Bread Manufacture and Delivery (Amendment) Act 1953 (NSW)

BREAD MANUFACTURE AND DELIVERY

(AMENDMENT) ACT.

Act No. 40, 1953.

An Act to provide for the licensing of bread manufacturers and the certification of operative bakers; to constitute a Bread Industry Advisory Committee and to define its powers, authorities, duties and functions; for these and other purposes to amend the Bread Manufacture and Delivery Act, 1950, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 16th December, 1953.]

BE it enacted by the Queen 's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislat ive Assembly of New South
Wales in Pa r l i amen t assembled, and by the au thor i ty of the same, as follows:—

1 . (1) This Act m a y be cited as the " B r e a d

Manufac ture and Del ivery (Amendment ) Act, 1 9 5 3 " .

(2) The B r e a d Manufac ture and Del ivery Act, 1950, as amended by this Act, may be cited as the B r e a d Manufac ture and Delivery Act, 1950-1953.

(3) This Act shall commence upon a day to be appoin ted by the Governor and notified by proc lamat ion published in the Gazette.

(b)

2 .    The B r e a d Manufac ture and Del ivery Act, 1950, i s

amended—

(a)	by omitting from subsection three of section
one the m a t t e r re la t ing to P a r t I I and by
inser t ing in lieu thereof the following m a t t e r : —

P A R T I I . — BREAD — DELIVERY, VARIETY,

STANDARDS, TRADE S U P P L I E S , BREAD MANUFACTURERS' LICENSES AND OPERA­

TIVE B A K E R S ' CERTIFICATES.

(b) (i) by inser t ing in subsection one of section two

next before the definition of " B a k e h o u s e "

the following new definition:—

" A p p r e n t i c e " means apprent ice with­

in the meaning of the Indus t r i a l

Arb i t r a t ion Act, 1940, as amended

by subsequent Acts .

(ii)   by inserting in the same subsection next after the definition of " B r e a d manufac­ t u r e r " the following new definitions:—

" C e r t i f i c a t e " means a certificate or any

renewal	thereof	issued	to	an
operat ive	baker	p u r s u a n t	to	this
Act.

" C o m m i t t e e " means the B r e a d Indus ­

t r y Advi so ry Committee	constitu­
ted under this Act.

(iii)   by inserting in the same subsection next

after the definition of " D i s t r i b u t i o n c e n t r e "

the following new definitions :—-

" L i c e n s e " means a license or any

renewal thereof issued to a b read manufac tu re r p u r s u a n t to this Act.

" M e m b e r " means member of the Com­

mit tee.

" O p e r a t i v e b a k e r " means a person

engaged in the mixing, making, moulding, weighing (except check weighing from a divider) or bak­ ing, by h a n d or machine, of dough for b read or b read rolls, or in the

taking of dough pieces for b read

or b read rolls to a p rove r or moulder, or in the hand ing on or s t r ipp ing of any ovens in connec­ t ion wi th the baking of b read or

b read rolls.

(iv)   by inserting in the same subsection next

af ter the definition of " T r a d e s u p p l i e s " the

following new definition:—

" T r a i n e e a p p r e n t i c e " means t ra inee

apprent ice within the meaning of

the

the Indus t r i a l Arb i t r a t ion Act, 1940, as amended by subsequent Acts .

(c)	by omitting the heading to Part II and by inser t ing in lieu thereof the following heading
and shor t head ing :—

BREAD — DELIVERY, VARIETY, STANDARDS,

TRADE S U P P L I E S , BREAD MANUFACTURERS'

LICENSES	AND OPERATIVE	B A K E R S '
CERTIFICATES.

DIVISION 1.—Delivery, Variety, Standards

and Trade Supplies.

(d)	by inserting next after section nine the follow­ ing shor t headings and new sections:—
DIVISION 2.—Bread Manufacturers' Licenses

and Operative Bakers' Certificates.

9A. (1) No person shall, af ter the expira t ion of six months f rom the commencement of the B r e a d Manufac ture and Delivery (Amendment) Act, 1953, c a r r y on in any premises the business of manufac tur ing , p r e p a r i n g or baking b read for t r ade or sale unless he is the holder of a license issued under th is Division in relat ion to

those	premises .
(2) An applicat ion for a license or for the renewal of a license shall be made to the Unde r Secre ta ry , shall be in or to the effect of the prescr ibed form, shall specify the premises which the appl icant proposes to use or, as the case may be, uses as a bakehouse or bakehouses and shall be accompanied by the prescr ibed fee.	(3) A license shall, subject to th is Divi­ sion, remain in force for a per iod of one y e a r f rom the date of the issue thereof and m a y be renewed from t ime to t ime for a like per iod.

(4)

(4) (a ) The Under Secre ta ry may—

(i)   grant any application for a license or for the renewal of a license e i ther un­ conditionally or subject to such t e rms and conditions as the Unde r Sec re ta ry

m a y impose ;

(ii)   during the currency of a license, impose t e rms and conditions, v a r y the exist ing t e rms and condit ions of the license or impose t e rms and conditions addi t ional to the exist ing t e rms and conditions of the license.

A n y such t e r m or condition m a y he made applicable to or in respect of all p remises or to any one or more of the premises to which the applicat ion or, as the case may be, the license re la tes .

(b) The t e rms or conditions im­

posed or va r ied p u r s u a n t to the provis ions of

p a r a g r a p h (a) of this subsection may, notwith­ s tanding anyth ing elsewhere contained in this A c t and wi thout l imit ing the genera l i ty of t ha t

p a r a g r a p h , relate to all or any of the	following
m a t t e r s ,	namely—

(i)   the times at which, the manner in which or the t e rms and conditions on which; or

(ii)   the persons by whom or the persons to whom,

bread manufactured , p r e p a r e d or baked on any

premises to which the appl icat ion or, as the case

m a y be, the license re la tes shall be delivered.

(c) No t e rm or condition imposed

or var ied p u r s u a n t to the provis ions	of	this
subsection shall opera te to require—

(i)   a bread manufacturer to sell and deliver or cause to be delivered bread to any person who upon tender of delivery fails to pay the lawful re ta i l price for such bread upon demand ;

(ii)

(ii)    a b read manufac tu re r to sell and deliver or cause to be delivered b read in any a rea a t any t ime before the t ime fixed in respect of t ha t a r ea by an a w a r d (whether in force a t the commence­ ment of the B r e a d Manufac ture and Del ivery (Amendment ) Act, 1953, or made af ter such commencement) for the t ime being in force under the Indus t r i a l Arb i t r a t ion Act, 1940, as amended by subsequent Acts , for the commencement of the o rd ina ry hours of work by bread car te r s , or after the t ime so fixed for cessation of the o rd ina ry hours of work by bread ca r te r s .

(5) Any pe r son who appl ies therefor

shall be entit led to be issued with a license if

the Unde r Secre ta ry is satisfied tha t—

(a)	the applicant is a fit and proper person to hold a l icense; and
(b)	the premises specified in the applica­ tion and the equipment and facilities provided or to be provided in such premises a re suitable for use in the manufac ture , p r e p a r a t i o n or baking of bread.

(6) Notwi ths tand ing anyth ing contained

in subsection five of this section, a pe r son in
whose name any premises being a bakehouse

a re , a t the commencement of the B r e a d Manu­

facture and Del ivery (Amendment) Act, 1953, reg is te red as a factory unde r the Fac tor ies and Shops Act, 1912-1950, shall bo enti t led to be issued with a license in respect of those premises if he makes appl icat ion therefor within six months from such commencement.

(7) The U n d e r Sec re t a ry may—

(a)	refuse the renewal of or cancel any
l icense; or

(b)

(b) suspend any license for such period as be may determine,

in re la t ion to all p remises or any one or more of the premises to which the license re la tes , if he is satisfied tha t the person to whom the license was issued—

(i)   has contravened or failed to comply with any t e rm or condition of the l icense;

(ii)   is not a fit and proper person to hold a

l icense; or

(iii)   has, after the commencement of the B r e a d Manufac ture and Delivery (Amendment ) Act, 1953, been convicted three t imes for offences (whether of the same or different kinds) aga ins t any Act re la t ing to public heal th or sections four, five, six, eight or 9B of this Act.

Where a license has been suspended under this subsection, the person to whom the license was issued shall, dur ing the per iod of suspension, be deemed not to be the holder of a license in relat ion to the premises in relat ion to which the license was suspended.

(8) A n y person who contravenes or fails to comply with the provis ions of this section or who contravenes or fails to comply with any t e rm or condition of any license held by him shall

Act. be guil ty of an offence agains t th is P a r t of this

(9) Noth ing in this section affects the

opera t ion of the Fac tor ies and Shops Act, 1912,
as amended by subsequent Acts .

9B. (1) No person shall, af ter the expira t ion of six months from the commencement of the B r e a d Manufac ture and Delivery (Amendment ) Act, 1953, act as an operat ive baker in any bake­ house unless he is the holder of a certificate issued under this Division.

(2)

(2) An applicat ion for a certificate or for the renewal of a certificate shall be made to the Unde r Secre ta ry , shall be in or to the effect of the prescr ibed form and shall be accompanied by the prescr ibed fee.

(3) A certificate shall, subject to this Division, remain in force for a per iod of one y e a r from the da te of the issue thereof and may be renewed from time to t ime for a like period.

(4) The Under Sec re ta ry may—

(a)	grant any application for a certificate or for the renewal of a certificate ei ther uncondit ionally or subject to such t e rms and conditions as the Under
Sec re ta ry m a y impose ;
(b) d u r i n g the cur rency of a	certificate,

impose t e rms and condit ions, v a r y the exist ing t e rms and conditions of the certificate or impose t e rms and condi­ t ions addi t ional to the exist ing te rms and conditions of the certificate.

(5) The Unde r Sec re ta ry may cancel any certificate or suspend any certificate for such per iod as he may determine or refuse the renewal of any certificate if he is satisfied t ha t the person to whom the certificate was issued—

(a) has contravened or failed to comply with any t e r m or condition of the certificate;

(b) is not a fit and p rope r person to hold

a certificate; or

(c) has, after the commencement of the B r e a d Manufac ture and Del ivery (Amendment ) Act, 1953, been convicted three t imes for offences (whether of the same or different kinds) aga ins t any Act re la t ing to public heal th .

Where a certificate has been suspended under th is subsection, the person to whom the certifi­ cate was issued shall, du r ing the per iod of sus­ pension, be deemed not to be the holder of a

certificate. (6)

(6) (a) Any person who applies therefor shal l he enti t led to be issued with a certificate if the Unde r Secre ta ry is satisfied tha t—

(i)   such person is a fit and proper person to hold a certificate; and

(ii)   such person has completed the pre­ scribed course of t r a in ing and passed the prescr ibed examinat ions or pos­ sesses qualifications prescr ibed by regu­ lat ion which entitle him to the issue of a certificate or is otherwise qualified for the issue of a certificate.

(b) Notwi ths tanding anyth ing con­

ta ined in p a r a g r a p h (a) of th is subsection, any

person who, within six months f rom the

•commencement of the B r e a d Manufac ture and

Delivery (Amendment ) Act, 1953, applies therefor shall be entit led to be issued with a certificate if the Under Secre ta ry is satisfied t h a t such person was, a t any t ime within two yea r s immediately preceding the commence­ ment of the Bread Manufacture and Delivery (Amendment) Act, 1953, bona fide act ing as an opera t ive baker in any bakehouse otherwise than a s an apprent ice, probat ioner for apprent ice­

ship or t ra inee apprent ice .

(7) This section does not app ly to or in

respect of an apprent ice , p roba t ioner for

appren t icesh ip or t ra inee apprent ice act ing as an operat ive baker under the direct personal control and supervis ion of the holder of

a certificate.

(8) Subject to the provisions of subsec­ t ion seven of this section, no bread manufac ture r shall knowingly pe rmi t or suffer any person who is not the holder of a certificate to act as an opera t ive baker in any bakehouse in respect of which the bread manufac tu re r holds a license.

(9) Any person who contravenes or fails
to comply with the provis ions of this section or

who contravenes or fails to comply with any t e rm

or

or condition of any certificate held by him shall be guil ty of an offence aga ins t this P a r t of th i s Act and shall be liable to a pena l ty not exceeding

fifty pounds .

9c. (1) A n y appl icant for or holder of a license or certificate who is dissatisfied with any decision of the Unde r Secre ta ry—

(a)	refusing his application for a license ei ther general ly or in relat ion to any premises or, as the case may be, r e ­ fusing his appl icat ion for a certif icate;
(b)	granting his application for a license, or, as the case may be, his applicat ion for a certificate, subject to any te rm o r condit ion;
(c)	varying any term or condition of his license or certificate, as the case may be, or imposing any te rm or condition or any addi t ional t e rm or condition
the re in ; or
(d)	cancelling, suspending or refusing the renewal of his license or certificate, a s the case may be,

may require the Under Secre ta ry to state in wr i t ing the grounds for the decision with which the appl icant or holder, as the case may be, is dissatisfied, and the Under Secre ta ry shall for thwith furnish to the appl icant or holder, as the case may be, the s ta tement re fer red to in

this subsection.

(2) A n y appl icant for or holder of a license or certificate who is dissatisfied as afore­ said may appeal aga ins t the decision of the Under Secre ta ry in the manner prescr ibed t o the Indus t r i a l Commission of New South Wales .

The appeal shall be by way of rehear ing .

The decision of the Indus t r ia l Commission of

New South Wales on any such appeal shall be

final,

final, and shall be deemed to be the decision of the Under Secre ta ry and be car r ied into effect accordingly.

DIVISION 3.—General.

9D. (1) (a) There shall be const i tuted a

B r e a d I n d u s t r y Advisory Committee which shal l have and may exercise and discharge the powers , author i t ies , duties and functions con­ fe r red and imposed upon the Committee by or under this P a r t of this Act.

(b) The Committee shall, subject to

p a r a g r a p h (d) of this subsection, consist of five

members . One of such members who shall be the cha i rman of the Committee shall be the pe r son for the t ime being holding the office of Under Secre tary . The other members shall be appo in ted by the Minister .

(c) If the Unde r Secre ta ry is unable to a t tend any meeting of the Committee he may appoin t an officer of his Depa r tmen t to a t tend and act for him at such meet ing and for all purposes such officer when so act ing shall be deemed to be the chairman of the Committee.

(d) Upon being requested so to do by the Committee, the Minis ter may appoin t addi t ional members to the Committee for the purpose of considering any mat te r . The members so appointed shall, subject to this section, bold office for such period or per iods

as the Minister may from time to time deter­	mine. While the ma t t e r in respect of which
they were appointed members is being con­ sidered by the Committee, the members so appointed shall be deemed to be members of the Committee.
(2) Subject to this section the members , o the r than the cha i rman and the members appointed under p a r a g r a p h (d) of subsection one of this section, shall hold office for a t e rm of

five

five y e a r s and shall be eligible for re-appoint­ ment f rom t ime to t ime upon the expira t ion of

the i r t e rm of office.

(3) Members shall be enti t led to receive
such remunera t ion or fees for the i r services as

m a y be fixed from time to t ime by the Governor.

E a c h member shall be enti t led to receive t ravel l ing expenses a t such r a t e as the

Governor m a y from t ime to t ime determine.

(4) A member, other than the chairman,

shall be deemed to have vacated his office if he—

(a)	d ies ;
(b)	becomes bankrupt, compounds with his credi tors or makes any assignment of his sa la ry or es ta te for thei r benefit;
(c)	becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1952;
(d)	resigns his office by writing under his
hand addressed to the Min is te r ; (e) is removed from office by the Minis ter .	o r

(5) On the occurrence of a vacancy in the office of a member, the Minis ter m a y appoin t a pe r son to the vacan t office. The pe r son so appoin ted shall, subject to this section, hold office for the remainder of his p redecessor ' s t e r m of

office.

(6) I n the case of the illness or absence of a member other t han the chai rman, the Minis ter m a y appo in t a depu ty to act in the place of such member du r ing his illness or absence.

A n y deputy appoin ted under th i s subsection

whilst act ing as such depu ty m a y exercise and discharge all the powers , author i t ies , duties and functions of the member in whose place he acts .

(7)

(7) F o r the purposes of exercising a n d d ischarging the powers , author i t ies , duties and functions conferred and imposed on the Com­ mit tee by or under this Division, the Committee may, with the approva l of the Minis ter con­ cerned and of the Public Service Board , on such t e rms as may be a r ranged , make use of the services of any of the officers or employees of

any Government Depar tmen t .

(8) A major i ty (one of whom shall be the cha i rman) of the members (including, where the Committee is considering any m a t t e r in respect of which addi t ional members have been appointed, those addi t ional members ) of the Committee shall const i tute a quorum for the purposes of any meet ing of the Committee, and any duly convened meet ing a t which a quorum is p resen t shall be capable of exercising and per forming any of the powers , author i t ies , duties and functions conferred and imposed upon the Committee by or unde r th is P a r t of this Act.

(9) A t any meet ing of the Committee a t which a quorum is p resen t the decision of the major i ty of the members p resen t and vot ing a t such meet ing shall be the decision of the Committee.

If a t any meet ing of the Committee the vot ing on any m a t t e r is equal, the cha i rman shall have a second or cas t ing vote.

(10) No act or proceeding of the Com­ mit tee shall be inval idated or prejudiced by reason only of the fact t h a t a t the t ime when such act or proceeding was done, taken or com­ menced, there was a vacancy in the office of any member .

(11) The Committee shall cause minutes of i ts proceedings and decisions a t formal meet ings to be kept .

(12)

(12) The procedure for the calling of meetings of the Committee and for the conduct of business a t such meet ings shall, subject to th is section and to any regulat ions made under this P a r t of this Act in relat ion there to , be as de termined by the Committee.

9E. (1) The Committee shall have power to—

(a)	investigate and make recommendations to the Minis ter in respect of special measures necessary to improve methods of b read making and dis t r ibut ion and
san i t a ry conditions in bakehouses ;
(b)	recommend to the Minister standards
of efficiency necessary for persons
engaged in the manufac ture of b r e a d ;
(c)	consider and recommend to the Minister any amendment of exist ing legislation and proposa ls for fu ture legislation which in i ts opinion a r e necessary and desirable in respect of any ma t t e r s re la t ing to the indus t ry of
b read manufac tur ing .

(2) The Committee shall, when so directed by the Minister , invest igate and furnish to the Minis ter a r epor t and recommendation with respect to any m a t t e r re levant to the indus t ry

of b read manufac tu r ing which may be	re fe r red
to the Committee by the Minister .

(e) (i) by inser t ing in p a r a g r a p h (b) of subsection

one of section ten af ter the word " p r o ­ d u c t i o n " the words " o f any license or

certificate o r " ;

(ii) by inser t ing in p a r a g r a p h (c) of subsection

two of the same section af ter the

words " p r o d u c e a n y " the words " l i cense ,

ce r t i f i ca te" ;

(f) by omit t ing section twelve;

(g)

(g) by inserting at the end of section thirteen the following new subsection:—

(5) I n any proceedings for an offence aga ins t th is P a r t of this Act or the regulat ions there­ under a s ta tement p u r p o r t i n g to be s igned by the Under Secre ta ry—

(a)	that any person was on any date or dur ing any per iod mentioned in the s ta tement the holder of a license in respect of any premises specified in the s ta tement or the holder of a certificate and as to the t e rms and conditions, if any, of the license or certificate;
(b)	that any person was not on any date or dur ing any period ment ioned in the s ta tement the holder of a license in respect of any premises specified in the s ta tement or the holder of a certif icate; or
(c)	that on any date or during any period mentioned in the s ta tement the license or certificate of any person was sus­ pended,

shall be evidence of the ma t t e r s contained in such s ta tement without proof of the s ignature or of the official charac ter of the person appear ­ ing to have signed the same.

(h)	by inserting at the end of subsection one of
section fourteen the following new pa ra ­
g r a p h s :—

(d)	prescribing the forms of applications for licenses and certificates and for renewals of licenses and certificates and the forms of licenses and certificates;
(e)	requiring holders of licenses to keep
records and reg i s te r s as p resc r ibed ;
(f)	requiring licenses and other prescribed documents to bo exhibited and regu- la t ing the manner of exhibit ion;

(g )

(g)	prescr ib ing the fees to be pa id on appl i ­ cat ions for licenses and certificates;
(h)	prescr ib ing the course of t r a in ing to be completed and the examinat ions to be passed by appl icants for certificates and the qualifications the possession of which shall entitle a person to the issue of a certificate;

(i) relating to the holding and conduct of

examinat ions for cert if icates;
(j)	providing for the establishment of a
Bake r s Examina t ion B o a r d ;

(k) re la t ing to the powers , author i t ies ,

duties and functions of the Baker s

Examina t ion B o a r d ;

(1) p rescr ib ing the fees to be pa id for examinat ions for certificates for

opera t ive	b a k e r s ;
(m)	relating to any matter the subject of a recommendat ion made by the Com­ mit tee unde r p a r a g r a p h s (a) and (b) of subsection one of section 9E of this Act in so f a r as such regula t ions a re necessary to give effect to such recom­ mendat ion and provision with respect to t ha t m a t t e r is no t made under any other Act or regulat ions made there­ under .

J U D G E S '