Bread Industry Act 1946 (NSW)
BREAD INDUSTRY ACT. Act No. 40, 194G.
An Act to make provision for day baking; to amend the Factories and Shops Act, 1912, and the Industrial Arbitration Act, 1940, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 21st May, 1946.]
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as follows :—
PART I.
PRELIMINARY.
1. ( 1 ) This Act may be cited as the "Bread Industry
Act, 1 9 4 6 . "
( 2 ) This Act shall commence upon a day to beappointed by the Governor and notified by proclamation
published in the Gazette.(3) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected.
SCHEDULE. 2. This Act is divided into Par ts as follows:—
PART I.—PRELIMINARY. PAET II .—DAY BAKING. PAET III.—GENERAL.
PART IV.—AMENDMENT OF FACTORIES AND SHOPS
ACT, 1912, AS AMENDED BY SUBSEQUENT ACTS.
3. In this Act unless the context or subject matter
otherwise indicates or requires:—
" B r e a d " includes bread rolls. "Bread distributor" means a person who sells bread purchased from a bread manufacturer to bread resellers, wholesale users or consumers, but does not include a bread reseller.
"Bread manufacturer" means a person who carries on the business of manufacturing, preparing or baking bread for sale or who, in carrying on any business, manufactures, prepares or bakes bread for consumption or use in the course of that business.
"Bread reseller" means a person who sells bread by retail at his place of business, but does not include a person who supplies bread for con sumption or use on his premises.
" Inspector" means inspector within the meaning of the Factories and Shops Act, 1912, as amended by subsequent Acts.
"Make or bake" in relation to bread does not include any operations connected with the preparation of dough for bread or with the firing of ovens. "Prescr ibed" means prescribed by this Act or theregulations made thereunder.
4. This Act other than Par t IV shall apply to the
Counties of Cumberland and Northumberland and to such
other districts as the Governor may by proclamation
| published in the Gazette direct. | PART II. |
DAY BAKING.
5. The time or times for commencing work for employees engaged in the making or baking of bread on any day in any week of a type set forth in the Schedule to this Act shall be the time or times for com mencing work specified in such Schedule in respect of such day.
6. Any bread manufacturer or employee engaged in the making or baking of bread who in the County of Cumberland or County of Northumberland or in any other district to which this Act applies makes or bakes for trade or sale any bread after the hour of six o'clock in the afternoon of any working day and before the time next after such hour fixed by the Schedule to this Act as a time for commencing work for employees engaged in the making or baking of bread shall be guilty of an offence against this Par t of this Act.
7. The Minister may in the case of any emergency or unforeseen circumstances exempt any bread manu facturer or employee engaged in the making or baking of bread from the operation of all or any of the provi sions of sections five and six of this Act for such period and subject to such conditions as the Minister may determine.
8 . (1) Any person being a bread manufacturer, bread distributor or an employee of a bread manufacturer or bread distributor who in the County of Cumberland or County of Northumberland or any other district to which this Act applies delivers, by vehicle or other receptacle, any bread to a purchaser before the time that may be fixed by an award (whether in force at the commencement of this Act or made after such commencement) for the time being in force under the Industrial Arbitration Act, 1940, as amended by subsequent Acts, for the commen cing of the ordinary hours of work by breadcarters in such County or district or after the time that may be so fixed for the cessation of the ordinary hours of work by
breadcarters in such County or district, shall be guilty
of an offence against this Par t of this Act:Provided that—
(a)
no such person shall so deliver bread after the hour of eleven o'clock in the forenoon on a Saturday, not being a treble delivery day, and before the time fixed by any such award for the commencing of the ordinary hours of work by breadcarters in such County or district for the next working day;
(b)
where a Saturday is a treble delivery day no such person shall so deliver bread after the hour of seven o'clock in the afternoon and
before
before the time fixed by any such award for the commencing of the ordinary hours of work by breadcarters in such County or district for the next working day;
(c) no such person shall so deliver bread after the hour fixed by any such award for the cessation of the ordinary hours of work by breadcarters in such County or district on the working day next preceding any day fixed by that award or by Statute clS cl holiday and before the time fixed by that award for the commencing of the ordinary hours of work by such breadcarters on the next working day following such holiday.
In this section "treble delivery d a y " means a day in which three days ' bread or more is delivered.
(2) This section shall not apply to or in respect of the delivery of bread to a purchaser on the premises of the bread manufacturer or bread distributor.
9. Any person who commits an offence against this Par t of this Act shall be liable upon summary conviction for a first offence to a penalty not exceeding fifty pounds and for a second offence to a penalty of not less than twenty-five pounds and not exceeding one hundred pounds, and for a third or subsequent offence to a penalty of not less than fifty pounds and not exceeding two hundred pounds.
PART III . GENERAL.
10. (1) Any inspector authorised in that behalf by the Minister shall have power—
(a)
to enter and inspect at all reasonable hours by day or night any premises of any bread manu facturer, bread distributor or bread reseller, for the purpose of ascertaining whether the provi sions of this Act and the regulations thereunder are being complied with;
(b)
(b)
to require the production of any books, docu ments and papers referring to the manufacture, distribution and sale of bread and to examine, make copies of or extracts from the same;
(c)
to stop any person engaged in the distribution or delivery of bread and search any vehicle, basket or other means used in connection with such distribution or delivery;
(d)
to interrogate any bread manufacturer, bread distributor or bread reseller and any of their employees with respect to any matter coming within the provisions of this Act or the regu lations thereunder.
(2) (a) Every bread manufacturer, bread distri butor and bread reseller, their agents or servants, shall furnish the means required by an inspector for an entry, inspection, examination and inquiry, or the exercise of his powers under this Act or the regulations thereunder..
(b) If the admission of an inspector into any premises in the exercise of his powers under this Act or the regulations thereunder is refused or unreason ably delayed, such inspector, if accompanied by a member of the police force, may enter such premises with such assistance as may be deemed requisite.
(c) Every person who wilfully delays or obstructs an inspector in the exercise of any power conferred on him by this Act or the regulations there under, or who fails to comply with a requisition of an inspector made under any such power as aforesaid, or
to produce any books, documents or papers which he is
required to produce or who conceals or prevents any person from appearing before or being examined by an inspector in the execution of his powers shall be guilty of an offence against this Act:
Provided that no person shall be required to answer
any question or give any evidence incriminating himself.
(3) (a) Every inspector shall be furnished with
an authority and on applying for admission to any
premises, or exercising any powers conferred on him by
this Act or the regulations thereunder, shall, if required,
produce such authority to the occupier or person
concerned. (b)
(b) Every person who forges or counterfeits any such authority or makes use of any forged, counter feited, or false authority, or personates the inspector named in any such authority, or falsely pretends to be an inspector under this Act, shall be guilty of an offence against this Act.
11. (1) Proceedings for an offence against this Act or the regulations thereunder may be taken by any per son acting with the authority of the Minister.
(2) On a prosecution for any such offence an authority to prosecute purporting to be signed by the Minister shall be evidence of such authority without proof of the Minister's signature.
(3) All proceedings for offences against this Act or the regulations thereunder may be disposed of summarily before a police or stipendiary magistrate or an industrial magistrate appointed under the Industrial Arbitration Act, 1940, as amended by subsequent Acts.
(4) The provisions of the Industrial Arbitration Act, 1940, as amended by subsequent Acts, and the regu lations thereunder, relating to proceedings before an industrial magistrate and to appeals from an industrial magistrate to the Commission shall apply mutatis mutandis to proceedings before a police or stipendiary magistrate or an industrial magistrate for offences against this Act or the regulations thereunder.
12. (1) The Governor may make regulations not
inconsistent with this Act prescribing all matters which
by this Act are required or permitted to be prescribed
or which are necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
(2) The regulations may impose a penalty not exceeding twenty pounds for any breach thereof.
(3) The regulations shall—
(a) be published in the Gazette;
(b)
take effect from the date of publication or from a later date to be specified in the regulations; and
(c)
be laid before both Houses of Parliament within fourteen sitting days after the publication
thereof
thereof if Parliament is in session, and if not, then within fourteen sitting days after the com mencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
PART IV.
AMENDMENT OF FACTORIES AND SHOPS ACT, 1912 , A S
AMENDED BY SUBSEQUENT ACTS.
13. ( 1 ) The Factories and Shops Act, 1912 , as amended by subsequent Acts, is amended by inserting at the end of section one hundred and eighteen the follow ing new subsection:—
( 2 ) This Division of this Par t of this Act shall not apply within the County of Cumberland or County of Northumberland or any district to which the Bread Industry Act, 1946, applies—
(a)
to or in respect of any person exercising the trade or calling of a baker, whether an employer of labour or not, or any person employed in such trade or calling, who in such County or in any such district makes or bakes bread for sale;
(b) to any person being a baker or seller of not, or an employee or person acting for or on behalf of a baker or seller of bread or any contractor for the delivery of bread who delivers by vehicle or other receptacle any bread in such County or in any such district.
bread, whether an employer of labour or
( 2 ) The Factories and Shops Act, 1912 , as
amended by subsequent Acts and by this Act, may be
cited as the Factories and Shops Acts, 1912-1946 .
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