Factories Act 1894 (SA)

, i

ANNO QUINQUAGESIMO SEPTIMO ET QUINQUA- ;i

GESIMO OCTAVO

+ -A73

VICTORIAE REGIN&. %.p-- D

A.D. 1894.

No. 603.

l

An Act relating to Factories.

[Assented to, Deem k r ~ 1 s t , 1894.1

E it Enacted by the Governor of the Province of South Aus- Preamble.

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, Thig Act may be cited as " The Factories Act, 1894." Short title.

2, This Act shall come into operation on a day to be fixed by commencement.

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the Governor, by 13roclafiation to be published in the Government

Gazette.

3. This Act- Application of ~ o t.

Operates only within the limits of municipalities and of manufacturing districts, and also within the limits of any Q -Le & :.

other districts the boundaries whereof shall be defined and @4. d ~ n = g ~ ~ 6 ~ ~

declared by the Governor, by Proclamation published

in the Government Gazette, after a majority of the rate- payers (who vote at a poll to be taken for the purpose) within any such district shall have determined by ballot that this Act shall apply thereto:

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Does not apply to domestic servants: G

j I

Applies to Government factories.	X, t! I
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TlZe Fmtories Act,-1894.

Interpietation. 4, In this Act, unless inconsistent with the context-

! C' Employ " applies to any manual labor exercised for purpose ot

gain in or incidental to the making, altering, repairing,

l

ornamenting, finishing, or otherwise adapting any article by

way of trade, or for purpose of gain, or for sale.

F 6 U - d $, 7

k2 F ~ e ( ~ r - 2 " Factory " means any marrufactory, workshop, or workroom in

which persons are employed:

r (;F00

G Inspector " means an inspector of factories appointed under this

Act:

C C Occupier " means the person, company, or association employing

persons in any factory, and includes any agent, manager, foreman, or other person acting br apparently acting in the

general management or control of any such factory:

" Parent " means parent, guardian, or person having the custody

of or control over any young person or child:

U Woman " means any person of the female sex over the age of

sixteen years:

Young person " means a boy or girl between the age of thirteen

and sixteen years:

Child " means a, boy or girl under the age of thirteen years:

Regulations " means regulations made under this Act:

Prescribed" means prescribed by regulations.

Governormayappoint 5. The Governor may appoint such male or female inspectors

inepectorrr.

of factories as may appear to be necessary for carrying this Act into

effect.

Notice be given to I;. Every person occupying a factory ~t the time of the com-

inapwtor, with par*

k ticulw or hctoo. mencement of this Act shall, within - S after such

commencement-or, going into occupation of any factory after the

+ commencement of this Act, shall, within - S of such

F-. 75t % -21- going into occupation-or, in occupation of any building or place

which, after the commencement of this Act, becomes for the first

1 time, or after a period of disuse again becomes, a factory, shall, within three calendar months of such building or place becoming or again be-

!

B

* coming a factory, serve on an inspector a written notice, in such

1 form and in such manner as may be prescribed, and containing particulars of the name and a description of his factory, the place

l	where it is situate, the nature of the work carried on therein, a
l
I	description of the motive power (if any) therein, and, in case of a
K	CO-partnership or incorporated company, the name of the firm or company under which the business of the factory is carried on,
i	together with such further or other particulars as may be prescribed,
i	Any person neglecting to comply with this section shall be deemed
1	to have committed a breach of this Act.

l t 7, Every

57' & 58" VICTORIJE, No. 603.

me Factories Act.--1894.

7. Every factory shall be registered in an official list to be mfpter at ~ e u. tartctksap

kept for that purpose, in manner prescribed, and in such list shall also be entered all particulars which by the preceding section are directed to be forwarded to an inspector.

8. Every inspector shall have power to do all or any of the Powersofinspeotor.

following things, that is to say-

(l) To enter, inspect, and examine, at all reasonable times, any factory and every part thereof, and to enter by day any place which he has reasonable cause to believe to be a factory.

(2) To inspect and examine machinery in any factory, and to give

such directions as he may consider necessary or proper for the safe- guarding of dangerous machinery, and for protecting the life and health of persons engaged in the working thereof.

(3) To make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and of all laws and by-laws relating to public health are complied with, so far as respects the factory and the persons employed therein, and to report to the Central or any Local Board of Health any breaches of the health laws thus ascertained.

(4) To examine and qucation, with respect to matters under this Act, every person whom he finds in a factory, or whom he has reasonable cause to believe to be or to have been within the pre- ceding two months employed in a factory, and to require such person to be so examined, and to sign a declaration of the truth of the matters respecting which he is so examined.

(5) To exercise such other powers and authorities as may be

necessary for carrying this Act into effect, as may be conferred upon

him by regulations.

(6) Every inspector under this Act shall be furnished with a

factory, or workshop, or any place which he has reason to believe to	certificate of his appointment, and on applying for admission to a
be a factory or workshop, shall, if required, produce to the occupier
the said certificate.
Provided that no person shall be compellable to answer any question asked by the inspector which may tend to incriminate the person questioned.

9, The powers of the inspector under section 8- shall extend Pnovision againat

to the giving reasonable directions for the provision of proper means fires.

of escape from any factory in case of fire.

10, The occupier of every factory, his agents and servants, shall, Occupim to allow

at all reasonable times furnish the means required by any inspector entry and i m p

tion,

necessary for an entry, inspection, examination, and inquiry, or the

exercise of his powers under this Act, in relation to such factory.

11. Any

5 7 O & 58" VICTORIE, No. 603.

O ~ ~ Q D. ~ ~ E C + + M ~

of thb Aot.

11. Any peraon obstructing any inspector in the execution of his duties under this Act, or omitting to comply with the requirements of section 10, or of any direction which the inspector is authorised to give pursuant to this Act, or to truly answer or reply to any question or inquiry which any inspector is authorised to ask or make under section 8, shall be deemed to have committed a breach of this Act,

F9x:t&08 to be dw,

12, Every occupier of a factory shall keep the same in a cleanly

state, and ventilated in a proper manner, as prescribed bv regula-

vBnWltea9

over-crowded.

tion; and no occupier shall allow his factory to be so ovekcrowded while work is carried on therein as to be injurious to the health of the persons employed therein. Any occupier neglecting to comply with this section shall be deemed to have committed a breach of this Act.

Hourriof employment. 13, NO person in a factory a woman, or young

person, or child	hours in any one week,
but, on notice	prescribed, a woman or

young person

than sixty hours in

any one

number of hours of

above forty-eight

hours in any one

for preserving

of December,

NO child to be 14. No child shall be employed in any factory: Provided that

amployed. this section shall not apply to children who were so employed on the first day of July, one thousand eight hundred and ninety-four:

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Provided that any boy or girl that has passed the compulsory edu-

cational standard may, if the inspector think fit, be so employed.

Proof of age or .

16, An inspector may at any time require any young person employed in a factory to procure satisfactory proof of age or a certificate from s legally-qualified medical practitioner as to the fitness of such young person for such employment. Notice of such requisition shall be given to the employer, and in such case it shall be a breach of this Act to further employ such young person until such certificate shall have been obtained.

'wti5~te0f fiha8.

Oertdlcate m y in- 16, All factories in the same line of trade, or any of them, may

01ude*mdfact~ie6. be named in the certificate of fitness for employment.

Bulea. 17, In every factory the following rules shall be observed:-

Time for m&. I. A woman or young person shall not be employed for more

than five hours without an interval of at least an hour

for a meal:

57' & 58" VICTORIK, No. 603:

The 1;uc to~ ies~~c t. -1894. -

woman or young

rr. A woman or young person shall not, during any part of the pereon not to be em-

time allowed for their meals, be employed in the factory: ployed at meal time.

Any woman or young person so employed shall be deemed to be employed in contravention of the provisions of this Act.

18. (1) I n each factory in which any woman or young peraon is	Notice specifying
hours of employment

employed there shall be posted in a conspicuous place, so as to be	and forwarded to to be posted m factory
easily read, a written or printed notice specifying the hours of em-	inspector.
ployment in such factory.
(2) A true copy of such notice shall be signed by the occupier, and shall be forwarded to an inspector in manner prescribed.

19, I n every factory there shall be constructed a sufficient Water-closets to be

number of water-closets for the separate use of each sex, which shall	erected in factories.
be kept in good order; and any person who shall employ women or young persons in any factory without complying with the provisions of this section shall be deemed to have committed a breach of this Act.
20, Every person who shall employ any woman, young person, or child, in contravention of the provisions of this Act, and every parent who shall permit or suffei any young person or child to be employed in contravention of the provisions of this Act, shall be deemed to have committed a breach of this Act.	Breacherr of Act.

21. Every order, requisition, or determination made by the in- orders, BC., to be in wntmg.

epector shall be in writing, and served on the occupier.

regulations made hereunder, shall be liable for each offence to a of Act. 22, Any person who commits any breach of this Act, or of any Pendty for bmacha

penalty not exceeding Five Pounds.

made under this Act, in respect of which offences any fine or pondties. 23, All offences against this Act, or against any regulations Proceedingafor

penalty is by this Act imposed, shall be heard and determined, and such fines and penalties be awarded and imposed, in a summary way by and before any Special Magistrate or any two or more Justices of the Peace for the said province.

24. All the proceedings before Special Magistrates or Justices Procedure.

shall be regulated by 'Ordinance No. 6 of 1850, " The Justices Procedure Amendment Act," 298 of 1883-4, and any other Act that may be law in that behalf.

25, Every person who forges or counterfeits any certificate of Penalty for forgery,

appointment, or makes use of any forged, counterfeited, or false	Of certacate*
certificate, or falsely pretends to be an inspector under this ,4ct, shall 'be liable to be imprisoned for a period not exceeding six months with or without hard labor,

26; There

6 57' & 58' VICTORIA?, No. 603.

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&

The Ebcto:ori& Act. -1 894.

A~*bwCd

from order by Justices. 26. There shall be an appeal from any order of any Special Magistrate or Justices made under the ~rovisions herein contained, an; from any conviction by any specid Magistrate or Justices for any offence against this Act, and from any order dismissing any infor- mation or complaint under this Act, which appeal shall be to the Local Court of Adelaide of FuU Jurisdiction only, and the proceedings in such appeal shall be conducted in manner appointed by the said Ordhance, No. 6 of 1850, and the said Act, No. 298 of 1883-4, for appeals to Local Courts; but the Local Court of Adelaide aforesaid may make such order as to payment of the coats of such appeal as the Court shall think fit.

Spe~ial m e be 27, The Local Court, upon the hearing of any appeal, may state

stated. one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of thc Supremc Court on special cases, and the Supreme Court shall make such order as to costs of any special case as to the said Court shall appear just; and the Local Court shall make an order in respect to the matters referred to the Supreme Court in conformity with the certificate of the said Supreme Court, which order of the Local Court shall be enforceable in manner provided for the enforcement of orders of Justices under the said Ordinance No. 6 of 1850, or other Act as aforesaid, and, save as herein provided, no order or proceeding of 3ny Local Court made under the authority of this Act shall be appealed against or removed, by certiorari or otherwise, into the Supreme Court,

Justicea may apply 28, The Special Magistrate or Justices imposing any penalty

penalty towards costs. under this Act may direct the whole or any part thereof t o be applied in or towards payment of the costs of the proceedings; and, subject to such directions, all penalties shall be paid to the Treasurer for the public use of the province.

Governor empawered 29, (1) The Governor is hereb empowered to make and issue

to make regdationa.	regulations, not inconsistent with a d subject to the provisions of this Act, for the more effectual carr ing into effect the objects and
purposes of this Act. t

(2) All such regulations sha laid before both Houses of

Parliament within fourteen days	he making thereof, if Parlia-
ment is then in Session, and, if	n within fourteen days after
the commencement of the next

(3) All such regulations shall be published in the Houth

Aust~alian Government Gaxette, take effect from the date

of such publication unless 0th	e provided in such regulations;
and in all legal proceedings t	duction of the Gazette coutain-
ing any such regulations sh	tself be sufficient primd facie

evidence that such regulatio een duly made. No regulation

which shall be disapproved

er House of Parliament shall

continue

57" & 58O VICTORIW, No. 603.

continue to have any force or effect notwithstanding any publication

aa aforesaid.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

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Adelaide: By authority, C. E. BRISTOW, Government Printer, North-terriwe.