDULES. Abbrevilation: Q, Act-"The Factories and Shops Act of 19001" (64 Vic. No.

28) as subsequently amended. As amended by Act of 1975, No. 45, s. 3; Act of 1982, No. 13, 8. 25.

4. Repeds and savings. Sch, I . The Acts specified in the First Schedule to this Act (hereinafter in this Act referred to as "the repealed Acts9') are repaled to ,the extent in that Schedule indicated:

FACTORIES AND SHOPS ACT 1960-1983 s. 5 3

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

(i) unless herein otherwise expressly provided, every Proclama- tion, 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, shall, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effluxion of time or is repealed, amended or otherwise modified, revoked, cancelled, 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 shall 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 prose- cuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially 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 ofices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act.

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:-

"Approved association"-A body corporate or unincorporate established and maintained for the benefit of members thereof who are the holders of licenses to hire within the meaning of the State Transport Act 1960-1972;

"~ic1es"-Inoludes 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 o f the Commonwealth (including any Commonwealth Act in amendment thereof or in substitution therefor);

4 e. 5 FACTORIES AND SFIOPS kCT 196'0-1983

6'Award"-Awar.d 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;

"Bakehouse9'-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, on: cooking thereof;

"'Building"-Includes any erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;

"business name"-used in relation to the manufacturing or making of any goods by any person, the business name registered under the provisions of "The Business Names Acts, 1962 to 1965" or any legislation of any'other State or Territory of the Commonwealth corresponding to the provisions of those Acts, under which that person carries on the business of manufacturing or making those goods;

"Chief Inspectorw-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; 6"Closed"-In relation to a shop, closed by being locksd 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 timev-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 VIIA of "The Indrcstrial Conciliation and Arbitration Acts, 1961 to 1964", ,or any award, to be closed for business on any day and in relation 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;

"'construction work"-Work in connection with the construction of a factory, shop, building or other place, being work that is done or to be done at or adjacent to the site of the factory, shop, building or other place;

FACTORIES AND SHOPS AlCT 1 9 6 e 1 9 8 3 s. 5 5

"'Constructor"-A person who makes a contract with the owner of a project to perform otherwise than as a servant construction work involved in the project or, where in respect of a project-

(a) more than one such contract is made with the owner; or (b) the owner undertakes construction work as an employer,

means the owner of the project;

"Day7'-The period of twenty-four hours between twelve midnight and twelve midnight;

"Employeev-In relation to any factory or shop or other place, every person employed 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 whatsoever; and every reference in this Aot to an employee or employees shall, unless the context otherwise indicates or requires, be read as a reference in relation to the factory or shop or other place, as the case may be mentioned in that reference;

"ExXempted shop7'-Any shop specified in subsection (1) d 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; ar

(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 hished, 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.

FACTORIES AND1 SHOPS ACT' 19661983

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 co,nstructed or under construction.

Where the operations of a factory are carried on in several adjacent buildings, adjacent enclosures, or other adjacent places, all of them shall be included as one and the same factory, notwithstanding they may in fact be sepmated or intersected by a road, street, stream', building, enclosure, space, or other place not forming part of the factory;

''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 magistratev-Any person appointed by or under "The Indusaial Conciliation and Arbitration Acts, 1932 fcr 1959", to be, or to1 act temporarily in the office of, an industrial magistrate;

"'Industrial pumpv-A pump, container or contrivance connected to a bulk tank of any capacity and installed at or in the vicinity of any place for the supply of motor fuel to the occupier for his use or for the sale thereof to employees of the occupier:

The term includes any such pump, container or contrivance from which motor fuel is sold by or on behalf of an approved association in respect of a motor vehicle owned or operated by or on behalf of a member of that association;

"'Inspectorw-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;

"Local Authorityy'-A Lolcal 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 Areaw--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 cx incidental to the making, assembling, altering, repairing, renovating, preparhg, 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;

FACTORIES AM) SHOPS Ai@T 1960-1983 s. 5 7

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

"Minister"--The Minister for Development and Industrial Affairs or other Minister of the Crown charged for the time being with the administration of this Act: The: term includes any person, for the time being performing the functions. of the Minister;

"'Motor fuel"-The substance commonly known as motor spirit and any other substance capable of being used as fuel for an internal combustion engine or a compression engine: The term does not include the substances commonly known as distillate and dieseline;

"Non-exempted shop7'-hy shop other than an exempted shop, an office or a small shop;

"0ccup ie r9~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 facto~y 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;

"Oflice"--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 t e n includes the rooms occupied by draftsmen, architects, dentists, doctors, optometrists, or in which any other work of a professional nature is carried on;

"Opening timeH-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 VIIA of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964", or any award, be lawfully opened for business on any day and, in relation to any exempted shop, the time at which the exempted shop may, under the provisions of any agreement under Part VIII of this Act, be lawfully opened for business on any day;

"Order"--An order made under Part VIIA lo£ "The Zdustrircl Conciliation and Arbiiration Acts, 1961 to 1964", and in force at any material time;

"Ownerw-In relation to a factory, shop, project or any other place the person or persons whose property it is, whether jointly or severally: The term includes a mortgagee in possession and a lessee and, in relation to a project, the person or persons for whose direct benefit the project exists or will exist upon completion;

8 s. 5 FACTORIES AND SHOPS ACT 1960-1983.

"'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 on or in any land, and whether completely or

partly erected or constructed, or in the course of b'eing erected or constructed; or

(c) room in any building; 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;

"Project"-Any plan or scheme that requires the performance of construction work for its fulfilment: The term includes the product of such a plan or scheme;

"§chool age"-Years ot age prescribed for the time being by "The State Educatio~z Acts, 1875 to 1957", for the oom- pulsory attendance, where no valid excuse exists, of children at State schools or Provisional schools;

"School-leaving age7'-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;

"Shopv- (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 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

Qiii) every office.

FACTORIES AND SHOPS Alef 1%1!B3 s. 5 9

The term includes any pump, container or contpivmce for supplying fuel for use as such for operating any rnQbor vehicle.

The term does not indude the sample room of my commercial traveller.

Without limiting the meaning of the tern, a shop may be in the o1pn air or comprise a buildhg or part d a building which is only partly constmcted or under construction; or

(iv) any place used fm a pu specified by ltlne Gwemw in Council (who is hereby thereunto authorised) by Order in Yloumil.

""Sop assistant'?--Includes- (i) a person employed in or about a shop, whefier for him

or reward or not, in selling or supplying, or assist'mg in selling or supplying, artides to the public or as a messenger; and

(ii) a person engaged in delivendng adicbs from a shop;

""SaU shopw-Any shop other than an afice in the condua 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 bushes$ 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 my way wbal- soever in any other retail business;

(d) subject as provided in this definition, a person is nd engaged as an employee;

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

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

Bias binding, braid, sewing cotton, clip fasteners, press studs, combs, crwhet hooks, elastic, hooks and eyes, k n i ~ g needles, sewing needles, pins, tape, thimbles, zipps;

Boot and shoe laces, and washing-up sponges, pot cleaners, dish rimus prickers, steel wool, tin, can and bottle openers, white spirits, brushes (excluding paint brushes more than 55 mametres ius width), feather and wrodern dusters, fertilisers in packets not exceeding ,4 es, washing maps, minerd

in bottles f paint not exceehg 150 tres :

BO SS. (5, 7 FACTORIES AM) SHOlPS ACT 1960-1983

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

the ordinary working hours fixed by the relevant award;

(5) 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;

"Weep9-The period of time between midnight on a Saturday n i a t and midnight on the Saturday night next following;

"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 foflowing;

"'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 l a m y employed under Part VIP in a factory or shop.

to a fsillwe b d&ol m y at& or mnge Every reference h 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; Act of 1968, No. 32, ss. 3, 4; Act d 1970, No. 35, s. 3; Act of 1972, No. 31, s. 6 First kh.; Actof 1973, NO. 40, ss. 3, 4; Act of 19'73, No. 77, s. 2; Act of 1975, No. 45, s. 4; Act of 1982, No. 13, s. 26.

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

(2) Refercenees ka bun&ngs, ete., under cesrnsme~orn. References in this Act to any building or other premises whatsoever under eom- struction shall be read as including a building or other premises whouy rn partly under construction, rewnstructicm, rtpair, alteration wh&er by addition or otherwise howsoever, renovation, or demoIlitisn fcpr any puvose as aforesaid.

APPLICATION OF THIS ACT

7, AppIlieralion of &I$iis Act to dl. facto~es and shops h Q~neeklsland, Cf* Q. Act, s. 5. Except where otherwise expressly grovidd, the V ~ O D S of this &t shall apply throutgholnt Queenslland.

FACTORIES AND, SHOPS ACT 1960-1983 SS. 8-10 11

8, Power of the Governor in Council to exempt from Acb, Q. As$ 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 a11 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 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 declwaSL tion in question shall be and be deemed always to have been void md of no effect.

PART 11-ADMINISTRATION 9. (1) AdmilaisM~on 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 adlmiktmGon. Q. Ad, 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.

PO. (1) BEcers. Q. Act, s. 6. (a) The Governor i~ 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 d this Act.

(b) Any appointment as inspector may, if the Governor in Goans2 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 authorjity and while he holds or occupies or performs the duties of that- oflice, be an inspector in terms of such appointment, and may hold both his ofice 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 axad

Shops under and for the purposes of this Act, and shall, subject to this Act, continue to hold that office in terns of his appointment under and for the purposes of this Act.

(2) A c h g 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 &om 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 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 ) Judicid notice of noacations. Judicial notice shall be taken of every notification published in the Gazette under this section.

(4) Sadng of the appficz9pion of 13 Geo. 5 No. 31 and amenhenas thereof. Nothing in this section shall prejudice or in any way affect the application of the provisions cd "The Public Service Acts, 1922 to 1958" to my officer appointed or deemed to be appointed under and for the purposes of this Act.

(5 ) Gefificate of appoin&nmnent. 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 ) Hnspectors may act in any part of the Shte. 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 supesvisiom of the Chief Inslpeetor. (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 arrange- ments provided by this subsection shall be a matter for disciplinary action by any person by whom such adtion may be taken and shall not affect or prejudice the validity df anything done or omitted to be done by the inspector concerned.

(8) Nodiwlmme oP h . This subsection appjies save where the relevant disclosure or proposed disclosure of information is-

(a) for the purposes of this Act and in the proper exercise of functions under this Act;

(b) with the prior permission of the Minister; or

FACTORIES AND SHOPS 196Cb-1983 s. 11 13

(c) ordered by a court for the purposes of the hearing or determination of a trial, action or proceeding before that court or before any other duly constituted tribunal.

A person who is an inspector or other officer appointed for the purposes of this Act shall not disclose to any person any information that he has acquired in the exercise of his functions for the purposes of this Act with respect to any factory or shop or other place.

A person who is olr was an inspector or ,other officer appvinted for the purposes of this Act shall not, at any time, disclose to any person any information that he has acquired in the exercise of Ris functions for the purposes of this Act with respect to any manufacturing

ercial secrets or working processes. As amended by Act of 1973, No. 77, s. 3.

11, ( 1 ) Powem d inspecItcrm. Q. Act, 4;. 12. In addition to all othm powers and authorities conferred upon him by any of the other provisions of this Act, an inspector may at any time-

ti) 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 and any building or place in respect of which an Order in Council made under section 37 is in force;

(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 Fmce 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 tvvo 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 examha 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;

(ix) exercise all powers and authorities conferred upon an inspector of factories and shops by any other Act, reflation, 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;

(x) take and remove, for purposes sf analysis, samples of materials and substances, and any article or thing used or handled in connexion with the business or process carried on in any factory or shop or other place but, in the exercise of the power in this paragraph defined, he shall notify the occupier or the occupier's representative of the samples, articles or things so taken and removed.

( 2 ) Matters may be completed by Merent inspectors. Notwith- standing 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 m&e 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.

(3 ) Before an inspector enters any private dwelling-house pursuant to a power conferred by this section or by any other provision of this Act he shall, save where he has the permission of the occupier of that dwelling-house to his entry, obtain from a justice a warrant to enter.

A justice who is satisfied upon the complaint of an inspector that there is reason to believe that any premises are of a description such that an inspector is, by this Act, empowered to enter therein may issue his warrant directed to the inspector to enter the premises specified in the warrant for the purpose of exercising therein the powers conferred on the inspector by this Act.

FACTORIES AND SHOPS ACT 1960-1983 ss. 12, 13 15

A warrant issued under this section shall be, for a period of one month from its issue, sufficient authority-

(a) to the inspector to whom it is directed and to aU pr som acting in aid of him to enter the premises specified ia the warrant; and

(b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant all the powem conferred on an inspector by this Act.

For the purposes of this subsection the expression "private dwelling- house" does not include parts of premises which parts are not used exclusively for the purpose of private residence, or the curtilage of any premises.

As amended by Act of 1970, No. 35, s. 4; Act of 1973, No. 40, s. 5; Act of 1973, No. 77, s. 4.

312. Oceupiem, etc., to dlow e m y arnd hsg n. Q. As$ 4;. 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 my of the persons aforementioned, shall furnish to an inspector all reasonable assistance and all such information which that occupier, owneT, 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.

13. gllb or, etc. Q. Act, s. 13. A person shall not-

(i) assault, resist, or impede, delay or otherwise howsmva 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 answeT 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 m y 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 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;

16 ss. 14-14 FACTORIES AND SHOPS ACT 19W1983

(vi) directly or indirectly prevent any perm from app before or being questioned by an ins~ctolr , or attern@ so to do; or

(vii) USB any threat or any abusive or insulting language tot my ins or tot any employee with respect to any inspecti~a or atim 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 my queseion, or give any information, tending to criminate himself.

d m p d Q. A& s. 62. (1) The Chief Inspector s h d in evg r year prepare and submit to the Minister for the purpose dB: Morrmirng Parliament, an annual report on the administration of this Act

(2) Such report shall nolt refer by name to any particular occupier d 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 ) 'khe Minister may, after the annual report has been presented td 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. Exemp&i~ns b r n Barrt 111. Q. Act, me 4, 11. h addition to such

exemptions from this Part as may be declared under section eight d 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 s f which is occupied or used as a factory c ~ r shop; or

(iv) to any dental surgery where no employee is engaged in dental technician's work.

As amended by Aat of 1973, No. 40, s. 6 .

16. ( 1 ) F&oq or shop not to be until regbred. Q. Aclt, 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 fadory' or, as the case may be, a shop.

FACTORIES AND SHOPS 1964-1983 m. 117, 18 17

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.

(2) AppEcation 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 I1 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. AppIica~on for re@stration and renewal of registPation. 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. Powem of inspectors to' re@ter9 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 be9 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

18 ss. 19, 20 FACTORIES AND* SHOPS ACT 19W1983

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.

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.

18. Dma6ow of regiskra6asn. (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 ojf 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 registratioa is effected during any other nlonth, the last moment of the thlrty-first day of January next following,

and shall then expire unless renewed in accordance with the provisions sf 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 Pm 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 anld every cel~tificate of registration issued under the repealed Acts and in force immediately prim to' the commencement of this Part IIIH 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 111 of this Act, and shall then expire unless renewed in accordance with the provisions of this Part.

28, Renewd of re@s&a&jion. ( 1 ) 'The occupier of any place registered under this Act as a factory or shop shall, no later than the last day of February in the year in which registration would expire unless renewed, make application for the renewal of the registration.

FACTORIES AND SHOPS AlCT 1960-1983 s.21 19

(2) Where the registration of any place as a factory or shop expires by effluxion of time and is not renewed within the time prescribed by subsection (1) every person in whose name the place was so registered immediately before the expiration of the registration is guilty of an offence against this Act.

( 3 ) A person shall not bs convicted of the offence defined in subsection (2) if he proves-

(a) that on or before the date of expiration of the registration he had vacated the place so registered or had vacated the business carried on at that place and that since vacating that place or business he has duly lodged with the inspector a notice in writing in accordance with section 22 or, if the notice has not been so lodged, that he has taken all reasonable steps to secure compliance with that section; or

(b) that he has taken all reasonable steps to secure renewal in accordance with subsection ( 1 ) of the registration that has expired.

Substituted by Act of 1973, No. 40, s. 7.

21, Canee%B;ktiom of regis&aGon. 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 m,ay 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 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 ?.he 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 occupier whom the inspector shall thereunto require in writing, shows, within a time allowed by the inspector, cause to the satisfaction s f the Cbief 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.

20 SS. 22-25 FACTORIES AND SHOPS ACT 196011883

22. V a a ~ q f&oq or h p , &em Q. Act, s. 8. Whme 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 facto,ry 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 occup~tioln of re@steaed factow or shop. Q, Act, s. 8. 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. herem in imum number of employes, etc, Q. Act, s. 8. In every case where in a place registered under this Act as a factory or a shop-

(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

(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. No~fiwtim by er. 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.

FACTORIES AND SHOPS AlCT 1960-1983 S. 26-28 21

26, T e m p o r q premises. Q. Ad, s. 7. Where by reason of fire, tempest, flood, or other calamity, or through alterations, renovatims, repairs, demolition for rebuilding, or other cause, the occupier is unlable 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. Bower oif hspedor Q extend p e d t s . 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.

28, Registration fees, Q. Ad, 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 d 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 eBected 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 Exed 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 with the annual fee payable for the new registration of a factory or, as the case may be, shop having a corresponding number d persons employed or to be employed therein,

(2) For the purpse 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.

22 s. 28 ,FACTORIES AMD SHOPS ACT 1960-1983,

29. ( 1 ) T h d wages bmk. 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 evev employee--

(i) the full name and usual place of abode of the employ=, (ii) the kind of work on which he is usually employ&;

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

Qiv) the hours of his employment during each week;

(v) the weekly amount of remuneration paid to him therefor; and (vi) suck other particulars as may for the time being be prescribed.

( 2 ) Work @ven out book. Q. Act9 ss. 15, 1'9. 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, eke occupier shall at all times keep in the prescribed form, or in such ohe r 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

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

( 3 ) I k e 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 my 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 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 ccfactory9' 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 d being prepared or manufactured outside such place into articles for trade or sale; and

(ii) every merchant, wholesale dealer, shop keeper, agent, m distributor who lets or gives out material of any description for the purpose of being prepared or mamufacturd outside as 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 11% 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 occupior 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.

30. RestsiicGiisms as to work @'em om$. 0. Act, s0 85 (3). (1) h y 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 piece- work or oltheswise; 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 ho'me, d the person to whom the work is by the occupier of tho 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.

31. Factory employee working for fadory wca~piier elsewhue'than in the3 fwtoq. ( 1 ) Subjest 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.

(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 h the factory the person employed c an offence against this Act.

24 SS. 32-36 FACTORIES AND SHOPS ACT 1960-1983

32. Sa*g. Nothing in subsection two or subsection sirs: of sedion twenty-nine, or in section thirty, m in section thirty-one, of this A d shall apply in respect of any work which by reason of its paaicdar nittme cannot be performed in the factory.

33. Record of racddents, The occupier of a factory shall at all t b e s 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.

34. Power of hspector to requ%e copy of record Is be fmished. Q. AsG, s. 87 (2). An inspector may fro'm 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.

35. Knowledge of occupier. Q. Act, s. 15 (6). Hm any proceeding under or for the purpose of this Part against the occupier of a factony 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 - ~ A F E T Y , WEALTH, AND WELFARE

36. Ssvhg of Acts. The provisions of this Part are in addition to and not in substitution for or derogation of the provisions of-

(i) the Inspection of Machinery Act 195 1-1971 ; (ii) the Construction Safety Act 197 1 ;

(iii) the Health Act 1937-197 1; (iv) The Workers' Accommodation Act oj 1952; or (v) any Act for the purpose of better securing the safety of

persons employed in or in connection with the work of the construction of any building or other premises whatsoever under construction.

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:

FACTORIES A m SHOPS ACT 1960-1983 s. 37 25

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 lnecessary to give operation and effect to the rule.

As amended by Act of 1973, No. 40, s. 8.

3 X App?iicatisn of Bart V to certain premises. ( 1 ) Subject to this Act, the provisions of this Part shall, according to their intended applicatioa as expressed therein, 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 VH to any building OP other premises under constructioa 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 owner, the constnuctor (whether or not he employs any other person), and the contractor and any subcontlractor or other person employing any persons in or in connection with the work of the construction sf 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 Pare shall extend to and with respect to all or any buildings or other places in or in connectnon with. which persons are working or employed 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 other places the subject of the Order in Council ian 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 VX be read subject to any necessary adaptation and unless otherwise indicated or provided any building or other place specified in the Order in Council in question shall where necessary be deemed to be included in the term "factory", and the term "occupier" shall where necessary include the constructor (whether or not he employs any other person), and the contractor and any subcontractor or other person employing any persons in or in connection with the work of eonstmction of that building or other place, and the persons so working or employed shall be deemed to be employed in, or ira 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 Cmncil so that it shall be limited in its application-

(i) to-any one or more buildings or other places; (ii) to all buildings or other places included in any class sf

building or other place;

26 s. 38 F:AmO,RIXaIES AND SHOPS ACT 1960-1983

(iii) to all buildings or other places situated in, or in m y part of, the Area of any Local alu&ority;

(iv) to all buildings or other places included in any class of building or other place situated in, or in any part of, the Area of any Local Au&ority;

(v) otkemise as to otber place or circumstances as is grescribd therein.

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

Provided that the Governor in Council may at any later t h e again make an Order in Council under this subswtion applying this Part to md with respect to all or any of those buildings and other 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 hcluding buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops.


38. ( 1 ) Bower to m&e mBes, Without limiting the general power to make rules conferred by section ninety-seven of this Act, rules may be made under that section foe 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 iri or in connection with the work of the construction of those buildings and other premises, or, in the case of any buildings and other 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 sf those buildings and other 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 mnvenient for the purpose.

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

(2) Continuamre d serkainn rules. Without dero~ating 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 Ilundred and fifty-one, as in force

FACTORIES AND SHOPS ACT 19601-1983 s. 39 27

immediately prior to the commencement of this Act, shall continue irrr 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.

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 wake 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 make rules in addition to or in substitution for any of them.

(3) Rules md seplal~cpns deemed included in Pad 'V and Pa& M, m e r e there occurs in this Part a reference to the expression "this Part'* or the expression "'Part VH" it shall be deemed for the purpose of that reference-

(a) that rules made with respect to any matter specified in this Part, or made for the purposes of this Bart, or continuing in force by virtue of any provision of this Part are included in the provisions of this Part; and

(b) that regulations or rules made with respect to any matter specified in Part VI or made for the purposes of Part VI are included in the provisions of Part VI.


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

39. (1) Factodes and Shops Hedlh, WeBase and SdeQ B o d . Q, Ad, s. 22. For the purposes of this Bart there shall be establis%led a Board to be called "The Factories and Shops Health, Welfare and Safety Board" (in this Act referred to as "the Board").

( 2 ) Memberdip 06 the Bolad. (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 Industrial M a h , who

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

(iii) the officer of the Department of Industrial Affairs occupykg the position of the Chief Safety Engineer; and

(iv) the Chief Inspector of Factories and Shops. (c) ?'he 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 no~tification 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 appintment he represents.

28 s. 4-0 FAmQRIEX AND SHOPS ACT+ 19601-1983

A member of the Board to whom this paragraph (c) aplpllihx 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 reappointment.

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.

&. If at any time the Governor in Council considers that all olr any of the members of the Board are entitld to any allowances or fees or allowances and fees fo'r their servicss, he may determine those allowances, or fees, or, as the case may be, ~Ilowances and fees as he may think fit, and the Governor in Coundll 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 my 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) Apphmellmt depu~es, If any membm of the Board, olther 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 d~aties, 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 de~puty of the chairman or any deputy appointed under this subsection has exercised any furnction, power, or authority, or has performed any duty of the person for whom'he acts shall, until the contrary is proved, be coaclusive evidence that that deputy lawfully exercised that function, power, or authority, or lawfully performed that duty, as the case may be.


40. (1) Pre~cieedings of Board meetings. $Be Act, s. 22 (1). %be 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 m y meeting of the Board.

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

FACTORIES AND SHOPS AmCT 1960-1983 s.411 29

The Assistant Under Secretary, Department of Industrial Affairs, shall be ex officio the deputy of the chairman and may attend and preside at any meeting of the Board from which the chairman is absent for any cause whatsoever.

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

(4) % Y ~ d i @ d acts dime by the Bomd. 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 aRected by any error or defect in the appointment c3.f any such person o r by reason of there being any vacancy in the number of members at the time.


41. F~~nackicbns of tbe Board. Q. Act, s, 2% (2)- (1) Subject to tbis Act, it shall be the duty of the Board-

(a) to advise upon matters pertaining to the prevention generally sf 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 Bart 'Or 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 Bart 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;

30 s.42 FACTORIES AND SHOPS ACT 196011983

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

(f) to recommend to the Minister ways and means of f o m h g new and strengthmirag existing voluntary orgmisatims for securing the safety of persons employed in, or in connecPion with the business of, factories and shops to which Part V applies;

(g) to encourage the formation for particular hdustries of nsafetgr committees havhg for their function the suggesGng to the Board of ways and means of overcoming problems ccmnectd with the prevention of accidents in the industsg~ in question, and in particular to encourage the formation of such committees in the cenk.al and n o ~ h e m regions of the State;

(h) to make to the Minister reco endations respecting the making sf rules pursuant to the provisions of section ~ 9 - eight of this Act.

(2) In relation to its dufgr under paragraph (d) of subseclion one of this section, ,the Board may consult with organisations of employm, organisa(ions of employees, any other organisations and any individual prsons.

42. Powers apon recommendsngion of Bomd, ete. Q. Ac$ s, 22 (3). U p n 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 lander 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

( i i ) 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.

FACTORIES AND SHOP'S ACT 1960-1983 sS. 43-45 31

PART VII-EMPLOYMENT OF CHILDREN, YOUNG PERSONS AND C~THEWS-- CERTIFICATES, ETC.

43. (1) Saving of 23 Geo. 5 No. 26 as amended, md anwwards, elc., thereunder. This Part applies subject to "The Industrial Colaciliation and Arbitration Acts, 1932 to 31959", and awards and industrial agree ments 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.

(2) SaGng of 1% Gee. 6 No. 33 md 20 Geo. 5 No. 37, as sslb sequemtly amended. The provisions of this Part shall not derogate from or otherwise affect the provisions of "The Inspection of Mach.iwv Acts, 1951 to 1960", and shall be in addition to and not in substitution for m diminution of {the provisions of 'The Apprentices and Minors Acts, 1929 to 1959".

( 3 ) Exemeions. This Part shall not apply to any office which, apart from the clerical work carried on therein, would not constimte a factory or a shop, or to the rooms occupied by draughtsmen, architects, dentists, doctors, optometrists, or to rooms in which any other work d 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 employmt of that person in any office, although that office may be part of the factory or shop.

PREMIUMS

44. Prednms prohibited. A person shall not demand, accept, or agree to accept any consideration, premium, gift, forbearance, or aUow- ance 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.


AGES OF EMPLOYEES

45. ProGbifiom of emplopenf of cmdlren in farsto~es, etc. Q, Pa* 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

32 ss. 46, 47 FACTORIES AWD SHOP,§ ACT 1960-1983

[ii) any young person 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%lm]k in the morning of the day next following.

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

The conditions imposed in relation to the grant of any such germit 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 specsed in the permit.


46. PrshibiClion of emplopeat of cMdlrew h shops, The occupier of a shop shall not employ any child h, or in connection with the bur' 31l1ess of, that shop unless there has been granted by the Minister for Education, or the Director-General of Education or some other ofPicer of the Dzpartment of Education, a certificate then in force certifying that some valid excuse for the purposes of '"The Slate Education Acts, 6875 to 1957", exists for the non-attendance at schod of that child.

CERTIFICATES OF FITNESS, ETG. 47. Cerrtificatm 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 at any time employ any 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 person for that particular employment.

(2) (a) Every certificate of fitness for the purposes of this seetion 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 person to whom it relates and the nature of the employment for which the 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 sf the certificate, to any other specified factoq or factories or class ol 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 person to whom the certificate relates is of the age shown therein; and

FACTORIES AND SHOPS ACT 196@-1983 ss. 48, 49 33

(ii) that the 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.

(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 persons or of others.


48. Obtaining sf I b r i f i c e ~ c a t e s , etc., upon employment of y o ~ prsc~m. (I) 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 Pm.

49, Prc~duction of cedificates. (1) The occupier of a factory shall, on the request of an inspector, produce for inspection by the inspector-

(a) where the request is made in relation to any person employed in the factory, being one to which section 47 applies, a certificate of fitness of that person, as required by this Pat to be held by that occupier;

(b) where the request is made in relation to a young person employed in the factory, being one to which section 48 applies, a certificate of birth, or of attainment of school-leaving age by that person, 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 thixteen 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.


34 ss. 5859 FACTORIES AND SHOPS ACT 1960-1983

50. CelP&ificafte of emnpioped. Q. Ad, s. 26. The occupier of a factory or a shop shall, on the request of any person whose employmeBt 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.

531. Dliseola$in d e ~ 1 s i p d d h m d prmns, etc. Q. A& a 29. (1) Whenever the inspector-

(i) is of the opinion that a person is by disease or bodily h W t y incapacitated from working at his employment in a factory during the days and the times daily, allowed ordinarily fm 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 mupier of the factory a notice in writing requiring that the employment of such person be discontinued not later than the expiration of the period s ed 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 aa infectious disease.


52-54. (Repealed). Repealed by Act of 1983, No. 32, s. 3

55. Shop msistantq 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.

56, 57. (Repealed). Repeaied by Act of 1983, No. 32, s. 3.

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

59. (Repealed). Repealled by Act of 1983, No. 32, s. 3.

FACTORIES AND SHOPS ACT 1960-1983 s.60 35

PART VIII-~OURS OP BUSINESS IN SHOPS 68. (1) EwempQed shop. Save as otherwise expressly providd in

this Part, the provisions of this Part shall not apply with respat to the following shops (hereinafter referred to as "exempted show):--.

(i) chemists' shops and dmggistshhops;

(ii) confectioaery shops;

(iii) cooked provision shops;

(iv) fish shops; (v) fruit shops, vegetable shops, fruit and vegetaEPle shop, or

temperance beverage shops; (vi) restaurants, cafes, and refresfunent sh~ps ;

(vii) Rower shops; (viii) tob'acconists' shops;

(ix) booksellers' shops, newsagentshhops, and railway bksealls;

(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 far supplyhg fuel for use as such for operating motor vehicles provided in the case of any such pump that the person supplying fuel thereffrom 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 order under Part VIIA of "'The Industrial Conciliation and Arbitration Acts, 1961 to 1964";

(xv) shops that are art galleries; (wvi) shops of a class of shop declared by the Governor h &louncg,

by Order in Council, to be an exempted shop; (xvii) shops, other than the exemfled shops hereinbefore in this

subsection specified or declared pursumt to this subsection to be exempted shops, wherein only goods that are prescriw to be exempted goods are stocked or sold.

( 1 ~ ) In respect of- (a) the stocking or sale in any exempeed shop s p c z e d in

provisions (i) to (xvi) both inclusive of subsctim ( 1 ) of goods other than goods that are prescribed to be eexempd goods; or

36 s. 61 FACXORIE§ AND SHOPS ACT 1960-1983

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

the provisions of this Part shall apply to such a shop and a reference in this Part to an exempted shop shall not include such a shop.

d 18 EEz. 2 No, 25 (irnclu&ng awarb). The provisions of this Bart shall not derogate from or otherwise affect the provisions of "The Industrial Conciliation and Arbitration Acts, 1961 to 1964" (including all awards and aPI orders under Part VIIA 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 VIIA 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 m y reference in this Part to the employment of any person in, or in con- neotion with the business of, a shop, shall be deemed not to refer to the employment of that person in any oEce, although that oflice 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 A d 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 Council or 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; Act of 1973, No. 40, s. 16.

61. Clloshg hours sf 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 olf any shops are fixed by an order under Part VIIA of "The Irrdustrial 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 sucb days, as to give effect to and ensure compliance with in all respects the provisions of the order or award.

FACTORIES AND SHOPS ACT 1960-1983 ~ ~ . 6 2 , 6 3 37

(2) Every shop shall be kept closed, regardless of the class or classes of business carried on therein, at all times on any m d every Sunday or holiday as follows, namely-Christmas Day, Good Friday, Easter Satur- day (the day after Good Friday), Easter Monday, the first day of January, the twenty-sixth day of January, the twenty-fifh day of April ( h m c Day), Labour Day (the first Monday in May or other day appointed under "The Holidays Ads, 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 80 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, o r 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.


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

(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) HawEng. No person shaU 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 my order for the sale by retail of; or

( i i i ) sell by auction, any articles of a class usually sold in any class of business c m k d spn in any shops in that city, town, or pa19 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. $p id pmisiow at t~ exempted shop. 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 Aut.hority 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.

38 s.63 FACTORIES AND SHOPS ACT 1960-1983

The matter of whether or not such occupiers so a g e s shall be determined by ballot or in meeting held as prescribed at which no't 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 m y 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 specificd in the notice, in the said Local Authority Area or pad d the Local Authority Area, as the case may be, the half-holiday in each w e as specified shall be observed by all shops of the classes set foah, or dl shops of the classes set forth shall be closed at and remain closed durhg the hours specified, or both of those matters, according to the ageernermt:

Provided that whenever the Minister thinks it desirable in elhe public interest so to do he may at his unfettered discretion modify from t h e 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 cmcellati~n the Mhister shall publish in the Gazette a noitice thereof.

Where the Minister is sf 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 cd 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 elhemselves as to the shop or shops which shall be kept opera during the time &xed by the hIinister, 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.

42) Every agreement notified in the Gazette pursuant to this section, and, if modified by the Minister, as modified in the ~ottification sf such modification published in the Gazette, shall during the currency thereof be bindi1:g 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 cancellatioil pursuant to this section, and so m accordingly.

FACTORIES AND SHOPS ACT 1960-1983 s . 6 3 39

(3) Where and sol far as any agreement (hcluding, where that agreement is modified, that agreement as modified) is by this section binding in relation to any exempted s h q then the occupier d that exempted shop-

(i) if the day to be observed in respect of the exempted shop fm the half-holiday in each week is &xed thereby, shall n& fail ts 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 cm any day of the exempted shop is fixed thereby, shall. not fail to dose his shop on that day at that closing time;

4%) 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 dl times during those hours on that day;

(iv) shall n d fail to comply with any other provision whatsoev~r of such ageernent.

This subsection doles 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 ( I ) of this secticm-

(a ) the term "'occupier7' 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

(b) such tern 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 m 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 olr 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.

40 5s. 64 -73~ FAmBRIES AND SHOPS ACT 1960-1983

Where pursuant to eha foregoing provisions of this subsection, my pmsm votes in any balloft or meetiung by virtue of being the no&= of two or more persons who we the occupiers of any exempted s h q then neither such nominee nor my other person whose no shall vote in such b d s t or meetkg in respwt of any other e x m p t d h q a

As mended by Act of 1963, No. 14, s. 2.

64. Power ts m&e replla~om, The power to make regulla~om under this Act shall include power to make replations prescibing either generally or to meet particular cases aU or any matters or things requked or permitted by any provision of this Part to be prescribed or necessargr or convenient to give effect to or to carry out the objects of all or any of the provisions of this Part, includisg, but without limiting the generdiq of the foregoing-

( i ) prescribing, regpllating, and controlC%bg the manner of holdhg 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 %ee shall be paid into Consolidated Revenue); or

(ii) providing for the edorcement of a direction by the Minister that any shop or shops ima any Local Authority Area or part of a Local Authority Area are to be kept open during such b e as the M ~ s t e r shall have f i ed after the closing hours obsemed or agreed upon .in such area or part.

Part IX (Heading and ss. 65-73) (Repealed). Repealed by Act of 1982, No. 13, s. 27.

" 7 ~ ~ Restrictions sn sale. (1) A person shall not sell motor fuel by retail from any shop unless there is in force at the material t h e in respect of that shop a permit issued pursuant to this Part.

( 2 ) For the purposes of this section a sale by retail does not include a sale--

(a) by or on behalf of a person to his employee in respect of a motor vehicle registered under the 1Wdkin R o d Act 1920-1972 in the name of that employee;

(b) in a quantity of 200 litres or more; (c) from an industrial pump owned or operated by an approved

association to a member thereof in respect of a motor vehicle the subject of a license to hire within the mewing of the State Transport Act 1960-1972;

(d) of a prescribed class or kind, but includes a sale of any class or kind by means of a coin-operated self-service pump.

Heading inserted by Act of 1975, No. 45, s. 5 . 9. 7 3 ~ in~e r t ed by Act of 1975, No. 45, s. 5.

gA.CTOIPI1E'S AND SHO,P,S ACT 1960-1983 ss. 7313, 73c 41

7313. Permits. (1) The chief Inspector may grant and issue permits to which this Part applies.

(2) (a) An application for a permit- ( i) shall be made to the Chief Inspector;

(ii) shall be in the prescribed form; (iii) shall specify by a sufficient description the shop at or in

which the applicant carries on or intends to carry on business;

(iv) shall contain such other particulars as are prescribed; (v) shall bc accompanied by the prescribed fee.

(b) The Chief Inspector shall consider each application having regard to such matters as are prescribed and may approve or refuse it.

(6) Where an application is approved, the Chief Inspector shall grant and issue a permit in respect thereof.

( 3 ) A permit to wl~jch this Part applies- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period; (d) shall be subject to such terms, eonditians or restrictions as

are prescribed; (e) may be renewed.

(4) A person shall not contravene or fail to con~ply with a term, condition or restriction to which a permit issued under this Part is subject.

Inserted by Act of 19'75, No. 45, s. 5 .

"93. Cancellation of pernit. (1) The Chief Inspector may cancel a pemit grmted and issued pursuant to this Part if-

(a) the pemit was issued in error or granted in consequence of any false or fraudulent document, statement or representation;

(b) the holder of the permit- (i) is convicted of am offence against this Act; (ii) contravenes or fails to comply with a term, condition or

restriction thereof; (iii) ceases to exercise the authority thereby conferred ow him;

or ( c ) the Chief Inspector is of opinion that, by reason of! the

manner in which the holder of the permit conducts h h s e z in the exercise of the authority thereby confened on him or by reason of any other fact. or circumsta~ce, the holder is not a fit and proper person to hold the permit.

(2) The ebief Inspector shall give to the holder of a permit notice of the cancellation thereof and the holder shall within seven days after receipt of that notice deliver up the permit to the Chief Inspector.

InAserted hy Act of 1975, No. 45, Y. F

42 SS. 73~-85 FACTORIES AND SHOPS 1960-1983

7330. PermalGes for offences. A person who commits an offence against this Part is Ziable-

(a> for a first offence, to a penalty of $200; (b) for a second or subsequent offence, to a penalty of $1 000.

Inserted by Act of 1975, No. 45, s. 5.

7 3 ~ . Appeal from decision of Chief Inspector. (1) A person aggrieved

(a) the refusal by the Chief Inspector of an application for 8 permit under this Part or any renewal thereof;

(b) the cancellation by the Chief Inspector of a permit under this Part,

may appeal therefrom to an industrial magistrate who shall have jwis&c- tion to hear and determine the appeal.

(2) An appeal under this section shall be hstituted w i t b 30 days after notification sf the refusal or cancellation to the person aggrieved and no later by filing with the clerk of the court a notice of appeal stating briefly and clearly the grounds of appeal.

Procedure on the appeal shall be as prescribed. Inserted by Act of 1975, No. 45, s. 5.

73~. Determination of appeal. (1) By way of determining the appeal. the industrial magistrate may confirm or set aside the decision of the Chief Inspector in issue and may make any determination and order that the Chief Inspector could properly have made under this Part with respect to the matter in question and may make such order as to costs as he thinks fit.

(2) Either party to the proceedings before the industrial magistrate may appeal from his decision to the Industrial Court and all prmeedings upon that appeal shall be as prescribed by Rules of that Court.

Inserted by Act of 1975, No. 45, s. 5.

Part X (Heading and ss. 74-83) (Repealed). Repealed by Act of 1982, No. 13, s. 28.

84. CcomAlict with &is Act, ets. 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. (Repealed). Rcpealed by Act of 1970, N o . 3 5 , s. 9 (as froin 1 J a n u a r ) 1971).

FACTORIES AND SHOPS ACT 19613-1983 SS. 86, 87 43

86. ReKgemraBtors, ice-chmh a d 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 0.04 cubic metre 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 s f the compartment when any lock or catch that can be operated f m fkhe outside of the comp ent 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 i s 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 mmplahant h a t 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-boxfs in such place;

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

(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) 'P7.lis section shall come into operation upon a day to be fixed by the Governor in Council by Proclamation published in the Gazette.

i"i; amendccl bq Act of 1972, ?lo. 31, s. 6 First Sch.

87. Pernits to hold bazaars, eke., oubide It~dnFi ftradkarg hours. ( ]I ) 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 h e 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

44 s. 88 FACTORIES AND SW0IP.S ACT 1960-1983

m fair or sale of work or public entertainmnent to be held freed from the operation of all or any of the provisions of any mder under Part VIIA of "'The Industrial Onciliation and Arbitration Acts, I961 to 1964", or the provisions relating tot trading hours aplf any award.

Every such permit s h d be granted for such day or days and in respect of such place as are specsed therein.

TO the extent necessary to give operation and effect to any p e M t under this section, the provisions of any order under Part Vhha of "The Industrial Conciliation and Arbitration Acts, 1961 to 196$", or the provisions relating to trading hours of any award shall apply subject to such pemit.

(2) The holder of a pemit granted under this secti~an and any prson 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 filing 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.


REQUISITIONS BY INSPECTOR

88. Inspetor may reqr~iae any defed to be remedied. Q. Act, s. 60 (2). &h. III cl. 89. (1 ) In any case where in the opinion of the inspector any provision of this Act imposing any requirement as to safety, health, or weIfare has not been or is not being complied with, whether by the owner, occupies, constructor 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 other place in respect of which an Order in Council under section thirty-seven of this Act is in force, the inspector may give to that owner, occupier, constructor 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.

As amended by Act of 1973, No. 40. s. 27,

FACTORIES AND SHOPS ACT 1960-1983 ss.89,90 45

89. Poww of Chief H I P ~ & M to- pr0iEbit the me ot a bddiaag eke, as a fadoq or a shop. Q. Ad, Ssh. IIH el. 21, 22. 4 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 o t h e ~ 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 other place in respect of which an Order in Council under se~t ion 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 IBI in that behalf, where the inspector has furnished in relation to any place to the Chief I n s p ~ t o r such a report as in subsection one of this selction is referred to, the inspector upon an application for the registration or renewal of registration under this Act of that place as a factory o r 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 f a 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.


90. Appsovd of inspector Q be slbtbgsaiiwed to conranmace e m ~ o n @!I brcaiBdhg, etc. Q. Ad, &ha HU ell. 19. (1) No owner, architect or contractor shall commence o r cause to be commenced the cmstmctim of, or the carrying out of any structural alterations o.r 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.

(2) Application for the approval of the inspector under this section shall be in writing and made by the owner, architect o,r 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 applicati~n 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.

46 SS. 91-93 FACTORIES AND SHOPS ACf 1960-1983

44) If a building is constructd or any constmctimal alteration QP addition to any building is carried out otherwise than in conPoid@ ia every respect with the approval of the inspector m d the plans and spsc8cations submitted to the inspector, then the owner, contractor and, if my, architect shall be severally guilty of an offence a and liabla accordingly.

91. ABb&am @# A& @bee, to k +d ap. Q, AC$, S. 52, E v q 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 prerrtisas, as the inspector directs, the prescribed abstract of this A d and of th.be replations, and h dsfault of so doing shall be liable f a - a first offence to a penalty o£ not less than two dollars and not exceeding ten dollars and for a swond or subsequent offence to a penalty d not less than four doUars and not mceeding twenty ddlars.

Decimal currency references substituted pursuant to section is of Decimal Currency Act of 1965.

( i ) forge, counterfeit, or fraudulently dter any ceheiticate, p d d , approval, notice, requisition, direction, exemption, order, or other document which the Minister or the Chief hsgector or any other inspector is auhorisd to grant or issue under this Act; or

( i i ) use any such document bowing the 'same to be forged, counterfeited, or fraudulently altered; or

(iii) wilfully make any false entry in any register, noti&, record, or book required or auehorised under this Act; or

(iv) grant, issue, or use any certificate, permit, approval, notice, requisition, direction, exemption, order, or other documeppe under this Act knowing the same Its be wtrue h any material particulah.

( 2 ) Wan1 damage. Q, A&, s. 56, (a) No person shall wilfdly cause or suffer any damage or defacement to any building, or part thereof, or to any furniture, fittings, or other appurtenances, provided for the p u p s e s 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, a d no proceeding or conviction for any offence against this subsection $hall affect any civil right or remedy to which any person aggrieved by &e offence may be entitled.

93. PemlGes, etc. Q. AcG s. 60 (1) . (1) Any person who contravenes or Pails to comply with any provision of this Act shall be guilty of an offence against this Ace.

FACTOR1E.S AND SHOPS ACT 1960-1983 s, 93 47

(2) Without limiting the provisions of subsection ( I ) , in every ease where by or under this Act any requirement or obligation is imposed on or any provision is required to be observed by the occupier, constructor or owner thereof in respect of any factory or shop, or in respect of any building or place in relation to which an Order in. Council made under section 3'7 is in force, or in respect of the treatment of persons employed therein or otherwise howsoever, the occupier, constmctor or owner according as he is required by this Aek or if this Act does not specify which person, then the occupier, constructor or owner according as directed by an inspector, shall causs the rquirement, obligation or provision to be complied with or observed and if the same be not complied with or observed the occupier, constmctor or owner shall, as prescribed by this subsection, be guilty of 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, th of any offence against this Act shall be deemed to have c offence and shall be liable and punishable accordingly.

(4) Gelracerd pedQ, Q. Act, s. 5"6(2). Any person guilty of an offence against this Act shall, if no specific penalty is provided for Shat 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 penalv 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 bis conviction, by any person who has been convicted of the offence of failing to comply with that order, that person shaU be deemed to commit a continuing offence, and shall be liable to a pnalty of not more than ten dollars for each and every day during which that offence is continued.

(5) W e r e 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 m y tern not excedhg six months.

(6) h y penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under algis Act.

(7 ) Notwithstanding anything in any Act to the contramy., where my person is convicted of any offence against this Act the penalty to be hposed in respect of that offence shall not be reduced below any prescribed minimurn amount sf penalty.

(8) S u m m w prraaceedings. Q. Act, s, 57 (5). Proceedings for offences against this Act shall be by complaint made with the authority of the Minister ( 4 1 ~ the Chief Inspector and shall be heard and determined in a summary way by an industrial magistrate.

48 ss. 94, 95 FAnORIES AND SHOPS A m 1960-1983

The place for hearing and the proceedhgs on such complaints a d appeds shall be such as may be ~ e d e d by the Industrial Court or as are prescribed (by the Rules of C'ourt under "The Industrial Concili~tion and Arbitration Acts, 1932 to l958", in respect of 'the place for hearing and proceedings on complaints and appeals under those Acts.

(9) Either party to the proceedings before such h d u s ~ a l maas&ate may appeal from his decision.

(10) In m y prmeedings on a complaint any order which the hnadustrial magistrate is empowered to make may be made wihout an application or complaixat being made inn respect thereof.

( 3 1 8 ) A prosecution for an offence against this Act may be hstituted at any time wifiin twelve months after the 6: ssion of the 0bt"ence.

As amended by Act of 1973, No. 40, s. 29. Decimal currency references substituted pursuant to section 7 of Dseinaal

Currency Act of 1965.

94, Liabai$ for o E ~ ~ c Q ? by agent ~r empllogw. ( 1 ) Notwi&hstandirag sectloans seven or twenty-three of "'The Crirninal Code", or any crt11e.r Act or law, or any rule or practice of law, where any person oEence against this Act as an agent or employee, the prhcipd or employer of such person shall be deemed to have taken part in com-

be guilty of the offence, and may be charged

aterial that the offence was commiaed without the authority or contrary to the instructions of the principal or employer9 but it shall be a defence for the principal or employer to prove that he had no howledge of the commission of the offence and could not by the exercicise of due diligace have known of its co

(2) This section applies so as not to prejudice any liability imposed under this Act upon any person by whom m y offence against this Act is acwally committed.

95. Pacaih~oli~l ~4 proof. 8, Act, so 60 (11, (1) In any pracairag 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 my 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 rigbt 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;

F A C T O R I E S A N D SHOPS A C T 1960-1983 s. 95 49

(%) a document purporting to be signed by an hspwtor and stating that at a specified time a place specified in such manner as reasonably permits of identiiication was or was 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 to the contrary, shall be conclusive evidence of such matter;

(iv) when an employee is in the opinion of the industrid 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 burerment 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 other place in respect of avhich an Order in Council under section thirty-sevcn of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence to the contrary, shall be conc%usive 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, constructor or owner, according as alleged or averred, of a factory, a shop, or a building or other place in respect of which an Order in Coul~cil under section thirty-seven of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence to the contrary, shall be conclusive evidence of that matter;

(vii) the fact of a person being fiound in a factory, a shop, or a buildjng or other place in respect of which an Order in Coluncil under section thirty-seven of this Act is in force, under such circumstmces as in the opinion of the industrid magistrate raises a pres~~~~mption that such person was employed in, or in connection with the business of, such factory, shop, or a building or other place in respect sf which an Order i;l Council under section thirty-seven sf this Act is in force, shall cast the "ourden of proof that such person was not so employed on the defendant;

(griii) 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, reqcjsi- tion, direction, exemption, or notice, and, in the absence of evidence to the contrary, shall be conclusive evidence of that certificate, order, approval, permit, requisition, direction, exemption, or notice;

3) s. 95 FACTORIES AND SHOPS ACT 1960-1983

(ix) a document purporting to be signed by the Director-Generd of Ed'ucation and stating that at a specified time there was or was not in force a certificate grarated, in relation tot the child specified, by the Minister for Education, or the Director- General of Education or some other officer of the Depart- ment of Elducation, cert%ing that m e valid excuse for the: purposes 04 "The State Education Acts, 1875 to B957'99 exists for the non-attendance at school of that child shall, upon its production in evidence, be evidence of the matter contahed in the document, and, in the absence of evidence to the contrary, shall be conclusive evidence of such matter;

(x) it shall not be necessary to prove the limits of any Ewd 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 mad or public place or any particular part of a road or public place is a road or public place olr part thereof, or the authority of the Chief Inspector or of any inspector to do any a'ct or take any proceedings, but this shall not prejudice the right of any defendant to prove the facts.

(xi) a document purporting to be signed by an inspector and stating that at a specified time an application for the renewal of registration of a place as a factory or a shop (as required by section 20) was or was not made in respect of a place specified in the document in such manner as reasonably permits of identification shall, upon its production in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter;

(xii) a document purporting to be signed by an inspector and stating that at a specified time a notice in writing of the vacating of a factory or a shop or of a. business carried on at a factory or shop (as required by section 2 2 ) was or was nlot lodged in respect of a place or, as the case may be, a business specified in thc document in such manner as reasonably permits of identification shall, upon its production in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter;

(xiii) a docun7ent purporting to be signed by an inspector and stating that at a specified time, in respect of a place specified in the document in such manner as reasionably permits c& identification, a person named in the document is or was tQe holder of the certificate of registration of the place as a factory or a shop shall, upon its pxoducti~on in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter.


42) Pn my such proceedings or sthenvise 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 or 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 h the certificate belongs, or stating that a class or classes of articles as specified are usually sold in a speczed class of business, shall be conclusive evidence of the facts certified.

( 3 ) Judicial notice shall be taken of every noitification or order published in the Gazette under this Act.

As amended by Act of 19'93, No. 48, s. 38.

96. Protwajion (PI iiBY1speet~brs~ etc. NO matter or thing done by the M ~ s t e r , or the Board or the Chief Inspector or any other inspector, or by any other person acting with the authmity of the Minnister, or the Board, or the Chief Inspector or any other hspscbo,r, in good faith md e thout negligence for the purpose sf executing this Act s r in the execution of his powers and duties under this Act, shall subject the C r o w or the Minister ,or the Board or the Chief Inspector or o ~ e r hspectsr or other person as aforesaid to any liability in respect thereof.

97, RepIafiaPrns and rules, Q. Ad9 s. 51. (1) 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 pa&icular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purgoses 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 01- any of the following purposes, matters, and things:-

(i) Oficers. prescribing, providing for, regulating and controlling the powers and duties of the Chief Inspector, other inspectors, and other officers, including, where considered necessary, 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) Foms, prescribing forms under this Act and the respective purposes for which such forms or forms to the like effect shall be used;

(iii) R+strsagons, etc. providing for and regulating and controlling applications for and the eflecting 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 restriction? subject to which such permits, certificates, and other authorities or any class thereof shall be granted or issued,

52 s. 97 FAC%ORIm AND SMQPS ACT 11960-1983

and making provision, where considered necessav 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) Re@&ers. pescribing 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 aU1 or any matters considered necessary or desirable in relation to those registers;

(v) No~cres, olrders, etc, providing my 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;

(vE) Pewal~es. 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 nlaximurn penalty, provided that any such pecuniary maximunl penalty shall not exceed two hundred dollars or in the case of a daily penalty twenty dollars per day;

(viii ) Exempeon. without limiting the provisions of section 8, (A) providing for the exemption of factories and shops (either

singly or by reference to a specified class of factory or shop according to kind, situation or otherwise as prescribed) ; or

(B) authorizing a prescribed person to exempt, as that person specifies, factories and shops,

from all or any of the provisions of the regulations and rules either absolutely or subject to prescribed conditions or, where the exemption is granted by a prescribed person, as that person specifies.

(ix) Paescrjbed maNelrs, all matters and things required or permitted by this Act to be prescribed by such regulations or niles, 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 factorieq, shops, or buildings or other places, classes of persons, classes of factories, shops, or buildings or otlier places (whether classifietf according to kind, situation, or otherwise), any work (including work included in any prescribed class of work), time, place, locality, purposes, circumstances, or otherwise a? prescribed.

FACTORIES AND SHOPS ACT 1960-1983 s .98 53

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.

( 3 ) The regulations and rules may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a likme body identified in the regulations or rules,

As amended by Act of 1973, No. 40, s. 311. Decimal currency references substituted pursuant to section 7 of Decimd

Currency Act of 1965.

88. 1PuMication of Proclamations, Orders in Council, regulatiom, @tee 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, lx judicially noticed and

such publication shall be conclusive evictence 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.

54 Sch. I, Sch. 11, cl. 1 FACTORIES AND SHOPS ACT 1960-1983

64 Vic. No. 28 " The Factories and Shops Act of 1900 "The whole

Uh,w Bction 41 HRST SCHEDULE

8 Edw. 7 No. 4

5 Geo. 5 No. 13

7 Geo. 5 No. 14

7 Geo. 5 No. 28

10 Geo. 5 No. 22

13 Geo. 5 No. 15

9 Geo. 6 No. 10

3 Eliz. 2 No. 34

7 Eliz. 2 No. 5

7 Eliz. 2 No. 47

Year and Number of Act

6' The Factories and Shops Act Amendment Act of 1908 "

'' The Factories and S h o ~ s Acts Amendment Act of 1914 "

" The Factories and Shops Acts Amendment Act o f 1916 "

Short Title

66 %e Factories and S h o ~ s Acts Further

Extent of Repeal

Amendment Act of 1917 '" " The Factories and S h o ~ s Acts Amendment

Act of 1920 " "The Factories and Shops Acts Amendment

Act of 1922" " The Factories and Shops Acts Amendment

Act o f 1945 " " The Fhctories and Shops Acts Amendment

Act of 1954 " " The Factories and Shops Acts Amendment

Act of 1958 " " The Factories and Shops Acts Amendment

Act of 1958 (No. 2) "

The whole

The whole

The whole \

The whole

The whole

The whole

The whole

The whole

The whole

The whole

Sworn XMEDULE As amended by Act of 1973, No. 40, s. 32.

[ h t i o n 38 ( I ) ] SOME SUBJECTS FOR RULES FOR THE PURPOSES OF PART V

I. Provisiom and w h t e of suitable accomaraodatiom, 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) S a ~ w a d w m h g ~onve~cencm~ Sanitary and washing conveniences;

(ii) B a ~ . Baths, shower baths, and foot baths; (5) D g water suppEes. Drinking water supplies, including

the installation of drinking-water fountains or other applianceir and individual drinking vessels;

(iv) Li&Bh.~g. Natural lighting and artificial lighting; (v) Ven*Gom. 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;

(vi) Dressing xcornmcodation, etc. Dressing, clothes drying, and dinin$ accommodatim, rest rooms, tool lock-ups and canteens;

FACTORIES AND SHOPS ACT 1960-1983 Sc,h. II, ctl. 2-8 5.5

(vii) F h t I d . Qualified first-aid attendance a d fist-aid and ambulance equipment;

(viii) Fke. Fhe precautions and fie-fighting equipment; and (k) Tern e. Natrara1 and mificia1 temppaare and

humidity, or any of these mattm and things. As amended by Act of 1973, No. 40, s. 32 (a).

2. 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

ed to be suitable, effective, or sufficient; and providing, where mnsidered necessary or desirable, for the provision and mahtenance thereof to be to the inspector's satisfaction.

3. C o n s h d o n ~4 faekories md ef shopse Providing stmdards far and replating and controlling, induding the prohibition of, the wnstruction d factories and of shops or any of thean.

4. U n d e placw, The rewlab%ion and control and the prohibition of (hcluding the provision sf safety measures in relation to) dangerous or unsafe places and hngercppas or unsafe machinery, appliances, and quipmmt in factories or shops or factories and shops and providing for the determina%ion as may be prescribed of unsafe places, machineu, applhces, a d equipment.

5. Unsa*flipcIt~)~ pwhses* 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 unsaeisfactosgr factory premises and shop premises.

6. Accidents. Prescribing measures to be taken for the prevention sf accidents in factories, shops, buildings under construction, buildings partly constructed, or other places, or in any of them; providing for the amotifi- cation to the inspector of accidents in factories, shops, buildings under eonstmctioin, buildings partly constructed, or other places, and, where considered necessary or desirable, the holding of inquiri~s into such accidents; prescribing all or any matters or things considered nwessary 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 empwering the directing of measures to be taken for the prevention of the repetition of such accidents.

7. Use of matedd, Prohibiting, limiting, and csntro%ling the use of any material or process.

8. Duties. Imposing duties not only on occupiers, but also on constructors, owners of factories and of shops or premises in err on which factories or shops are situate, persons employed in factories and in shops, and other persons, or on any of those persons.

As amended by Act of 197.3, No. 40, s. 32 (b).

$5978--By Authority: S. R. I ~ A M P S O N . (iovernrnent P r i n t e r . Oueensla~id

[This page is intentionally blank]

TO

FACTOWES AND SHOPS ACT 1960-1983

A Abstracts-

of Act. Regulations. etc., to be posted up . . Accidents-

duty of Board to do certain things re . . . . record of. power of inspector to require copy of record of. to be kept by occupier of factory . .

Act- administration of . . . . . . . . application of . . . . . . . . . . commencement of . . . . . . . . parts of . . . . . . . . . . . .

. . . . . . . . . . severability Short title . . . . . . . . . . . .

Administration- of this Act. cost of ' . . . . . . . . of this Act. who by . . . . . . . .

Advertising matter- meaning of . . . . . . . . . .

Agent- knowledge oC in certain circumstances presumed to be

knowledge of occupier liability of principal for offence by . . . . . . . . of occupier or owner of factory or shop to furnish assistance

to inspector

Agreement- of occupiers of shops in local authority and as to closing

hours

Aiding and abetting. etc.- generally . . . . . . . . . . . . . . . .

Allowances or fees- may be granted to Board members . . . . . . . .

Annual report- by Chief Inspector. matters not to be disclosed . . matters contained in. what may be published by ~ i n i s t e r . . to be prepared by Chief Inspector . . . . . . . .

Appeal- from decision of Industrial Magistrate . . . . . .

Application- for approval to commence erection of building . . . . for mark. etc . . . . . . . . . . . . . . . for registration . . . . . . . . . . . . for renewal of regi'tration . . . . . . . . . . Industrial Magistrate may make orders. etc., without . . of Act . . . . . . . . . . . . . . . . of Part V to certain premises . . . . . . . . . .

Appointment- notification of. in Gazette . . . . . . . . . . of acting inspectors . . . . . . . . . . . . of Chief Inspector. etc . . . . . of Chief Inspector. under repeaied /%cis; to c&tinue ' . . of deputy members of Board . . . . . . . . of holders of offices ex officio as inspectors . . . . . . of inspector. certificate of. to be produced in certain cases . . of inspector. not necessary to prove . . . . . . . . of members of Board . . . . of members of Board to bk notiiikd in 'dazetie' of officers. saving of application of the Public ~ervi ie '~ct8 . ' .' of officers to help administer Act . . . . . . . .

10 (1) (c) . . . . lO(2) . . . . 1 0 1 ) a . . O l ) ( d ) . . 39(4) . . . . 0 1 b . . 86(4) . . . . 95 (1) (i) . . . . 39(2) . . . . 39 (2) (c) . . . . lO(4) . . . . 9(1) . . . .

Approval- of inspector to be obtained before commencing erection of

building. etc . 90 (1)

Page

58 INDEX

Architects' offices- . . . . . . . . . . . . exempt from provisions of Part VII s. 43 (3)

Art galleries, exempted shops for purposes of Part VIII . . . . 60 . . . . . . Articles- . . . . . . . . . . certain, to have special locks

defences as to trade description of certain . . . . . . 8860(l) . . . . . . . . determination of Chief Inspector as to class of business in 95 (2 ja . . . .

which certain articles belong oEences re hawking, etc., of . . . . . . . . . . 62 (3) . . . . requirements as to trade description of certain . . . . 76 (1) . . . . sale of certain, exempted from Part 111 (Registration) . . 15 . . . . . .

Auction- . . . . sale of goods, outside business hours of shops 62 (3) . . . . sale of wool or tobacco leaf by . . . . . . . . 60(4) . . . .

. . . . . . . . . . . . Australia, meaning of term 5(1) . . . . Authority, entering dwelling-house . . . . . . . . . . 11 (3) . . . . Award- . . . . . . . . . . as to closing hours of shops 61 (1) . . . .

. . . . as to employment of children, young persons, etc. 43 (1) . . . . . . . . . . . . as to hours of business in shops

as to safety, health and welfare . . . . . . . . 6306 (2) . . . . . . . . as to Sundays or holidays . . . . . . . . . . 61 (2j' . . . .

. . . . . . . . . . . . . . meaning of term 5(1) . . . .

I3 Bakehouse-

included in definition of factory . . . . . . . . 5(1) . . . . meaning of term . . . . . . . . . . . . . . 5(1) . . . .

Bazaars, etc.- permits to hold, etc., outside lawful trading hours . . . . 87 . . . . . .

Birth certificate- to be held by occupier of certain factories re employment of 48 . . . . . .

young persons to be produced in certain cases . . . . . . . . 49 . . . . . .

Board- . . . . . . . . . . . . . . chairman of 40 (3) . . . . constitution of . . . . . . . . . . . . . . 39(2) . . . . deputy members of, appointment . . . . . . . . 39(4) . . . . functions of . . . . . . . . . . . . . . 41 (1) . . . . may consult certain persons . . . . . . . . . . 41 (2) . . . . meaning of term for purposes of Part V . . . . . . 39 (1) . . . . meetings of, proceedings at . . . . . . . . . . 40 (1) . . . . members of, appointment . . . . . . . . . . 39 (2) (c) . . . . members of, appointment to be notified in Gazette . . . . (2) (c) . . . . powers of Governor in Council on recommendation of . . . . . . . . . . . . protection of . . . . . . . . . . . . . . 96 . . . . quorum . . . . . . . . . . . . . . 40(2 j ' validity of acts of' . . . . . . . . . . . . . 40(4) . . . . voting at meetings of . . . . . . . . . . . . 40 (3) . . . .

Book- . . . . register of accidents, to be kept in factories . . . . . . 33 time and wages, to be kept in factories and shops . . . . 29(1 jS . . . . work given out, to be kept in factories and shops . . . . 29 (2) . . . .

Buildings- approval to erect, application for . . . . . . . . 90(2) . . . . approval to erect, grant of . . . . . . . . . . 90 (3) . . . . approval to erect, offence to commence erection without . . 90 (4) . . . . . . . . averment in complaint as to . . . . . . . . 95 (1) (v) certain included in definition o! factory for purpose of s. 29 - . exemption of certain, from Part XI1 . . . . . . . . . . . . not to be erected without inspector's approval . . . . 90(1) . . . . persons found in, presumption as to employment . . . . 95 (1) ( v ) . . power to make regulations as to individual . . . . . . under construction, application of Part V . . . . . . . . . . under construction, meaning of term

( ) .- .. ~ ( 2 j ' . . . . . . . . . . . . . . . . under construction, power to make rules as to . . . . 38

under construction, saving of certain Acts . . . . . . 36 (vj ' . . . . Business name, meaning of term . . . . . . . . . . 5 . . . . . .

Page

31

3 5

INDEX

Cancellation of registration of factory or shop- . .. conference before Industrial Magistrate . . . . . . ss 18. 21

powers of inspector as to . . . . . . . . . . 18. 21 . . . . . . . . . . . . show cause proceedings as to 18. 21 . .

Certificate- . . . . . document purporting to be. production in evidence s 95 ( 1 ) (viii) . . . . . of appointment. to be produced in certain cases ss 10 (5). 86 (4)'

of birth. upon employment of young persons . . . . s . 48 . . . . of employment. on termination . . . . . . . . 50 . . . . of excuse for non-attendance at school . . . . . . 46 . . . . of fitness . . . . . . . . 47 . . of fitness. birth. or schodi leavkg age. when deemed not i b 49(3j ' ..

be held of fitness. birth. or school leaving age. when to be produced 49 (1) . . of fitness of persons. content of . . . . 47 (2) . . of fitness of persons. not to limit effect' bf certain A;& . . 47 (3) . . of school-leaving age. upon employment of young persons . . 48 . . . .

\ Charitable. etc., purposes-

bazaar. etc.. held for. permits may be granted . . . . 87 (1) . . Chemist's shop-

exempted from Part VIII . . . . . . . . . . 60 (1) . . when not affected by closing hour provisions in local authority 63 (1) (3) . .

area

Chief Inspector- appointment of. by Governor in Council . . . . . . lO(l)(a) . . appointment of. hnder repealed Acts. to continue decision of. may be confirmed or rejected by inhustri'ai

;; (1) (dl . . . . . . magistrate

determination by. as to class of factory or shop . . . . may appoint acting inspectors . . . . . . . . . . may cancel registration of factory or shop . . . . . . may direct inspectors to withdraw orders. etc . . . . . may grant permit to hold bazaar. etc., outside lawful trading

hours meaning of term . . . . . . . . power of. to prohibit use' bf buiiding &factory or shop . . protection of . . . . . . . . . . . . . . regulations as to powers of . . . . . . . . . . show cause proceedings as to cancellation or refusal of

registration of factory or shop by to authorise complaint for breach of Act . . . . . . to be ex oflcio member of Board . . . . . . . . to help administer Act . . . . . . . . . . . . to prepare annual report . . . . . . . . . . to sign certificate of appointment of inspectors . . . . to supervise inspectors . . . . . . . . . . . .

Child- meaning of term . . . . . . . . . . . . . . when Minister may permit to work in factory . . . . when not to ba employed in factory . . . . . . . . when not to be employed in shop . . . . . . . .

Closed- hawking. etc.. when shops required tb be . . . . . . meaning of term . . . . . . . . . . . . special provisions as to when exempted shop to be kept . . when shops to be kept . . . . . . . . . . . .

Closing time- meaning of term . . . . . . . . . . . . . . of shops . . . . . . . . . . . . . . special proii'sons as to exempted shops . . . . . .

Commencement of this Act . . . . . . . . . . . . Confectioner's shop-

exempted from Part VIII . . . . . . . .

Conference- in relation to refusal or cancellation of registration of factory ss . 18. 21

or shop

Conflict- of this Act with Local Authority or Health. etc., provisions s . 84 (1)

Construction work. meaning of term . . . . . . . . 5 . .

Page

60 INDEX

. . . . . . . . . . Constructor, meaning of term s. 5 .

. . . . . . . . . . Continuing offences, generally 93 (4)

Contractors, etc.- when deemed to be occupiers for purposes of Part V . . 37 (1)

D Damage-

. . . . . . . . . . . . . . wilful, offence 92 (2) . . . . Day, meaning of term . . . . . . . . . . . . 5(1) . . . . . . Declaration- . . . . by Governor in Council as to exemption from Act 8 . . . . . .

. . . . of exemption to be void in certain circumstances 8 . . . . . . Defect-

inspector may require any, to be remedied . . . . . . 88 (1) . . . . notice of, fact of issue of, no bar Lo other proceebings . . 88 (3) . . . . notice of, person to comply with . . . . . . . . 88 (2) . . . .

Defences- available and specified, failure to renew registration . . notice to remedv defects. no defence to other charges . . of principal or imployerfor offences by agent or employer.. to charges of failure to comply with Part X . . . . . . to charges re catch on refrigerator, ice chest or ice box . .

Defraud- intent to, renders person liable to additional penalty . .

Dentists' offices- exempt from provisions of Part VII of Act . . . . . .

Disclosure of information- by inspector, circumstances when prohibited . . . . . .

Diseased persons- discontinuance of employment of . . . . . . . .

Doctors' offices- exempt from provisions of Part VII of Act . . . . . .

Draftsmen's offices- exempt from provisions of Part VII of Act . . . . . .

Druggist's shop- exempted from Part VIII . . . . .

Due diligence- defence of Principal or Employer for acts of agents or

employees

Duty to label goods . . . . . . . . . . . . . .

E Educational, etc., purposes-

bazaars, etc., held for, permits may be granted

Employees- entitled to certificate of employment, on termination . . 50 . . . . . . increase in maximum number of . . . . 24 . . . . . . knowledge of, presumed to be knowleige of occupier' . . 35 . . . . . . liability of employers for offences by . . 94 . . . . . . liability of, for offences re trade description of ieathe;,'textiie; 81 (3) . . . .

etc., goods offence to work outside factory . . . . . . . . 31(2) . . . . proof of age of . . . . . . . . . . . . . . 95 ( 1 (v ) . . . . . . to allow entry and inspection . . . . . . 12 to point out trade description of leather, texiie, etc., goods 82(2j ' . . . .

to inspector I Entering of private dwelling house-

by inspectors, warrants required . . . . . . . . 11 (3) . . . .

Page

3

47

INDEX 61

Evidence- as to matters within knowledge of employee or agent.

facilitation of proof in proceedings under Act . . . . judicial notice to be taken of Gazette notifications of

of act by deputy members of Board . . . . . . . . person not required to answer questions. etc., tending to

presumption

appointment of inspectors. etc .

criminate him

Exempted shops- automatic petrol pump is . . . . . . . . declared by Order in Council in Local Authority area. special provisions as to . . meaning of term . . . . . . . . . . . . meaning of term for purposes of Part VIII . . . . occupier-

employee. not to include . . . . . . . . limitation of meaning of . . . . . . . .

manager. not to include . . . . . . . . nomination by . . . . . . . . . . two or more shops. one vote only in ballot . .

power to make regulations as to. re closing hours . . restrictions as to working hours of young persons in selling non-exempted goods. Part VI11 provisions apply selling wholesale. Part VI11 applies stocking of non-excmpted goods. provisions of Part VI11 i

. . . . . . . .

. . . . . .

.. .. .. .. ..

. . .. .. .. ... . .

.. . . tPP&

Exemption- Governor in Council may grant of certain matters from Part 111 of certain matters from Part VI1 power to make regulations. etc., as to to be deemed void in certain cases

. . . . . . . .

. . . . . . . .

. . . . . . . .

. . . . . . . . . . . . . .

F Facilitation of proof-

in proceedings under this Act . . . . . . . . . . Factory-

applications for registration or renewal of registration of averment in complaint as to . . . . . . . . averment in complaint as to occupier of certain offices not to be . . . . . . . . . . certificates of birth. etc., of young persons. etc., in . . certificate of fitness of young persons. etc., in . . Chief Inspector may prohibit use of a building as . . determination of class of. proof of . . . . . . duration of registration of . . . . . . . . entry and inspection of. to be allowed . . . . entry into occupation of . . . . . . . . expiration or cancellation of registration of. effect . . functions of Board. as to safety. health and welfare in increase in number of employees. etc., in . . . . intention to occupy may be exempted from this Act'by Gdiernor'ih Co&cil meaning of term . . . . . . meaning of term extended for puipose; 'of Part V . . . . occupier of. offence as to work given out by . . . . . . occupier of. restrictions as to work given out by . . . . occupier of. to comply with notice of discontinuance of

employment on diseased young persons in occupier of. to give employee certificate of employment on

termination occupier of. to post up abstracts of Acts. etc., in . . . . occupier of. to produce certificates to inspector . . . . person found in. presumption as to employment in . . . . power to make rules as to. re safety. health and welfare . . powers of inspectors to register. etc . . . . . . . . . premiums prohibited. re employment in . . . . . . registration of. may be cancelled . . . . . . . . restriction on employment of children. etc., in . . . . temporary premises as . . . . . . . . time and wages book to be kepi in . . . . . . . . to be registered . . . . . . . . . . . . . . vacating of . . . . . . . . work given out. bbbk to be kept i n . . . . . . . .

. . . .

meaning of term extended for purposes of s . 29 (2) . . . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

s . 35

95 (1) .. 10 (3) .. ;; (4) . . . . . .

60 . . . . 60 . . 5 (1) ..

60(1) . . 6 3 ~ ) " ..

63 (4) . . 63 (4) .. 63 (4) .. 63 (4) . . 63 (4) . . 64 . . . . 52 (7). (8) . . 6 0 ( 1 ~ ) . . 6 0 ( 1 ~ ) .. 6 0 ' .

8 . . . .

97 (viii) . . .. 2 (3j . . . .

8 .

95 (1) .. 17 .. 95 (1) (vi) .. 95 ( i j iv ) .. ;;(3) .. . . . . 47 .. s g ( i j ' .. 95(2) .. ;;'" .. i g (2 j ' ..

Ss ( i j

;: 8j

. . . . 23 .. 41 . . . . 24 . . . . 25 . 37 29 (6j

51 (2)

50 . 91

95 (1) 49 ( t i

ss . 38. .42 s . 18 .

44 . . . . 21 .I .. 45 ..

s . 29(1) .. 16(1) .. 22 ..

SS . 26. 2 j ' ..

~ ( 2 ) ; ' ..

. . . . . . .. . . . .. .. .. .. .I

.. .. vii) . . .. ..

Failure- to do any act or thing. includes refusal or neglect . . . . 5 (2) ..

..

.. ..

.. . .

. . .. .. .. ..

.. .. .. .. .. .. .. .. .. ..

.. . . .. .. ..

..

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

..

.. .. .. .. .. .. .. .. .. .. .. .. ..

..

Page

24

48 12

28 15

35 35 37 5

35

39 39 39 39 39 40 34 35 35 35

1 1 16 31 49 11

48

17 49 49 38 33 32 45 51 18 15 20 18 29 20 20 1 1 5

25 23 23 23 34

34

46 33 49

26. 30 17 311 19 31 21 22 16 20 22

10

62 INDEX

Fees- for registration or renewal of registration of factory or shop s . 17 . . . . . .

. . . . for registration. regulations may be made as to 28 . . . . . . power to make regulations generally as to 97(vij :: ::

Forfeiture- of goods. additional to general penalty . . . . . . 93 (6)

. . . . . . . . . . . . . . Forgery. etc.. offence 92 (1) . . . . Forms-

power to make regulations as to . . . . . . . . 97 (ii) . : . .

Gazett*, appo~ntment of deputy members of Board to be notified in a~uointment of members of Board to be notified in . . appointments of Chief Inspector. etc., may be notified in . . judicial notice to be taken of appointments notified in notice as to half.holiday . in Local Authority Area to be . .

published in. proclamation of coming into force of provisions as to

refrigerators. etc., to be published in publications in. judicial notice of . . . . . . . .

Governor in Council- exemption by. upon provisions of Part VIII. to be posted up

in shop may appoint a Chief Inspector. etc . . . . . . . . . may appoint deputy members of Board . . . . : . may appoint holders of offices ex oficio as inspectors . . may extend application of Part V . . . . . . . . may grant Board members fees or allowances . . . . may make regulations. etc., on recommendation of Board . . may make rules as to safety. health and welfare . . . . power to exempt from this Act . . . . . . . . power to make regulations and rules. generally . . . . shall appoint members of Board . . . . to fix date of coming into effect 'of provisions as t'd

refrigerators. etc .

H Half-holiday-

as to exempted shops in Local Authority Area . . . . meaning of term . . . . . . . . . . . . . .

Hawking- of certain goods prohibited outside business hours of shops

Hours- of business in shops-

closing hours . . . . closing hours. agreeient as 'to in 'iocal xuthority Area

. . . . closing hours. as to Sundays and holidays closing hours. exempted shops in Local Authority Area closing hours. offence not to obey . . . . closing hours. offence to hawk. etc., articles outside . . closing hours. power to make regulations as to . . not to apply to exempted shops . . . . . . . .

of employment- in factories. of children. young persons . . . . . .

I Ice chest and ice box-

defence to charge re . . . . . . . . . . . . Inspector may enter and inspect. etc . . . . . . . . . Inspector not to be obstructed. etc., in certain cases re . . Inspector to produce certificate of appointment in certain

cases re provisions as to. when to come into effect . . . . . . To be capable of being opened from inside . . . . . .

INDEX

Industrial Magistrate- appeal from decision of . . . . . . . . . . s . 93(9) . . . . meaning of term . . . . . . . . . . . . . . 5(1) . . . . power to make orders. etc.. without application or complaint 93 (10) . . . . powers on conference re refusal of registration of factory 18 . . . . . .

or shop powers on conference re refusal of renewal of registration 21 . . . . . .

of factory or shop powers where intent to defraud accompanies breach . . 93(5) . . . . to hear and determine complaints for breaches of Act . . 93 (8) . . . .

Inspector- acting. appointment of . . . . . . . . . . . . . . appointment of. by Governor id 'Counci'~ appointment of holders of offices. ex oflcio. as . . approval of. necessary before entering of certain buildings. et'c: breaches of administration duty by. not to affect validity of

acts. etc . different. may complete matter begun by another inspector general powers of . . . . . . . . . . . . . . . . . . may appprove form of register of accidents . . . . . . may approve form of time and wages book . . . . . . may cancel registration of factory or shop may direct when abstracts of Acts. etc., are to be posted up

in factory or shop may enter. etc., re refrigerators. ice chests and ice boxes . .

. . . . may extend permit to occupy temporary premises may give nutice of discontinuance of employment of diseased

persons . . . . may grant permit to occupy temporary premises . . . . . . . . may inspect time and wages book may inspect work given out book . . . . . . . . may issue permit pending registration of factory or shop . . may register. or renew registration of factories or shops . . may require copy of register of accidents to be lodged . . may require production of certain certificates . . . . may require production of permit to hold bazaar. etc . . . may require remedy of any defect . . . . . . . . . . . . may require verification of time and wages book may require verification of work given out book . . . . may withdraw. etc.. orders. etc . . . . . . . . . meanlng of term . . . . . . . . . . . . . . not necessary to prove appointment. etc.. of . . . . . . not to be obstructed. etc.. in certain cases . . . . . . not to disclose certain information . . . . . . . . obstruction of . . . . . . . . . . . . . . power to make regulations as to powers of . . . . . . powers of. entering private dwelling house . . . . . . protection of . . . . . . subject to supervisibn by'chief 1nspect'o; . . . . . . the. meaning of term . . . . . . . . . . . . to help administer Act . . . . . . . . . . . . to produce certificate of appointment . . . . . . . . to produce certificate of appointment in certain cases . . under repealed Acts. deemed to be appointed . . . . where may exercise powers . . . . . . . . . .

Judicial notice- J

. . . . of notifications or orders published in Gazette

Justices- issue of warrants by. to inspectors . . . . . . . .

Knowledge- of certain matters by employee or agents. presumed to be

knowledge by occupier

Local Authority- L

conflict with this Act and things done by . . . . . . meaning of term . . . . . . . . . . . . . .

Local Authority Area- meaning of term . . . . . . . . . . . . . . proof of . . . . . . . . special proiisions 'a's to &emptdd shops . . . . . .

84 (2) . . . . 5(1) . . . . 5(1) . . . .

95 (1) (x) . . . . 63(1) . . . .

Page

48 6

48 17

64 INDEX

El% Manufacturing process- . . . . . . building where persons engage in. is factory . . . . . . . . . . . . . . meaning of term

Meaning of terms- . . . . . . . . . . . approved association . . . . . . . . . . . . . . articles Australia . . . . . . . . . . . . . . award . . . . . . . . . . . . . . bakehouse . . . . . . . . . . . . building . . . . . . . . . . . . . . . . . . . . buildings. etc., under construction . . . . . . . . . . . . business name . . . . . . . . . . . . Chief Inspector child . . . . . . . . . . . . . . closed . . . . . . . . . . . . . . . . . . . . . . . . . . closing time . . . . . . . . . . construction work constructor . . . . . . . . . . . . . . . . . . . . . . . . . . day employee . . . . . . . . . . . . . . exempted shop . . . . . . . . . . . . factory . . . . . . . . . . . . . . factory. meaning extended re time and wages book. etc . . . . . . . failure. to include refusal or neglect half-holiday . . . . . . . . . . Industrial ~agist$te . . . . . . . . . . . . . . . . . . . . . . industrial pump Inspector . . . . . . . . . . . . . . . . . . . . . . . . inspector. extension of Local Authority . . . . . . . . . . . . . . . . . . . . . . Local Authority area . . . . . . . . . . manufacturing process medical practitioner . . . . . . . . . . Minister . . . . . . . . . . . . . . motor fuel . . . . . . . . . . . . non-exempted shop . . . . . . . . . . occupier . . . . . . . . . . . . . . occupier. meaning extended re time and wages book. etc . office . . . . . . . . . . . . . . opening time . . . . . . . . . . . . Order . . . . . . . . . . . . . . owner . . . . . . . . . . . . . . Part . . . . . . . . . . . . . . place . . . . . . . . . . . . . . private dwelling house . . . . . . . . . . project . . . . . . . . . . . . . . school age . . . . . . . . . . . . school leaving age . . . . . . . . . . sell . . . . . . . . . . . . . . . . shop . . . . . . . . . . . . . . shop. meaning extended re time and wages book. etc . shop assistant . . . . . . . . . . . . small shop . . . . . . . . . . . . week . . . . . . . . . . . . . . year . . . . . . . . . . . . . . young person . . . . . . . . . . . .

Medical practitioner- certificate of fitness by . . . . . . . . . . . . examination of diseased persons . . . . . . . . meaning of term . . . . . . . . . . . . . .

Minimum penalties . See also Penalty not to be reduced . . . .

Minister- agreements in Local Authority Area as to closing hours of

shops to be notified to . . . . . . may accept resignation of member of Board may grant permit to hold bazaar. etc., outside lawful trading

hours may sign certificates of appointment . . . . . . . . meaning of term . . . . . . . . . . powers of. as to closing'hours o f shops in Local Authority

Area . . . . powers of. as to publication of annual report . . . . prior permission of. as to disclosure of information protection of . . . . . . . . . . . . . . to administer Act . . . . . . . . to authorise complaint fir' breaches o f ' ~ c t

N Neglect- . . . . . . . . failure t o d o act or thing includes s . 5 (2) . . . .

. . . . . . . . Non-exempted shop. meaning of term S(1) . . . . Notice-

as t o half-holiday in Local Authority Area. to be published 63(1) . . . . in Gazette

by occupier of entry into occupation of factory or shop . . 23 . . . . . . by occupier of increase of number of employees. etc.. in 24 . . . . . .

factory or shop. . . . . by occupier of the vacatlon of factory or shop 22 . . . . . . by owner of intentions of person to occupy factory or shop 25 . . . .

. . . . . . . . power tomake regulations as to 97 (vj . . . . . to inspector that person is suffering from infectious disease 51 ( 1 2 ) . . .

. . . . to remedy defects . . . . . . . . . . . . 88 (1)

Obstruction- . . . . . . . . offences relating to

offences relating to. re refrigerators. etc . . . Occunier- . ...r...

of exempted shop- certain exemptions as to closing hours in chemist's shop 63 (1) . . . . . . . . . . . . . . . emolovee not to include 63 (4) . . . . . . . . . . . . . . lim'itation of meaning to 63 (4j . . . .

. . . . . . . . . . manager. not to include . . . . mav agree with other occupiers as to closing hours in

2;gt . . . . . ~ o c a l Authority Area .

nomination by . . . . . . . . . . . . 63(4) . . . . special provisions as to, in Local Authority Area . . . . 63 ( 1 ) . . . .

two or more shops. one vote only in ballot . . . . 63(4) . . . . of factory-

not to employ young persons in certain cases. without 48 . . . . . . birth certificate

not to employ young persons in certain cases. without 47 . . . . . . certificate of fitness . . . . . offence if emolovee works outside factory

. . . . . restriction on'employment by. of childre~.. etc . . . . . . . . to keep register of accidents

to produce certificates to Inspector in certain cases . . when deemed not to hold certificates . . . . . .

of factory or shop- averment in complaint as to . . . . definition extended for purpose o f ' ~ a r t v . . . . . definition extended for purpose of s . 29 (2) . . . . may apply to Industrial Magistrate for conference in

certain cases may be required to verify entries in books . . . . may obtain extension of permit to use temporary premises may obtain permit to use temporary premises . . . . not to use unregistered place . . . . . . . . offencc by. to allow work to be given out in certain cases offence by. to fail to keep books. etc . . . . . . . presumed for certain purposes to have knowledge of

employee or agent to allow entry and inspection . . . . . . . . to apply for registration of place . . . . . . . . to cause books to be open for inspection by inspector . . to give employee certificate of employment on termination to give notice of entry into occupation of factory or shop to give notice of increase in maximum number of

employees in factory or shop to give notice of vacation of factory o r shop . . . . to keep time and wages book . . . . . . . . to keep work given out book . . . . to lodge copy of certain records when reqiired . . to post up abstracts of Act. etc . . . . . . . . . to renew registration of factory or shop . . . . . .

of shop- not to employ shop assirtant as watchman . . . . offence by. re closing hours of shops . . . . . . restriction on employment of children . . . . to post up Order in Council exemptldg shop from

Part VIII

Offences- accompanied by intent to defraud . . . . . . . . 93(5) . . . . by employee of factory-

working elsewhere than in factory . . . . . . 31(2) . . . .

65

Page

56 INDEX

Off nces-continued by occupier of exempted shop-

failing to obey closing hour provisions . . . . by occupier of factory- . . . . failing to keep register of accidents by occupier of factory or shop-

employee working elsewhere than in factory . . . . . . failing to keeo time and wages book . . . . permsting breaches re work given out . . . . . . . . when liable for. generally by occupier of shop- . . . . failing to obey closing hour provisions by owner. architect or contractor-

commencing erection of building without approval by owner. generally . . . . . . . . . . continuing . . . . . . . . . . . . . . . . . . . . failure to renew registration . . . . . . . . . . . . . forgery. etc . . . . . . . . . . . . . . generally liability of agent or employee for . . . . . . penalty for. generally . . . . . . . . . . penalty for. not to be reduced below minimum . . proceedings for . . . . . . . . . . . . time limit for prosecution for . . . . . . . . wilful damage. etc . . . . . . . . . . .

Office- exemption of provisions of Part VII as to work carried out

in certain 43 (3)

. . . . . . . . . . . . . . meaning of term 5 (1)

Officers.. appointed under repealed Acts, deemed to be appainted . . 4 (iv) . . . . . . . . appointment by Governor in Council appointment to help administer Act

10 (1) (a) . . . . . . . . 9 (1)

Opening time- . . . . . . . . . . . . . . meaning of term 5 (1)

Optometrists' offices- . . . . . . exempt from provisions of Part VII of Act 43 (3)

Order- . . . . . . . . . . as to closing of shops . . . . . . as to hours of business in shops as to Sundays or holidays . . . . . . . . . . . . . . . . . . . . meaning of term

Order in Councii- . . . . . . . . . . . . exempted shops . . . . . . . . . . publication. etc., of . . . . . . . . . . repeals and savings severability to be posted up b;occudikr of shop in' bertaih'cases' ' to bring into force s . 86 . . . . . . . . . . to exempt from Act . . . . . . . . . . . . . . . . . . . . . . to extend Part V

Owner- meaning of term . . . . . . . . . . . . . . of factory or shop-

averment in complaint as to . . . . . . . . may apply to Industrial Magistrate for conference in

certain cases not to erect. etc., building without prior approval . . to allow entry and inspection . . . . . . . . when liable to penalty. generally . . . . . . . .

95 (1) (vi) ss . 18. 21

P Part-

meaning of term . . . . . . . . . . . . . . 5 (1)

Parts of Act . . . . . . . . . . . . . . . . 3 ..

Page

Penalty- additional. if breach accompanied by intent to defraud . .

. . . . . . . . . . . . for continuing offence . . . . . . . for failure to post up abstracts of Acts. etc . . . . . . . . . . for general offence against Act . . . . . . . . . . . . general provisions as to in addition to. when person deemed not to hold cedificate . . in addition to. when person deemed to have held bazaar. etc . . . . . . . not to be reduced below minimum specified . . . . . . . . power to make regulations as to . . . . to be in addition to forfeiture in certain cases

Permit- . . . . . . pending registration of factory or shop . . . . . . . . to employ children. etc., in factory . . . . . . . . to employ children. etc., in shop to hold bazaar. etc.. outside lawful trading hours . . . . to hold bazaar. etc.. to be produced to inspector . . . . to occupy temporary premises as factory or shop . . . .

Petrol pumps- automatic coin operated pumps exempted from trading hours

Place- . . . . . . . . . . . . . . meaning of term

Powers of inspectors- as to completion of matters begun by different inspector . . . . . . . as to withdrawal. revocation. etc., of orders. etc . . . . . . entry private dwelling house with warrant generally . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . regulations as to . . . . . . . . removal of materials for analysis . . . . . . to approve form of register of accidents . . . . . . to approve form of time and wages book . . . . . . to cancel registration of factories or shops to enter and inspect. etc., re refrigerators. ice chests and

ice boxes to extend permits to occupy temporary premises . . . . to give permits to occupy temporary premises . . . . to grant approval to erect. etc.. buildings . . . . . . to inspect time and wages book . . . . . . . . to inspect work given out book . . . . . . . . to issue permits pending registration of factories or shops . . to register. or renew registration of factories and shops . . to request production of certain certificates . . . . . . to require any defect to be remedied . . . . . . to require occupier of factory or sl;dp to lodge copy of

register of accidents to require occupier to discontinue employment of diseased

persons to require verification of time and wages book . . . . to reauire verification of work given out book . . . . where may be exercised .. T . . . . .

Premises- temporary . . . . . . . . . . . . . . under construction. meaning of term . . . . . . . .

Premiums- illegally received. order for repayment . . . . . . in connection with employment of persons. prohibited . .

Prescribed matters- power to make regulations as to . . . . . . . .

Private dwelling-house- entry of. warrant required . . . . . . . . . . meaning of term . . . . . . . . . . . . . .

Proceedings- appeal from decision on application of Industrial ~oncili'a;ion a'dd ~ rb i i r a t ioh '~c t s fo fac~litation of proof in . . . . . . . . . . . . generally . . . . . . . . . . . . . . . . generally. to be by way of complaint. etc . . . . . . . may be instituted by inspector . . . . . . . . . . of Board meetings . . . . . . . . . . . . place of hearing. etc . . . . . . . show cause. by Chief Inspector. as to cancellation ir'refuiai

of registration of factory or shop time limit for . . . . . . . . . . . . . .

s . 60 (1) (xiv) . .

5 (1) . .

11(2) .. l l ( 2 ) .. 11 (3) .. l l ( 1 ) .. 97 (1) (i) . . l l ( 1 ) .. 3 3 . . 29(1j ' . . 2 1 . . 86(3)" ..

97 (1) (ix)

93 (9) . . 93 (8) . . 95 (1) . . 93 (8) . . 93 (8) . . 11 (1) (viii) . . 40 . . 9 3 6 ; ' ..

ss . 18. 21 . .

Page

68 INDEX

Proclamations.-- . . . . . . . . . . as to coming into force of Act . . . . . . . . . . . . publications. etc., of . . . . . . . . . . . . repeal and saving as to . . . . . . . . . . . . . . severability

Production- . . . . . . of certificate of appointment by inspector of certificate of appointment by inspector re refrigerators.

ice chests and ice boxes . . . . . . . . of certificates. by occupier of factory . . . . . . . . . . . of permit to hold bazaar. etc

. . . . . . . . . . . . Project. meaning of term

Proof- facilitation of- . . . . . . . . . . as to age of employee

as to averments in complaints re factory or shop . . as to averments in complaints re owner or occupier . . . . . . . . . . . as to certain certificates. etc . . . . . . . . . . as to certain documents . . . . . . . . . as to class of factory. shop. etc . . . . . . . . . as to Local Authority Area. etc . . . . . . as to non-attendance of school children as to person being found in factory or shop. presumption

of employment not necessary to prove appointment or authority of

inspector not necessary to prove certain signatures . . . .

Protection of inspectors. etc . . . . . . . . Publication- . . . . . . . . in Gazette. judicial notice of

judicial notice to be taken of. as to appointments . . of general statistical information from annual report of notice of half-holiday in Local Authority Area . . of notification of appointment of deputy members of of notification of appointment of members of Board of notifications of appointments . . . . . .

95 1 v . . 95 ( I ) (v) . . . . 95 1 v . . . 95 (1) ( v ) . . 95 1 i i ) . , . . 95 (21 . . . . 95 (1) (x) . . . . 95 1 x ) . . 95 ( 1 (vii) . . 95 (1) (i) . . . . 95 1 i ) . . 95 . . . . . .

. . 95 (3) . . . . . . lO(3) . . . .

. . 14(3) . . . . 63 (1) . . . .

~ o a ; a 39(4) . . . . . . 39 (2) (c) . . . . . . lO(1) c . . .

Records and notices in factories and shops- to be kept-

register of accidents . . . . . . . . . . . . . . . . . . . . time and wages book work given out book . . . . . . . . . .

to be posted up- abstracts of Act. etc . . . . . . . . . Order in Council exempting'from Yart V ~ I I

Refreshment shop- exempted from Part VlII . . . . . . . . . .

Refrigerators. ice chests and ice boxes- defence to charge re . . . . . . . . . . . . . . . . . . . . . Inspector may enter and inspect. etc Inspector not to be obstructed. etc., in certain cases re . . Inspector to produce certificate of appointment in certain

cases . . . . . . provisions as to. when to come into effect . . . . . . to be capable of being opened from inside

Refusal- failure to do act or thing includes . . . . . . . .

Register- of accidents . . . . . . . . . . . . of time and wage; . . . . . . . . . . . . . of work given out . . . . . . . . . . regulations as to form ofj bower to make . . . . . .

Registration- application for. to be accompanied by fee . . . . . . . . . . application for. to be accompanied by plan. if new application for. to be in writ~ng . . . . . . . . certificate of renwal of . . . . . . . . conference with Industrial ~ag i s i rg t e on refusal or

canceilation of

Page

2 53 2 2

INDEX

Registration-continued . . . . . . . conference with. Industrial Magistrate o n refusal o r s 21 cancellation of renewal of

duration of . . . . . . . . . . . . . . f g ( 0 . . . . exemptions from . . . . . . . . . . . . . . . . . . . . . . . . . . expiration or cancellation of. effect 19(2j ' . . . . . . . . . . . . . . factories and shops subject to 16 . . . . . . may be cancelled . . . . . . . . . . . . . . 21 . . . . . .

. . . . . . . power of inspectors to .grant. etc . 18 . . . . . . . . . . power to make regulations as to fees for 2 8 ( l j ' . . . . . . . . . . . . . . renewal of. application for 17 . . . . . . . . . . . . to be renewed. consequence of failure 20(1j ' . . . . Regnlations- . . . . . . as to registration fees. factories and shops

as to requirements of birth certificates in certain cases of employment of young persons . . . as to verification of entries in time and wages book. etc . . . . . . deemed included in Part V and Part VI

. . . . . . . . . . . . general power to make may adopt codes of Standards Association of Australia. the

British Standards Institution or a like body power of Governor in Council to exempt from Act by . . power to make. as to closing hours of exempted shops . . power to make on recommendation of Board . . . . publication. etc.. of . . . . . . . . . . . . repeals and savings . . . . . . . . . . . . severability . . . . . . . . . . . . . .

Religious. etc., purposes- . . . . bazaar. etc.. held for. permits may be granted 87 (1) . . . . Removal of samples-

. . . . . . . . for analysis. notification required 11 (1) . . . . Repeals . . . . . . . . . . . . . . . . . . 4. Sch . 1 . . . . Requisitions-

. . . . . . . . by inspector. for reme. dy of defects 88 (1) . . . . by inspector. for remedy of defects. no bar to other proceedings 88 (2) . . . .

Restaurant- . . . . . . . . . . exempted from Part VIII 60 (1) . . . . Rules-

continuance of certain. as to safety. health and welfare . . . . . . . . deemed included in Part V and Part VI . . . . . . . . . . general power to make . .

:: '2b 97 . . . .

may adopt codes of standards. ~ s ~ o c i a f i o n .of'~ust;alia. thd 97 (3 j ' . . . . British Standards l n s t ~ t u t ~ o n or a l ~ k e body

. . . . power to make. as to safety. health and welfare 38 . . . . . .

. . . . power to make on recommendation of Board 42 . . . . . . . . . . publications. e t ~ . . of . . . . . . . . . . . . 98 repeals and savings . . . . . . . . . . . . ( i ) ' . . . severability . . . . . . . . . . . . . . subjects for. for purposes bf par; v o f ' ~ c t . . . . . . Sch . 11 . . . . . .

s Safety. Health and Welfare-

. application of provisions as to . . . . . . . . . . s power of Governor in Council to extend provisions as to . .

. . . . power of Governor in Council to make rules as to saving of provisions of certain Acts . . . . . . . .

Sale of motor fuel- appeal from decision of Chief Inspector . . . . . . cancellation of permit . . . . . . . . . . . . determination of appeal . . . . . . . . . . . . penalties for offences . . . . . . . . . . . . permits . . . . . . . . . . . . . . . . restrictions on sale . . . . . . . . . . . .

Savings- as to appointments of inspectors under repealed Acts . .

. . . . as to certain work done elsewhere than in factory as to offences against provisions relating to closing hours of

shops as to other offences. re wilful damage . . . . . . . .

4 (iv) . . . . 32 . . . . . . 62 (2) . . . . 92 (2) (b) . . . .

Page

19

70 INDEX

Savings-continued . . . . . . . . . . as to oenalties. etc., imposed . . . . . . . . . . . as to pending actions. etc as to Proclamations. etc., made under repealed Acts . .

. . . . . . . . of application of Public Service Acts . . . . of auction sales. as to hours of business in shops of certain Acts and awards re safety. health and welfare . . of certain Acts as to certificates of fitness of young persons . . . . . . . of certain Acts as to employment of children. etc . . . . of certain offices. as to hours of business in shops of certain provisions as to safety. health and welfare . . of continuance of certain rules as to safety. health and

welfare . . . . of existing registrations of factories and shops of Industrial Conciliation and Arbitration Acts. as to hours

of business in shops . . . . . . of orders as to closing hours of shops of the adu us trial Conciliation and Arbitration Acts as to

employment of children. etc .

s . 4 (ii) 4 (iii) 4 (i)

10 (4) g; (4)

47 (3j ' 43 (2) 60 (3) 37 (2) (d) 35 (2)

School age. meaning of term . . . . . . . . . . 5(1) . . . . 1 8

School-leaving age- certificate that young person has reached. upon employment ss . 48 (2). 49 . . 3 3

. . . . . meaning of term . . . . . . . . . . . . . . s 5 (1) $ 1 8

Secrecy- circun~stances in which inspector may disclose certain lo(*) . . . . I 12

information

. . . . . . . . . . . . . . Sell. meaning of term 5 ( 1 ) . . . . I 8

. . . . . . . . . . . . . . . . Severability 2 . . . . 2

as to defined . . . . 5(1) . . . . definition e'xtended for dirposes of keeping time and wages 29 (6) . . . .

Shop- application for registration or renewal of registration of . . 17 . . . . 17

. . . . . . . . . . averment in complaint as to 95( l j iv ) . . . . 49 averment in complaint as to occupier. elc.. of . . 95 1 ( I ) . . . 49

book. etc . definition extended re safety. health and welfare . . . . 37 (1) . . . . determination of class of. proof of . . . . . . . . 95 (2) . . . . duration of registration of . . . . . . . . . . . . 19(1) . . . . entry into occupation of 23 . . . . exempted by Governor in ~ o u i c i l from pait' V I I I ' ~ ~ ~ c i . ' 60(5j' . . . .

copy of Order in Council to be posted up exempted. defined for purposes of Part VIII of Act . . . . 60 (1) . . . . exempted shop. meaning of term . . . . . . . . 5(1) . . . . expiration or cancellation of registration of. effect 19(2) . . . . functions. of Board as to safety. health and welfare of persohi 41 . . . . . .

In

Chief Inspector may prohibit the use of a building ab' . . 59 (1) . . . . closing hours of . . . . . . . . . . . . 61 (1) . . . . closing hours of. as to sundays and holidays . . . . 61 (2) . . . . closing hours of chemist's shop. special provisions as to . . ( 3 ) . . closing hours of exempted shop. power to make regulations . . . . closing hours of. exempted. special provisions as to. in Local 63( l j ' . . . .

Authority Area closing hours of. offence for occupier to fail to obey provisions 62 . . . . . .

... . . . . . . increase in number of employees, etc., in intention t o occupy . . . . . . may be exempted from Act by Governor in council' ' . . non.exempted. meaning of term . . . . . . . . occupier of. not to employ shop assistants as watchmen . . occi~pier of. offence as to work given out by . . . . . . occupier of. restriction as to work given out by . . . . occupier of. to give employee certificate of employment on

termination occupier of. to post up abstracts of Acts. etc . . . occupier. owner. etc., of to allow entry and inspection . . office. not to be. in certain circumstances . . . . . . person employed in. premium in connection with. prohibited person found in. presumption of employment . . . . power to make regulations or rules as to safety. health and

welfare of persons in. on recommendations of Board power tomake rules for safety. health and welfare of persons

45 36 37

36. 37 40 37

37

In Powers of inspectors to register. etc . . . . . . . . . registration of. may be cancelled . . . . . . . . small. meaning of term . . . . . . . . . . . . temporary premises as . . . . . . . . . . . .

12 . . . . 43(3j ' . . . . 44 . . . . 95 j v i i . . 42 . . . . . .

INDEX 7 1 --

I

Shop assistant- . . . . . . . . . . . . . . meaning of term not to be employed as watchman . . . . . . . .

Shop-continued time and wages book to be kept in . . . . . . . . s. 29 (1) . . . . . . . . . . . . . . . . . . to be registered 16 . . . . . . . . . . vacating of . . . . . . . . 22 . . . . . . . . work given out bddk to bk kept' in 29 (2j' . . . .

. . . . . . . . . . . . . . . . Short title

Page

22 16 20 22

Small shop, meaning of term . . . . . . . . . . Summary-

jurisdiction, complaints for breaches of Act . . . . . .

Temporary premises- . . . . . . . . use as factory or shop on permit

Termination of employment- employee entitled to certificate of employment on . . . .

Time- . . . . . . . . . . . . limit for prosecutions

Time and wages book- . . . . . . . . . . . . entries in to be verified . . . . . . . . to be kept in every factory and shop . . . . . . . . to be open to inspection by inspector

Tobacco- sale of, by auction . .

L

Undertaker's establishment- exempted from Part VIII . . . .

V Vacating-

of factory or shop . . . . . . . . . . . . 22 . . . . . Validity-

of acts of Board . . . . . . . . . . 40(4) . . . . 1 29 of acts of inspectors not gffected in certain circumstaices . . 10 (7) (b) . . . . 12

Void- exemption to be deemed to be, in certain circumstances

Warrant- w

entry to private dwelling house- terms of authorization . . . . . . . . . . issue of

11 (3) . . . . . . . . . . . . . . 11 (3)

Watchman- shop assistants, etc., not to be employed as . . . . . . 55 . .

Week. meaning of term . . . . . . . . . . . . 5 (1)

Wool- sale of, by auction . . . . . . . . . . . . 60 (4)

Work given out- book, entries in to be verified . . . . . . . . book, to be kept in every factory and sdop

29 (4) . . . . . . book, to be open for inspection by inspector

29 (2) . . . . 29 (3) offence by occupier of factory or shop as to . . . . . . offences as to, generally

;: (2) . . . . . . . . . . . . testrict~ons as to . . . . . . . . . . . . . . 30 (1):'

72 INDEX ---

I

Young persons- exemption of certain work by, from Part VII . . . . 3 .. . . I obtaining of birth certificates, etc., uvon emwloyment of . . .. .. ..

Y Year-

meaning of term . . . . . . . . . . . . . . s. 5 (1) . . . .

- - producti6n of certificates as to . ." - . . . . . . . . 49 . . saving of certain Acts as to employment of . . . . . .

Page

10

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