Early Closing Act 1898 (WA)
RA astern gittotratia.
ANNO SEXAGESIMO SECUNDO
VICTORL1 BEGINS
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No. XXXVI.
AN ACT for limiting the Hours of Business
in Shops.
[Assented to, 2gt1a October, 49e.]
| Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:— | BE it enacted by the Queen's Most Excellent Majesty, by and |
1. THIS Act may be cited as the Early Closing Act, 1898. It
| is divided into two parts— | Shor |
PART I.—PRELIMINARY AND INTERPRETATION.
PART IL—PROVISIONS IN FORCE AFTER PROCLAMATION OF ACT.
62" VICTORIA, No. 36.
Early Closing.
PART I.—PRELIMINARY AND INTERPRETATION.
2. IN this Act, unless the context otherwise indicates, the
| Interpretation. | following terms shall have the meaning, and include the matters following, that is to say :- |
" Shop " means any building or place, or portion of a building or place, in which goods are sold or exposed or offered for sale by retail, and shall include stall, tent, vehicle, and boat :
Shop.
| Closed. | " Closed " means closed against the admission of the public, and the transaction of business for the remainder of the day : |
| " Half-holiday " means closed, and remaining closed against the admission of the public and the transaction of business for the remainder of the day after one o'clock in the after- noon : | |
| Half-holiday. | |
| Minister. | " Minister " shall mean the Colonial Secretary or other Minister |
of the Crown administering this Act for the time being:
| Inspector. | " Inspector " means any inspector appointed under this Act: |
| Shop assistant. | " Shop assistant " means any person who works in a shop, and includes persons engaged as clerks, but does not include any person engaged solely as a carter or night watchman: |
| District. | District" shall mean a district constituted for the purposes of |
this Act :
| Shopkeeper. | " Shopkeeper " means the person, company, or association, corporate or incorporate, or partnership employing any person in any shop, or occupying any shop, building, or place intended to be used as a shop, and includes any agent, manager. foreman, or other person acting, or apparently acting, in the management or control of any such shop. |
THE provisions of sections seven to ten of this Act shall not Provided that if any shopkeeper shall in any such shop also carry on any business of the class usually carried on in shops not so included, then in every such case the provisions of this Act shall apply to such shop.
| Act not to apply to | 3. |
| certain shops. | apply to shopkeepers of shops, or to shops or premises included in the Schedule to this Act. |
4. THE Minister may from time to time appoint and dismiss
Appointment and re-
| moval of inspectors. | so many inspectors as may be necessary for carrying this Act into effect. |
| Act to be in opera. | 5. | T HE Governor may from time to time, by proclamation in |
| tion only in pro- |
| claimed districts. | the Government Gazette, define and declare the boundaries of places |
62" VICTORIX No. 36.
Early Closing.
or districts other than the Metropolitan. Geraldton, Coolgardie, Kalgoorlie, Boulder, Kanowna. Belong, Menzies, and Broad Arrow districts, and declare such places or districts to be, or to cease to be, districts for the purposes of this Act, and shall, by the proclamation proclaiming a district, fix the time (such time being not earlier than six a.m. nor later than seven-thirty p.m.) for the opening awl closing of shops within such district on every day of the week excepting on Sundays and public holidays, and (as to the hour for closing shops) excepting on days whereon a later hour than seven-thirty p.m. is provided by this Act for the closing of shops ; and on and after such proclamation the provisions of this Act shall come into operation within such district.
| 6. THIS Act shall come into operation within the Metropolitan, | Act to be in opera. |
Geraldton, Coolgardie, Kalgoorlie, Boulder, Kanowna, Bulong, Lion in Metropolitan
r
| Menzies, and Broad Arrow districts on the 1st clay of January, 1899. District on 1st | January, 1899. |
"The Metropolitan District" includes and is comprised within the boundaries for the time being of the Municipality of Perth and Municipality of Fremantle ;
"The Geraldton District" includes and is comprised within the boundaries for the time being of the Municipality of Geralciton ; and
"'the Coolgardie District" includes and is comprised within the boundaries for the time being of the Municipality of Coolgardie; and
" The Kalgoorlie District " includes and is comprised within the boundaries for the time being of the Municipality of Kalgoorlie ; and
" The Boulder District" includes and is comprised within the boundaries for the time being of the Municipality of the Boulder ; and
"The Kanowna District " includes and is comprised within the boundaries for the time being of the Municipality of Kanowna; and
"The Bulong District " includes and is comprised within the boundaries for the time being of the Municipality of Bulong ; and
" The Menzies District " includes and is comprised within the boundaries for the time being of the Municipality of Menzies; and
" The Broad Arrow District " includes and is comprised within the boundaries for the time being of the Municipality of Broad Arrow.
62" VICTORIAE, No. 36.
Early Closing.
PART I1.—PROVISIONS IN FORCE AFTER PROCLAMATION OF ACT.
All shops to be closed7. SUBJECT to the provisions of this Act all shops within the
at 6 p.m. Metropolitan, Geraldton, Coolgardie, Kalgoorlie, Boulder, Kanowna, Bulong, Menzies and Broad Arrow districts shall be closed on week days every evening at the hour of six o'clock until eight o'clock in the morning of the following week-day, and all shops within districts proclaimed after the passing of this Act shall be opened and closed at the hour or hours fixed and proclaimed by the Governor for such districts respectively until eight o'clock in the morning of the following week-day : Provided that any, shopkeeper may keep his
| Substituted half- | shop open on the evening of either Wednesday or Saturday in every |
| holiday allowed. | week up to the hour of ten o'clock : Provided that the day whereon the shopkeeper so keeps open shall not be the same as that upon which his shop is closed for a half-holiday. |
Every shop shall be 8. EVERY shop shall be closed for .a half-holiday on at least
| holiday per week. | closed for one half- one week day in each week, excepting any week during which a |
public holiday intervenes.
The Minister shall forthwith, after the coming into operation of
this Act in any district, declare by proclamation in the Government
Gazette not less than two week days, on one of which days such half-
holiday shall be observed by all shops and places of business afore-
said throughout such district.
The days so declared to be observed may be altered or changed from time to time by the Minister, by proclamation as aforesaid.
Penalty for keeping 9. IF any shop assistant be employed or allowed to be or
| hours. | shop assistants after remain in any shop on any clay later than three-quarters of an hour |
after the hours fixed for closing by section seven of this Act, or by Proclamation, or after the hour of one forty-five p.m. in the afternoon on one of the days proclaimed for a half-holiday as aforesaid, or subject as hereinafter provided earlier than the hour of eight o'clock in the morning., the shopkeeper shall be liable to a penalty not exceeding Five pounds for each offence : Provided that shop assistants engaged in or about dairies, and butchers', greengrocers', fruiterers', and bakers' shops may be employed before the hour of eight o'clock in the morning.
Provided that the shop assistants in any shop may be employed after such closing hours for a period not exceeding three hours in any day (not being a half-holiday) on not more than twenty-four days in any one year, but during such hours the shop shall be closed.
62° VICTORIAE, No. 36.
Early Closing.
| 10. ALL shops shall be closed in accordance with the provi- | keeping |
| sions of section seven of this Act, and on the half-holiday aforesaid, Z | onpoypeitia | alt | .after pro- |
and. if any shopkeeper fails or neglects so to close his shop he shall scribed hour.
be liable to a penalty not exceeding Twenty pounds for each
occasion upon which he fails or neglects so to do.
Provided that on the week days preceding Christmas Day, New Year's Day, and Good Friday, and a public holiday which falls on a Saturday respectively, all shops may be kept open up to the hour of ten o'clock in the evening.
| NO shopkeeper shall employ any woman or any person wider the age of sixteen years in or about his shop for a longer | Hours of employ- |
| ment for women and | |
| period than forty-eight hours in any one week, exclusive of such | children. |
| time as may be allowed for meals. |
11.
| ALL shop assistants and clerks in shops and hotels men- tioned in the Schedule hereto, and in all wholesale and commission | Shop assistants in |
| exempted shops, and employees in hotel | |
| agents' places of business in the Colony, and all assistants in the | bars to be allowed a |
| trade or business of a barber or hairdresser shall have a half-holiday | half-holiday in eachweek. |
| from the hour of one forty-five o'clock in the day on some one working clay in the week, excepting any week during which a public holiday intervenes. | |
| If any shopkeeper. hotelkeeper, or wholesale merchant, or commission agent shall not arrange for or grant to ever such shop assistant, clerk-, or employee one such half-holiday in any week, he shall be liable for every such offence to a penalty not exceeding Five pounds. |
12.
13. IT shall be the duty of every inspector to see that the Inspector of person
| provisions of this Act are properly carried out, and ever y inspector aggrieved may prose- | cute for breaches of |
shall have power to prosecute any person guilty of any breach of Act or regulations.
this Act or of any regulations made under the provisions of this Act,
14. FOR the purposes of carrying out the provisions of this Powers of inspector.
Act, and enforcing any regulation made thereunder, every inspector shall have the following powers, that is to say:—
(h. To enter, inspect, and examine at all reasonable times a shop when open for or apparently carrying on business ; but in so doing he shall not unnecessarily interfere with the business legally carried on therein.
If any shopkeeper shall refuse to allow, or shall wilfully obstruct or attempt to obstruct, any such entry or inspection, or examination by the inspector, the shopkeeper shall be liable to a fine not exceeding Five pounds for every such offence.
62° VICTORUE, No. 36.
Early Closing.
EVERY inspector before entering (in pursuance of the occupier, shall in each case obtain a written authority to do so from the nearest Police Magistrate, who, if satisfied that there is good cause to suppose that any provision of this Act has been or is being contravened in any sucli shop, may grant an authority in writing, signed under his hand, authorising the inspector, at any time within fourteen clays front the date thereof, to enter (in pursuance of this Act) the shop named in the authority, and to exercise therein the powers of inspection and examination conferred by this Act.
| Inspector to obtain | 15. |
| authority to enter | powers conferred by this Act) ally shop, without the consent of the |
| building in actual | |
| use as a dwelling. |
EVERY inspector shall be furnished with a certificate of his appointment signed by the Minister, and, on applying for admission to any shop, shall, if required, show the certificate to the shopkeeper.
| Production of certid- | 16. |
onto when required.
If any person forges or counterfeits any such certificate, or makes use of any forged, counterfeited, or false certificate, or personates the inspector named in such certificate, or falsely pretends to be an inspector under tins Act, he shall, on conviction therefor, be liable to be imprisoned for a. period not exceeding six months with or without hard labour.
17. IN every shop there shall be kept by the shopkeeper a
| name and hour; ofme of the shopkeeper ; a record of the hours | Record of trading record of the trading na | |
|
Such records shall be produced for examination by the inspector when reasonably demanded by him. For any breach of the pro- visions of this section the shopkeeper shall be liable to a penalty not exceeding Forty shillings for every day these provisions, or any of them, arc not complied with, and for every neglect or refusal to produce such records for examination of an inspector.
| Penalty for false | 18. |
IF any shopkeeper or shop assistant or employee shall wilfully make any false declaration, having reference to the provisions of this Act or any regulations made thereunder, he shall be liable to a penalty not exceeding Five pounds.
declaration.
19. NO person, company, association, or partnership carrying on
Limitation of hours
in respect of hair- or conducting the trade or business of a barber or hairdresser, or in dresser's business. the charge or management thereof, shall employ or allow to remain in
62° VICTORIX, No. 36.
Early Closing.
the shop or premises wherein such trade or business is carried on any employee or assistant later than seven-thirty o'clock in the evening on week days (except on Saturdays and the clays hereinafter pro- vided) and ten o'clock in the evening on Saturday and the week day immediately preceding Christmas Day, New Year's Day, and Good Friday, and a public holiday which falls on a Saturday respectively ; and if any person, company, association, or partnership, or person carrying on or conducting the trade or business aforesaid, or in the charge or management thereof. fails to comply with the requirements of this section, he, it. or they shall, for each offence in respect of each and every employee, be liable to a. penalty not exceeding Ten pounds.
| WHERE an offence for which any shopkeeper or other person is liable to a penalty under the provisions of this Act has etife | eil t | i'eesli""r. |
| been in fact committed by an agent, servant, workman, or other person, such agent, servant, workman, or other person shall be liable to the same penalty in lieu of the shopkeeper or other person. | ||
| Provided that no proceedings shall be taken against the shop- keeper or other person, and also. against the agent. servant, workman, or other person in respect of the same offence. |
20.
| THIS Act shall remain and be in force for the period of three years from the 1st day of November, 1898. | Duration of A at. |
21.
THE following provisions shall have effect in proceedings Act or any regulations made thereunder :-
| before a Court of Summary Jurisdiction for offences against this Legal procedure. | 22. |
(c.) Sections A and B of the Shortening Ordinance, 1853,
shall apply ;
| (2.) | The information may be laid by and in the name of the inspector or police constable, or any shop assistant or employee aggrieved ; |
| (3.) | It shall be sufficient to allege in the information that the |
shop is a shop within the meaning of the Act ;
| (4.) | The production of a copy of the record or records men- tioned in section seventeen of this Act, certified in |
writing by the inspector, shall be 2»-inui facie evidence
of the facts recorded therein ;
Every person guilty of an offence against the provisions
| (5.) | of this Act, or the regulations made thereunder, for which no other penalty is provided, shall be liable to a penalty not exceeding Five pounds. |
(6.) Judicial notice shall be taken of every proclamation issued under section five or section eight of this Act, and of the appointment of every inspector.
62° VICTORI/E, No. 36.
Early Closing.
SHOP assistants shall, every day, be entitled to one hour (between the hours of twelve noon and three o'clock in the after- noon) for dinner, and on Saturday evenings to one- hour for tea between the hours of five and seven o'clock in the evening.
23.
Hours for tneaB.
THE Minister may from time to time make, repeal, or alter all such regulations and forms as may be necessary for the carrying out of the provisions of this Act, and all such regulations and forms,
24.
Regulations.
when published in the Gazette, shall have the force of law.
In the name and on behalf of the Queen I hereby assent
to this Act.
ALEX. C. ONSLOW, Governor's Deputy.
SCHEDULE
| Chemists and Druggists' Shops | News Agents, Stationers, and Book- |
| Seethe' 3. | Tea and Coffee Houses or Stalls | sellers' Shops |
| Fish and Oysi er Shops | Undertakers' Shops |
| Confectioners' Shops | Florists' Shops |
| Tobacconists | Butchers' Shops. |
| Restaurants |
Shops or premises respecting which a Publican's General Wayside House or Hotel License within the meaning of the Wines, Beer, and Spirit Sale Act, 1880, or any Act in amendment or substitution thereof, has been granted.
| By Authority | CURTIS, Acting anvernment Printer, Perth |
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