Bread Act Amendment Act 1937 (WA)

1937.]

Bread.

[No. 49.

BREAD.

1 0 AND 2° GEO VI., No XLIX.

No. 49 of 1937.

AN ACT to amend the Bread Aet, 1903, and the Bread Aet Amendment Act, 1906; and for other relative purposes.

[Assented to 18th January, 1938.]

B E it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Bread Act Amend- Short title.

ment Act, 1937, and shall be read as one with the Bread Act, 1903 (No. 5 of 1903), as amended by the Acts Nos. 16 of 1906, 13 of 1911, and 39 of 1915, hereinafter called the principal Act.

Section three of the principal Act is amended as Amendment

of s. 3 of the

follows :—

principal Aet.

(a) by inserting the following new term and defini- tion at the head of the list of terms and defini- tions in that section:—

"Baker's holiday" means any of the follow-

ing days :—New Year's day, Christmas

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Bread.

[1937.

day, Labour day, Good Friday, and the day observed as the Operative Bakers' picnic day, and any other day which is by the terms of any relevant industrial award made under the provisions of the Indus- trial Arbitration Act, 1912, and amend- ments specified as a bakers' holiday;

(b)	by striking out the term "Household wheaten bread" and the definition relating thereto and substituting the following term and definition:— "Bread" means all classes of bread whether plain or fancy but does not include

Vienna bread;

(c)	by striking out the definition of "Inspector" and

substituting the following :—

" Inspector " means an inspector

(a)	appointed by a municipal council or

a road board under this Act; or

(b) appointed under the Health Act,

1911-1935; or

(c)	appointed under the Factories and

Shops Act, 1920,

and includes any acting or assistant in-

spector;

(d)	by striking out the terms "Mixed bread" and "Standard brown bread" and the definitions re- lating thereto;
(e)	by striking out the word "eight" in the definition of the term "rolls" and inserting the word "four" in its stead;
(f)	by adding the following definition at the end of the

section :—

" Vienna bread" means standard wheaten bread

in the making whereof butter or lard or margarine and sugar are added and which also contains milk of a liquid quantity not less than thirty per centum of the liquid contents.

Repeal of

a. 4 of the	3. Section four of the principal Act is repealed.
principal Act.

1937.]

Bread.

[No. 49.

4. Section five of the principal Act is repealed and the

Vsetortheu

following section substituted:—

principal Act.

5. (1.) All dough intended to be made into bread nwoeta thou?.

shall be weighed out in the bakehouse in the follow- before	baking.
mg quantities :—

(a)	not less than eighteen ounces or more than twenty ounces for a loaf to be known as a No. 1: loaf ;
(b)	not less than two lbs. four ounces for a loaf to

be known as a No. 2 loaf ;

(c)	not less than four lbs. eight ounces for a loaf

to be known as a No. 3 loaf.

(2.) After the dough for the loaves has been weighed out it shall be an offence for any person to reduce the amount of the dough in any dough so weighed out.

(3.)

In ascertaining the weight of a dough for a No. 1 loaf for the purpose of this section, one dozen doughs of or intended for a No. 1 loaf shall be selected at random in the bakehouse and the average weight of the doughs so selected shall be taken to be the weight of each of the doughs so selected.

(4.) Any person who weighs or causes dough to be weighed out in quantities less than the quantities stipulated in subsection (1) of this section shall be liable to a fine of two shillings and sixpence for every ounce or part of an ounce in respect of which the dough weight so weighed out is less than that speci- fied in that subsection. Notwithstanding the provi- sions of any other Act to the contrary, such fine shall be fixed and irreducible.

5. A new section is added in the principal Act after A new

section 5A

section five as follows:—

inserted.

5A. (1.) No person shall make Vienna bread for Method of

sale or sell any bread as Vienna bread unless the fol- making

v yekninna bread

lowing provisions have been complied with in the

manufacture of the Vienna bread:

(a) The bread shall be baked only in an oven into

which superheated steam shall be injected

during the process of the baking or in an

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[1937.

oven specially constructed for the baking of Vienna bread and the loaves shall be baked only in an oval shape, and each loaf before it is baked shall be marked with not less than three or with not more than four inci- sions which are plainly visible on each loaf when baked.

(b) All dough intended to be made into Vienna bread shall be weighed out in the bake- house in the following quantities:—

a nine ounce dough for a loaf to be known

as a No. 1 Vienna loaf;

an eighteen ounce dough for a loaf to be

known as a No. 2 Vienna loaf.

(2.) After the dough for the loaves has been weighed out, any person who reduces the amount of the dough in any dough so weighed out commits an offence against this Act.

(3.)

It shall be an offence against this Act to sell or expose for sale any bread or pastry under the name of Vienna bread or under any name or descrip- tion calculated to deceive the purchaser into the belief that the same is Vienna bread or to make any mark or incision on the bread or pastry commonly used or resembling any mark or incision to denote Vienna bread, if the product so sold is not Vienna bread which has been made in accordance with the provisions of this Act.

Any person who weighs or causes dough to be weighed out in quantities less than the quantities stipulated in subsection (1) of this section shall be liable to a fine of two shillings and sixpence for every ounce or part of an ounce in respect of which the dough weight so weighed out is less than that speci- fied in that subsection. Notwithstanding the pro- visions of any other Act to the contrary, such fine shall be fixed and irreducible.

(4.)

Amendment

Section six of the principal Act is amended by striking out the words "which is or which purports to be standard wheaten bread, household wheaten bread, or mixed bread, as the case may be" in lines one, two and three of subsection (2).

of s. 6 of the

principal Act.

Repeal of

s. 8 of the	7.	Section eight of the principal Act is repealed.
Principal Act.

1937.]

Bread.

[No. 49.

Repeal of

8. Section nine of the principal Act is repealed.	s. 9 of the principal Act.
Amendment
9. Section twelve of the principal Act is amended	of s. 12 of the principal Act.

(a)	by striking out paragraph (c) of subsection (1)

and substituting the following:

(b)	by inserting the words "or bread" after the word

"dough" at the end of paragraph (d).

10. Section thirteen of the principal Act is repealed. R	a.epAalof °tit e
principal Act.
11. Section fifteen of the principal Act is repealed.	Repeal ofs. 15 of the
principal Act.

12. Section sixteen of the principal Act is hereby re- Aornittmefn:h

the

pealed and the following section inserted in its place:— pri a/fcips? Act.

16. (1.) This section shall apply only to that portion of the State within a radius of twenty-five miles from the General Post Office, Perth, and that portion of the State within a radius of eight miles from the principal post office, at Kalgoorlie.	Hours for
baking.

It shall be unlawful for any person exercising or employed in the trade or calling of a baker to make or bake bread or Vienna bread for sale, except on such days and during such hours as are respec- tively described by this section or authorised by the Minister under this section.

(2.)

Penalty: Not less than ten pounds or more than fifty pounds.

(3.) Subject as hereinafter provided, bread or Vienna bread may be made or baked for sale on any day except a Sunday.

Bread shall be made or baked for sale only

during the following hours of the days hereinafter

specified, that is to say

(4.)

from 3 a.m. to 8 p.m. on Mondays, Tuesdays, Wed- nesdays, and Thursdays, except where any Tues- day, Wednesday or Thursday is what is known in the bread industry as a double or treble delivery day, when the hours shall be from 8 p.m. of the

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[1937.

day preceding such double or treble day until mid-

day of such double or treble day;

from 3 a.m. to 12 noon on Friday and from 8 p.m.

on Friday to mid-day of Saturday next day.

Vienna bread shall be made or baked for sale

only during the following hours of the days herein-

after specified, that is to say

(5.)

from 1 a.m. to 10 a.m. on Mondays, Tuesdays, Wed- nesdays, and Thursdays, except where any Tues- day, Wednesday or Thursday is what is known in the bread industry as a double or treble delivery day, when the hours shall be from 8 p.m. on the day preceding such double or treble delivery day until 5 a.m. of the double or treble delivery day.

from 8 p.m. on Friday until mid-day on the next

following Saturday.

(6.) Notwithstanding the provisions of subsections (3), (4), or ( 5 )-

(a)	dough may be made on any day and at any time subject to the provisions of any rele- vant industrial award or agreement made under the provisions of the Industrial Arbi- tration Act, 1912-1935;

(b) no bread or Vienna bread shall be made or

baked for sale-

before midnight of any day which is a bakers' holiday excepting, however, Good Friday, in which latter case the hours shall be as specified in subsections (4) and (5) respectively;

(i)

(ii) on the Monday following New Year's

day, if New Year's day falls on a Sunday;

(iii) on the Monday following Christmas

day, if Christmas day falls on a Sunday;

(iv)

from 12 p.m. on the Friday preceding the next day Saturday when that Saturday is the day of the Operative Bakers' picnic until 3 a.m. of the next following Monday.

1937.]

Bread.

[No. 49.

(c) Whenever in the opinion of the Minister any arise or are likely to arise at any particular time, the Minister may in his discretion with the consent of the industrial union of em- ployers and the industrial union of workers operating in the bread industry in any dis- trict or place grant authority to any person or persons to make or bake bread for sale in that district or place on any day (except Sunday) during such hours either in addi- tion to or in substitution for the hours here- inbefore specified and on such conditions as the Minister may determine in any par- ticular case; and in that event the making or baking of bread for sale during such additional or substituted hours and on the conditions imposed by the Minister shall not be a breach of this section.

exceptional or unforeseen circumstances

13. The following new sections are added after section ya learns

sixteen of the principal Act :--

16C

added.

add

16A. It shall be unlawful for any person to sell Hours for

delivery of

or deliver any bread or Vienna bread for sale—

bread.

(a)	between the hours of 7 p.m. on any Monday, Tuesday, Wednesday, or Thursday and 6 a.m. of the day next following any such day;
(b)	between the hour of 7 p.m. on Friday and the hour of 5 a.m. on the following Saturday;

(e) between the hours of 7 p.m. on Saturday and 6 a.m. of the following Monday;

(d) between the hours of 7 p.m. on the day next preceding a bakers' holiday and 6 a.m. of the day following such bakers' holiday: provided that if the day following the bakers' holiday is Easter Saturday such lastmentioned hour shall be 5 am. in lieu of 6 a.m.

Penalty: Not less than ten pounds or

more than fifty pounds.

16B. (1.) This section shall apply to that portion of the State outside a radius of twenty-five miles	country areas.
Baking in

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[1937.

from the General Post Office, Perth, and outside a radius of eight miles from the principal post office, at Kalgoorlie.

No person exercising or employed in the trade or calling of a baker shall make or bake bread for sale between the hours of 8 p.m. on any one day and 5 a.m. on the next following day:

(2.)

Provided that the majority of bakers in any muni- cipal or road district may at a poll taken in the pre- scribed manner determine that no bread shall be made or baked for sale at all by any person exercis- ing or employed in the trade or calling of a baker at all on any one day in the week which may be either a Saturday or a Sunday, and such determination shall have effect until another poll is taken in the pre- scribed manner, and the result of every such poll shall be notified by the Minister in the Gazette.

Prohibiting

(3.)

No person shall sell or deliver bread for sale before the hour of five in the morning on any day or deliver bread on Sundays or on any bakers' holiday.

delivery

before 5 Am.

(4.) Provided that all or any hours herein- before prescribed or fixed for the making or baking of bread or sale or delivery of bread may be varied within any district to which this section applies, pro- vided any variation in such hours are mutually agreed upon between the employers engaged in the baking industry in such district and the industrial union of workers operating in the baking industry therein. Failing an agreement being arrived at by such parties then such employers or union of workers may apply to a board of reference under the provi- sions of the Industrial Arbitration Act for the time being in force, whose decision shall be final.

(5.) This section shall not apply to the making of dough which may be made on any day and at any time, subject, however, to the provisions of any rele- vant industrial award or agreement made under the Industrial Arbitration Act, 1912-1935.

Repeal of the 14. The Bread Act Amendment Act, 1906, is hereby

Bread Act

Amendment repealed and the following new sections are added after

Act, /906.

section sixteen B inserted by the preceding clause :—

Bread carters'

holidays.

160. (1.) Subject to this section every person

employed as a bread carter by any person carrying

1937.

]

Bread.

[No. 49.

on business as a baker of bread for sale in that por- tion of the State within a radius of twenty-five miles from the General Post Office at Perth or within a radius of eight miles of the principal post office at Kalgoorlie shall receive and be granted by his employer

(a)

a holiday on full pay on each of the following days :—New Year's day, Anniversary day of Australia, Good Friday, Easter Monday, Anzac day, Labour day, Christmas day, and Boxing day; and

(b)

on completion of each twelve months' service with his employer six consecutive working days' holiday on full pay within three months of the completion of each such period of twelve months' service: provided that, if the employee does not complete twelve months' service with his employer, he shall on leaving the service of such em- ployer be entitled to receive and his em- ployer shall pay him in lieu of holidays under this paragraph a sum equivalent to one half day's pay for each month served and a proportionate part of one half day's pay for any part of a month served.

(2.) If any employer to whom this section applies, fails, or refuses to observe and comply with any pro- visions of this section, he shall without prejudice to any civil remedy his employee may have against him be guilty of an offence.

Penalty : Not less than ten pounds or more than fifty pounds.

16D. (1.) Whenever Christmas day falls on a Extra

da dayso

Sunday, any person employed as a baker by any rud

other person carrying on business as a baker of sada; "

bread for sale shall be entitled to an extra day's holi- day on full pay, to be added to any annual leave to which he may be entitled under the provisions of any relevant industrial award or agreement made under the Industrial Arbitration Act, 1912, and its amend- ments.

(2.) Whenever Christmas day, Boxing day, or

New Year's day falls on a Sunday any bread carter

employed by any other person carrying on business

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as a baker of bread for sale shall be entitled to an extra day's holiday on full pay in respect of any of such days which falls on a Sunday, and such extra day's holiday shall be added to any annual leave to which he may be entitled under the provisions of any relevant industrial award or agreement made under the Industrial Arbitration Act, 1912, and its amend- ments.

(3.) If any employer to whom this section applies fails or refuses to observe and comply with any pro- visions of this section he shall, without prejudice to any civil remedy his employee may have against him, be guilty of an offence.

Penalty: Not less than ten pounds or more than fifty pounds.

Now sections

15. The

followim, new sections are added after sec-

28A and 23B

added.	tion twenty-three of the principal Act:—
Bread not to

be taken back	23A. (1.) After bread has been delivered to any person for sale or after bread has been sold and de- livered to any person, no person shall accept redeliv- ery of or exchange or take back into stock the bread so delivered.
after
delivery.

Penalty : Not less than five pounds or more than

fifty pounds.

If any person to whom bread has been deliv- ered redelivers the same to the person from whom he took delivery in contravention of the provisions of the preceding subsection, he shall be liable to a pen- alty of not less than five pounds or more than fifty pounds.

(2.)

(3.) Nothing in this section shall apply to any bread taken out by a bread carter on his round and which remains unsold at the end of the round and is then redelivered by the bread carter to the bake house.

Regulations. 23B. The Governor may make regulations for the

purpose of this Act for carrying into effect the pro- visions thereof and for prescribing such matters as in the opinion of the Governor may be necessary or convenient to be prescribed thereunder and in par- ticular without limiting the generality of the fore- going the Governor may make regulations prescrib- ing the method of taking a poll for the purpose of section 16B of this Act.

79371

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[No. 49.

16. (1.) The principal Act as amended by this Act peritnatpl of

may be cited as the Bread Act, 1903-1937.

as amended.

(2.)	The principal Act as amended by this Act shall Reprinting.

be reprinted by the Government Printer under the super-

vision of the Clerk of Parliaments.

(3.) In any such reprint

(a) the sections shall be renumbered in arithmetical order and appropriate references shall be made in the margins to the sections;

(b)	the cross-references shall be adjusted where

necessary;

(c)	the short title of the reprint shall be in con-

formity with subsection (1) of this section.