Day Baking Act 1926 (NSW)

DAY BAKING ACT.

Act No. 13, 1926.

An Act to make certain provisions as to the hours during which bread and pastry may be manufactured and distributed ; to amend the Bread Act, 1901, and certain other Ac t s ; and for purposes connected therewith. [Assented to, 17th March, 1926.]

amended bv subsequent Acts.

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 bv the authority of the same, as follows :—

1 . This Act may be cited as the " Day Baking Act,
1926," and shall be read with the Bread Act, 1901, as

2. In this Act, unless the context or subject-matter otherwise indicates or requires,—

" Bread " includes bread rolls.
" Make or bake," in relation to bread or pastry,

does not include any operations connected with the preparation of dough for bread or pies, or with the preparation or cooking of meat required for pie-making, or with the firing of ovens.

" Pastry " includes cakes and biscuits and any goods usually made by pastrycooks.

(1) No person exercising or employed in the trade or calling of a baker shall make or bake for sale any bread—

3.

(a)	between the hours of six o'clock in the evening and half-past five o'clock in the morning of the following day ; or
(b)	upon any day appointed as a holiday in any award or industrial agreement controlling or regulating the conditions of employment of operative bakers ; or
(c)	within the county of Cumberland or of Northumberland at any time on anv Sunday.

(2) I t shall not be an offence within this section to make or bake for sale bread within the hours or upon the day mentioned in this section where the day upon which the bread is to be delivered is what is customarily known in the industry as a double delivery or a treble delivery day, or where the making or baking is done only for the purpose of saving dough endangered by unusual atmospheric conditions or unforeseen circum­

stances.

4. (1) No person exercising or employed in the trade or calling of a baker or pastrycook within the county of Cumberland or of Northumberland shall make or bake for sale any pastry—

(i)   on any Sunday except between the hours of eight o'clock in the morning and six o'clock in the evening ; or

(ii)   on any other day except between the hours of half-past five o'clock in the morning and six o'clock in the evening.

(2)

(2) No person exercising or employed in the trade or calling of a baker or pastrycook elsewhere than in the county of Cumberland or of Northumberland shall make or bake lor sale any pastry between the hours of six o'clock in the evening and half-past live o'clock in the morning of the following day.

(3) I t shall not be an offence under subsection one or subsection two of this section to make or bake pastry at any hour on any day or days not exceeding six during the period in each year commencing on the Monday immediately preceding Good Friday and ending on the Saturday next after Easter Monday.
5. If by any award or industrial agreement the starting time for persons exercising or employed in the trade or calling of a baker or pastrycook is fixed later than half-past five o'clock in the morning, such starting time shall be binding on all persons exercising or employed in such trade or calling.

(1) Whosoever being a baker or seller of bread or an employee or person acting for or on behalf of a baker or seller of bread, delivers by vehicle or other receptacle any bread to a purchaser—

6.

(a)	upon any day appointed as a holiday in any award or industrial agreement controlling or regulating the conditions of employment of bread carters; or
(b)	within the county of Cumberland or of North­

umberland between the hours of six o'clock in the evening and six o'clock in the morning of the following day ; or

(c) elsewhere than in the said counties between	the hours of six o'clock in the evening and five
o'clock in the morning of the following day,

shall be guilty of an offence against this Act.

(2) The provisions of subsection one of this

section shall not in the counties of Cumberland and
Northumberland extend to—

(a)	the delivery of bread by a common carrier whose principal business is not the carriage of bread; or
(b)	the delivery of bread to a purchaser on the premises of the baker or seller of bread.

7 . Any person who commits an offence against this Act or contravenes any of the provisions of this Act shall be liable upon summary conviction to a penalty not exceeding twenty pounds for a first offence, and for a second or any subsequent offence to a penalty of not less than ten pounds and not exceeding twenty pounds.

8 . An inspector appointed under the Early Closing Act, 1899, or any Act replacing the same, on producing the certificate of his appointment, may enter at any reasonahle hour any premises in which the trade or calling of a haker or pastrycook is carried on and make such inquiries as he think* necessary to ascertain if the provisions of this Act have heen complied with. If any person wilfully obstructs such inspector in the exercise by him of the said powers or fails to truly answer any such inquiries made by such inspector he shall be guilty of an offence against this Act.

9 . The Bread Act, 1901, as amended hy subsequent Acts is amended hy omitting from section eighteen the words " forty-eight hour s" and by inserting in lieu thereof the words " seven days."