Factories Act 1904 (WA)

WESTERN AUSTRALIA.

ANNO TERTIO

EDWARDI SEPTIMI REGIS,

XXXVII.

No 22 of 1904

AN ACT relating to Factories.

[Assented to 16th January, 1904.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows:—

PART I.—PRELIMINARY.

THIS Act may be cited as the Factories Act, 1904, and shall come into operation on the first day of July, one thousand	Short title, com- mencement and
division.
nine hundred and four.

1.

It is divided into parts, as follows :—

PART I.—PRELIMINARY, SS. 1-2.

PART IL—INSPECTORS, SS. 3-5.

PART III.--FA CTORI ES, ss. 6-38.

PART IV.—SUPPLEMENTAL, SS. 39-60.

2. IN this Act, unless the context otherwise requires,— Interpretation.

"Boy" means every male under the age of fourteen years.

1904, No. 22.] Factories. [3 EDW. VII.

" Closed " means closed to the admission of the public for the

purposes of trade.

Factory.	" Factory " means
See Queensland Act,

No. 28.1900,8.4.	(1.) Any building, premises, or place in or in connection with which six or more persons, including the occupier, are engaged in working directly or indirectly at any handicraft, or in preparing, working at, or manufacturing articles for or in connection with any trade, or for sale, including every laundry.
(2.) Any building, premises, or place in which a person or persons of the Chinese or other Asiatic race is or are so engaged ; and
(3.) Any building, premises, or place where steam or other mechanical power or appliance is used in preparing, working at, or manufacturing goods or packing them for transit:

But the term " factory " does not include

(a.) Any prison or any industrial or reformatory

school ; or

(b.) Any building, premises, or place used for

the manufacture of dairy produce ; or

(c.) Any ship ; or

(d.) Any building, premises, or place used exclusively for pastoral or agricultural purposes ; or

(C.) Any mine, or colliery, or any place in

which machinery is used about a mine

or colliery ; or •

Any building, premises, or place in which any person, not being of the Chinese or other Asiatic race, is so engaged at home, that is to say, in private premises used as a dwelling or in any adjacent building or structure appropriated to the use of the household, and in which no steam or other mechanical power is used in aid of the manufacturing process carried on there, and where the only persons engaged do not exceed six and are members of the same family, and dwelling there.

3 EDW. VII.] Factories. [1904, No. 22.

" Inspector " means an inspector of factories appointed under

this Act, and includes chief inspector.

" Local Authority " means a municipal council, road board, or

board of health.

" Minister " means the responsible Minister of the Crown

charged with the administration of this Act.

" Occupier " means the person, company, or association occu- pying any factory, and includes any agent, manager, foreman, or other person acting or apparently acting in the general management or control of a factory.

" Prescribed " means prescribed by regulations.

" Regulations " means regulations made under this Act.

" This Act " includes the regulations made thereunder.

" Week-day " means any day of the week except Sunday.

" Woman " means a female irrespective of age.

PART II.—INSPECTORS.

THE Governor may appoint a chief inspector of factories, and the Minister may from time to time appoint and dismiss fit	Inspectors may be
appointed.
persons of either sex to be inspectors of factories.

AN inspector may hold office as inspector under this Act in conjunction with any other office or employment which the Governor

Inspectors may hold

office with other

office.

deems not incompatible with his duties under this Act.

4.

5.

EVERY inspector shall be furnished with a certificate of his appointment, and on applying for admission to a factory he shall,

Inspector to have

certificate of

appointment.

if required, produce such certificate to the occupier.

PART III.—FACTORIES.

Application of this Part.

6. OD THIS Part of this Act shall only have effect in such Application.

districts as the Governor may from time to time, by notice in

the Government Gazette, declare.

(2.) The Governor may from time to time, in like manner, exempt, either wholly or in part, any factory, or class of factories, from the operation of this Act or any provisions thereof, and the same shall thereupon be exempted accordingly, for the period and upon the conditions stated in the notice.

(3.) The Governor may in like manner rescind or alter any notice under this section.

1904, No. 22.] Factories. [3 ED w. VII.

Registration of Factories.

Factories to be

registered. 7. AFTER the expiration of six months from the application

of this Part of this Act to any district, no person shall, within such district, occupy or use as a factory any building, enclosure, or place, unless the same is registered as a factory under this Act.

Application for

registration. 8. APPLICATION for registration shall be made to the

See N.Z. Act., No.	Minister in writing in the prescribed form, and shall specify
69, 1901, s. 11.

(a.) The names in full of the occupier or intended occupier ;

(b.) The situation of the factory or intended factory ;

(c.) The name or style under which the business of the factory is to be carried on ;

(d.) The nature of the work to be carried on therein, and of the motive power, if any, to be used ;

(e.) The maximum number of persons to be employed therein ;

Inspector to 9. UPON receipt of the application, an inspector shall, without

examine factory.	delay, examine the factory and satisfy himself that it is suitable
Ibid., s. 12.	for the purpose for which it is to be used, as specified in this Act, and that the requirements of this Act, and of any Act relating to public health, are complied with.
And may require

defects to be 10. (i .) IF the inspector is of opinion that the factory is defective

remedied.	in any material respect he shall, by requisition in writing served on
Ibid., s. 13.	the applicant, specify the defects and inform him that the intended factory will not be registered until the defects are remedied to the inspector's satisfaction.
(2.) If the applicant is dissatisfied with the requirements of the inspector, as specified in such requisition, he may appeal to the Magistrate of the Local Court of the district in which the factory is situated, and the provisions of section fifty-three relating to appeals shall apply.

Inspector to certify 11. ON the inspector being satisfied as aforesaid, and upon the

to Minister.

requisition (if any) being complied with, except so far as modified

Mode of registra-

on appeal, the inspector shall so certify to the Minister, and registra-

tion.

tion shall be effected by an entry in a register of the prescribed

particulars relating to the factory.

Certificate of regis- 12. A CERTIFICATE of registration shall be issued to the

tration. occupier.

3 Enw. VII.] Factories. [1904, No. 22.

13.      THE fees for registration specified in the Schedule shall be Registration fee.

payable on every registration.

14.     REGISTRATION shall be renewed in the prescribed Renewal of registra-

manner as often as there is any change in the occupancy of the

to=p1;bange of

factory, or in the nature of the work carried on therein, and unless

and until renewed shall be void.

15.      WHERE the occupier or intended occupier of a factory, or Annual registration

any person engaged in or about a factory, is a person of the Chinese employed.	where Asiatics
or other Asiatic race, the registration shall continue in force for one year only, but such registration shall be renewable from time to time.

Inspection of Factories.

16. EVERY inspector may

Powers of inspec-

tors.

(1 .) Enter, inspect, and examine a factory at all reasonable hours by clay and night, when he has reasonable cause to

See N.Z. Act, No.

50, 1001, s. 6.

S.A. Act, No. 603,

believe that any person is at the time employed therein ; (2.) Enter by day any place which he has reasonable cause to

1894, s. 8.

believe to be a factory ;

(3.) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, and the regulations thereunder, 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.

Examine and question, 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 employed in a factory, and require such person to sign a declaration of the truth of the matters respecting which he is so examined:

Provided that, on any such examination or inquiry, no person shall be required to answer any question tending to criminate himself.

(5.) Require the production of any certificate of registration held by the occupier, or any book, notice, record, list, or other document which the occupier of a factory is by this Act required to keep or exhibit therein, and inspect, examine, and copy the same ;

(6.) Exercise such other powers and authorities as the Governor may deem necessary for carrying this Act into effect.

1904, No. 22.] Factories. [3 EDW. VII.

Occupiers to allow

entry and inspec- 17. (1.) THE occupier of a factory, his agents and servants, shall

tion.

at all reasonable times furnish the means required by an inspector for

N.Z. Act, No. 59,

any entry, inspection, examination, and inquiry, or the exercise of

1901, s. 7.

his powers under this Act or any enactment relating to the public

health, in relation to the factory.

(2.) Except for the purposes of this Act and the exercise of his functions under this Act, an inspector shall not disclose to any person any information which, in the exercise of such functions, he acquires respecting any factory.

(3.) In the event of any inspector disclosing to any person, except for the pmposes of this Act, any information calculated to injure the occupier of a factory, he may be fined in a sum not exceed- ing fifty pounds sterling, and be otherwise dealt with as the Minister may direct.

Obstruction of in-	18. A PERSON shall be deemed to obstruct an inspector in
spector.

the execution of his duties under this Act who

Ibid., s. 8.

(a.) Without reasonable cause delays an inspector in the exercise of any of his powers or duties under this Act ; or

(b.) Fails to comply with a requisition of an inspector made under any such power, or to produce any document which he is required by this Act to produce ; or

(c.) Prevents, or attempts to prevent, any person from appearing before or being examined by an inspector.

Records and Notices in Factories.

Records to be kept 19. (1 .) IN every factory the occupier shall at all times keep

in factory. or cause to be kept a record, showing with substantial correct-

See N.Z. Act, No. 59, ness-

1901, s. 17.

(a.) The names of all persons employed in the factory, together with the respective ages of all such persons who are under eighteen years of age ;

(b.) The kind of work of each and every person employed

in the factory.

Notices to be ex-	(2.) He shall also at all times cause to be exhibited and maintained, in some conspicuous place at or near the entrance of the factory and in such other parts thereof as the inspector from time
hibited and main-
tained.

3 EDW. VII.] Factories. [1904, No. 22.

to time directs, and in such a position as to be easily read by the

persons employed in the factory, a notice containing

(c.) The name and address of the inspector for the district ;

(d.) The working hours of the factory ;

(e.) The holidays and the day on which women and boys

are allowed a half-holiday.

Hours of work of Women and Boys.

20. SUBJECT to the provisions of this Act, a woman or Hours of work of

boy shall not be employed in or about a factory women and boys. See Queensland

(a.)	For more than forty-eight hours, excluding meal-times, in	Act, No. 28 of 1900.
s. 46.

any one week ; nor

(b.) For more than eight hours and three-quarters, excluding meal-times, in any one day ; nor

(c.) For more than five.hours continuously without an interval of at least three-quarters of an hour for a meal ; nor

(d.) At any time after one o'clock in the afternoon of one working day in each week ; nor

(e.) In the case of women, at any time between the hours of six o'clock in the evening and eight o'clock in the morning following; nor

(f.) In the case of boys, at any time between the hours of six o'clock in the evening and a quarter to eight o'clock in the morning following :

Provided that, with the written consent of the inspector, seven o'clock in the morning may, during such months as are specified in such consent, be substituted in lieu of eight o'clock in the morning, but so that the hours of work are not extended beyond eight hours and three-quarters.

21. IN order to prevent any evasion or avoidance of the fore- Prevention of eva-

going limits of working hours, all work done by any person employed	a	sion of working
tz)	hours.
in a factory for the occupier elsewhere than in the factory (whether	N.Z. Act, No. 50,
the work is or is not connected with the business of the factory) shall	1901, s. 21.
be deemed to be done whilst employed in the factory, and the time shall be counted accordingly.

Overtime.

22. (i.) THE working hours prescribed by the two preceding	Conditions under
which limits of

sections may from time to time be extended, but such extension shall	working hours may
not be	be exceeded.

(a.) More than three hours in any day; or

1904, No. 22.] Factories. [3 Enw. VII.

(b.) On more than two consecutive days in any week ; or

(c.) On more than thirty days in any year.

(2.) Every person who is employed during such extended hours under this section shall be paid therefor at not less than one- fourth as much again as the ordinary rate.

Overtime book.	(3.) The occupier of a factory shall at all times keep a record- book, called the " Overtime Book," wherein shall be entered a correct record showing, in the case of each person who is employed during such extended hours under this section, the name of the worker, and the respective dates and periods of such employment.
(4.) The overtime book shall at all times be open to the inspection of the inspector.
(5.1 The inspector may at any time require the occupier to verify the entries in the overtime book, in such form as may be pre- scribed by regulations.

Hours of work of Asiatics.

Restriction as to 23. NO person of the Chinese or other Asiatic race shall be

hours of Asiatics. employed in any factory for longer hours than women may be employed therein under this Act ; nor shall he be employed before eight o'clock in the morning, nor after five o'clock in the evening.

Special Provisions as to Women and Boys.

Restrictions as to	24. WITH respect to the employment of women and boys,
deductions from

wages,	the following rules shall be observed in every factory :-
N.Z. Act, No. 59 of

1901, ss. 23 and 24. .) The occupier of the factory shall not be entitled to make any deduction, set-off, or counter-claim against a claim for wages or other remuneration for work actually and properly done, except to the extent of the special damage (if any) which he proves that he has suffered by reasonof the unlawful act or default of the claimant in leaving

the employment or being absent from the employment after the work was actually and properly done as aforesaid.

Rules as to meals, (2.) A woman or boy shall not be permitted to take any meal

etc. in any room whilst any handicraft or manufacturing process is being carried on therein, unless written permission has been first obtained from the inspector.

3 EDW. VII.11 Factories. [1904, No. 22.

(3.) A woman or boy shall not be permitted to do any work

in any workroom during her or his interval for meals.

(4.) A woman shall not be knowingly employed in any factory

during the four weeks immediately after her confinement.

Restrictions as to Age of Persons employed in Factories.

25. WITH respect to the employment of boys or girls, the	Restrictions as to
age of boys or girls

following rules shall be observed in every factory: —

employed in

certain factories.

A boy or girl under fourteen years of age shall not be

(1.) N.Z. Act, No. 50 of

employed except in special cases authorised in writing	1901, s. 25.
by the inspector :
No authority under this subsection shall be granted contrary to the provisions of any Act relating to public elementary education.

(2.) A girl under fifteen years of age shall not be employed as type-setter in any printing office.

A girl under sixteen -years of-age shall not be employed

(3.)	in that portion of a factory-m which there is carried
on

(a.) The making or finishing of bricks or tiles, not

being ornamental tiles ; or

(b.) The making or finishing of salt.

A woman or boy under eighteen years of age shall not be

(4•)

employed in any room in which there is carried on

(c.) The silvering of mirrors by the mercurial process ; or

(d.) The making of white lead.

26. IN every case where a boy or girl under the age of fourteen	Penalty on parent
of child employed in

years is employed in a factory in breach of this Act, then, irrespective	breach of Act.
of the penalty to which the occupier of the factory thereby exposes	Ibid., s. 52.
himself, the parent of the boy or girl so employed commits a breach of this Act, unless he satisfies the Court that the employment was without his consent, connivance, or default.

Sanitation of Factories.

27. FOR the better sanitation of factories, the following rules sanitation rules N.Z. ct, No. 59,

shall at all times be observed in a factory :— 1901, s. 41.

( I The factory and the yards thereof shall be kept in a

cleanly state, and free from any smell or leakage arising

from any drain, privy, or any other nuisance.

(2.) The factory shall not be overcrowded so as to be hurtful to the health of the persons employed therein.

1904, No. 22.] Factories. [3 EDW. VII.

(3.)	Adequate measures shall be taken for securing and main- taining a reasonable temperature so as to guard against extreme heat.
(4•)	The factory shall be ventilated in such manner as to
provide a sufficient supply of fresh air.
(s.)	Without limiting the operation of the last preceding sub-

section, the inspector may, by requisition to the occupier,

require the occupier to supply efficient appliances to carry off and render harmless all gases, fumes, dust, and other impurities.

(6.) The inspector may, subject to the approval of the Minister, from time to time, by requisition to the occupier, determine, as to the factory or any workroom therein, what space of cubic or superficial feet shall be reserved for the use of each person • working therein, and the occupier shall cause the same to be reserved accordingly, and such space shall not be less than that prescribed from time to time by regulations ; provided, however, that such reserved space shall not exceed that in force for schools under the Education Act.

(7.) The space so to be reserved shall not be deemed to be reserved unless it is kept properly lighted and ventilated, and clear from all materials, goods, or tools other than those actually used or required by the person for whom the space is to be reserved.

(8.) A sufficient supply of fresh drinking-water shall be pro- vided for the free use of the persons employed in the factory.

Assistant's health

likely to 28. IF any person employed in or in connection with any

contaminate	factory in the manufacture, handing, or delivery of any bread, meat,
articles of food.	milk, confectionery, or other article for human consumption is in a
N.Z. Act, No. 59,
1901, s. 44.	state of health which, in the opinion of the inspector, is likely to convey germs of disease or other contamination to any of the said articles, the inspector shall forthwith report the same to the central board of health.

.) The inspector shall serve upon the person so employed, either personally or by posting the same addressed to him at the factory, a notice requiring him to submit himself for examination to a registered medical practitioner.

(2.) The inspector shall serve a copy of such notice upon 'the

occupier of the factory.

(3.) Immediately upon the service of such notice the person so

employed shall cease to do any work in the factory

3 EDW. VII.] Factories. [1904, No. 22.

(5.) Such notice shall not be removed except by the inspector, nor until he is satisfied that the appliance has been rendered safe ; and until the notice is removed by him the appliance shall not be used.

(6.) Without limiting the operation of the foregoing rules, the inspector may, by requisition to the occupier, require the occupier to repair or safeguard any specified appliance, or to remedy any specified defect in the machinery.

33. IF default is made in observing the provisions of the Breach of rules.

preceding section, the factory shall he deemed not to be kept hi

conformity with this Act.

34, NO male under eighteen years of age, and no female, shall

Restriction on em-

ployment under

be allowed certain age.

(a.) To clean such part of the machinery in a factory as is mill gearing while the same is in motion for the purpose of	S.A. Act, No. 752,
1900, sec. 47.
See N.S.W. Act, No.

propelling any part , of the manufacturing machinery; or 37, 1896, sec. 32.

(b.) To work between the fixed and traversing part of any self-acting machine while the machine is in motion by the action of steam, gas, oil, electric, water, or other mechanical power.

35, (1.) WHERE there occurs in a factory any accident causing

Accidents in

factories.

either death or serious bodily injury to any person employed therein,	S.A. Act, No. 752,
written notice of the accident shall forthwith be sent by the occupier	1900, sec. 48.
to the nearest inspector, stating the nature of the accident, and the	N.Z. Act, No. 59,
name and residence of the person killed or injured, or the place to	1901, s. 39.
which he has been removed.
(2.) For the purpose of this section " serious bodily injury " means an injury which is likely to incapacitate the sufferer from work for at least forty-eight hours.

36.      THE inspector shall, immediately on receiving such notice, Inspector to inquire

proceed to the factory and inquire into the cause of the accident, and rePrnt

and may examine the occupier and all persons employed in the

factory, and shall report the result to the Minister.

Fires in Factories.

37.      FOR the better prevention of fires, and of accidents Rules to prevent

resultin g from fires, the following rules shall be observed in every accidents from fire.	See N.Z. Act, No.
factory in which more than twenty-five persons are employed :	59, 1901, s. 40.

( 1 .) Efficient fire-escapes shall be provided for every work-

room or any floor above the ground floor.

1904, No. 22.] Factories. [3 EDW. VII.

(2.)	The plan and system of fire-escape may be prescribed by regulations, and, in so far as no such regulation is made, the inspector, if not satisfied with the plan or system adopted, may by requisition to the occupier direct another specified plan or system to be provided.
(3.)	Every door, whether internal or external, shall, when an

inspector so requires, be hung so as to open outwards.

(4.)	At all times while persons are actually working in a room, every door of the room, or of any passage or staircase leading to the room, or serving as means of entrance or exit for the room, shall be kept clear and unfastened, so as to admit of quick and easy egress.
(5.)	The provisions of the two last preceding subsections shall apply also to Ihe outer or entrance door by which the persons employed in the factory usually enter or leave, whether such door belongs to the factory or not.
(6.)	Staircases and steps leading from one floor to another, or to the ground, shall be provided with substantial hand- rails, and shall also, if the inspector by requisition to the occupier so directs, be provided with slats or some other sufficient appliance to prevent slipping.

(v.) If the inspector considers any stairway or passage to be so steep, narrow, winding, intricate, insecure, or otherwise defective as to be unsafe, he may, by requisition to the occupier, direct the defect to be remedied.

(8.) Reasonably efficient means for extinguishing fires shall be provided by the occupier.

Sweating in Factories.

Provisions to be	38. FOR the better suppression of what is commonly known as
observed when work
given out to be done	the sweating evil," the following provisions shall apply in every

elsewhere than in	case where the occupier of a factory lets or gives out work of any
factory.
N.Z. Act, No. 59,	description in connection with textile or shoddy material, to be clone (l.) The occupier of the factory shall at all times keep or cause to be kept a record showing with substantial cor- rectness
1901, s. 28.	by any person elsewhere than in the factory:

(a.) The full name and address of each such person, and the situation of the place where he does the work ;

3 EDW. VII.] Factories. [1904, No. 22.

(b.) The quantity and description of the work done by

each such person.

(2.) If the person to whom the work is let or given out as

aforesaid,—

(c.) Directly or indirectly sublets the work or any part thereof, whether by way of piecework or

otherwise ; or

(d.) Does the work or any part thereof otherwise than on his own premises, and by himself or his own werkpeople to whom he himself pays wages therefor,—

he shall be deemed to have committed a breach of this

Act.

PART IV.—SUPPLEMENTAL.

39.      IN every factory the opening of every hoistway, elevator, Hoists and lifts to

lift, well-hole, or stairway shall, at each floor, be provided with and be protected.

protected by such safeguards as the inspector may approve.

inspector to be unsafe or dangerous to use, he may prohibit the elevator or lift. 40. IF an elevator or lift in a factory is considered by an Unsafe ordangerons

occupier from using such elevator or lift until it is made safe to the

inspector's satisfaction.

41.     NO boy under sixteen years of age, and no woman under Management of

the age of twenty-one, shall be allowed to have the care, custody, elevators.

management, or working of any elevator or lift in any factory.

42.      ALL records or notices kept or exhibited under this Act Notices to be in

shall be legibly written or printed in the English language. English.

factory which is constructed of iron, zinc, or tin to be lined with be lined if required. 43. (1.) THE Minister may require any building used as a Iron buildings to

wood or other material to his satisfaction.

(2.) The Minister may require any such building roofed with iron, zinc, or tin, to be coated -with white paint or whitewash or other cooling substance :

(3.) Provided, however, that the occupier shall be heard by

the Minister.

1904, No. 22.] Factories. [3 EDW. VII.

Lavatories to be	44.	IN every factory there shall, if required by the inspector,
provided in fac-

tories.

be constructed a sufficient number of water-closets or earth-closets

and lavatories for the separate use of each sex.

Bakehouses.

IN the case of every bakehouse the following rules shall at all times be observed:—

45.

(1.) Once at least within every six months all the inside walls, ceilings, and roofs of the factory, and of every room therein, and all the passages and staircases therein, shall be thoroughly cleansed with lime-wash, or with such other cleansing agent as is approved by the inspector:

But if within the previous seven years they have been properly oil-painted with at least three coats of paint, or varnished with at least three coats of varnish, then soap and hot water may be used instead of lime-wash.

(2.)	For the purposes of the last preceding subsection, the occupier shall furnish from time to time evidence to the satisfaction of the inspector as to how and when the aforesaid portions of the factory and its rooms were cleansed, painted, or varnished, as the case may be.
(3.)	A place on the same level with the bakehouse and forming part of the same building shall not be used as a sleeping- place unless such place is effectually separated from the bakehouse by a partition extending from floor to ceiling, and is also fitted with an external glazed window of at least nine square feet in area, of which at least four and a-half square feet are made to open for venti- lation.
(4.)	A closet or ashpit shall not be suffered to exist within or

to be connected directly with the bakehouse.

(5.)	For the purposes of the two last preceding subsections, "bakehouse" means any room or part of the factory in which flour, bread, or other food products are kept or treated, or any baking or bread-making process is carried on.
(6.)	Every cistern or pipe for supplying water to the factory shall be separate and distinct from any cistern supplying water to a closet.
(7.)	A drain or pipe for carrying off fcecal matter or sewage shall not, unless properly trapped, have an • opening within the factory.

3 En. VII.] Factories'. [1904, No. 22.

The Governor may from time to time, by notice in the Power to extend

provisionsfie to

Government Gazette, extend in whole or in part, or with modifications lime-washing.	,
as lie thinks fit, the provisions of subsections one and two of this section to any other class or description of factory, and in such case those provisions shall extend and apply according to the tenor of the notice.

46.      NO person of the Chinese or other Asiatic race shall Registration of

Asiatics.

bbe— e

(a ) Registered as the owner or occupier of a factory unless he satisfies the Minister that he carried on the business which he proposes to carry on in such factory before the first day of November, One thousand nine hundred and three; or

(b.) Employed or engaged by the occupier of a factory in or

about the factory, unless the occupier satisfies the in-

spector that such person was so employed or engaged in

a factory on or immediately before the date last afore-

said.

EVERY cabinet-maker and dealer in furniture who sells or offers for sale goods manufactured wholly or partly by Asiatic labour,

Goods manufac-

tured by Asiatics to

be stamped.

and whether imported or manufactured in Western Australia, shall stamp such goods, in the prescribed manner, with the words " Asiatic labour."

47.

48. IN any proceedings against the occupier of a factory for

Evidence as to

person employed in

employing any person in breach of this Act, breach of Act.

(i.)

Proof of the person being found in any part of a factory

in which the work of the factory is going on shall be

prima fade evidence that the person was then being

employed in the factory ; and

(2.) When a person employed is, in the opinion of the Justices, apparently of the age alleged by the com- plainant, it shall lie on the defendant to prove that such person is not of that age.

(3.) When any person apparently of the Chinese or other Asiatic race is found in a factory, it shall be deemed that he was employed therein, and it shall lie on the defendant to prove that such person was not employed therein.

49. IN computing, for the purposes of this Act, the number of Mode of computing

persons employed in a factory, the occupier, or, if the occupier is person employed

iu actov.

married, - then the occupier together with the husband or \rife, as Ow

case may be, shall be considered as one person so employed.

1904, No. 22.] Factories. [3 EDW. VII.

Adjacent buildings 50. WHERE the operations of a factory are carried on in several

included in factory.

adjacent buildings, enclosures, or places, all of them shall be included

as one and the same factory.

Exemption of

occupier from 51. WHERE- any act or default constituting an offence against

penalty upon proof	this Act, or a breach of any regulation thereunder, for which any
of another being the
real offender.	occupier of a factory is liable to a penalty has in fact been done or
See N.Z. Act, No.	committed by some other person, such other person shall be liable
67, 1901, s. 56.	to the penalties imposed.
N.S.W. Act, No. 38,
1899, s. 17.	Where such occupier is charged with any such act or default so done or committed by some other person, the said occupier shall be exempt from any penalty upon proving that he supplied proper means and issued proper orders for the observance, and used dili- gence to enforce the observance of this Act, and that the said act or default was actually done or committed by some other person without his connivance, and that he had done all that could reasonably be expected of him to prevent the offence.
Where an inspector is satisfied, before instituting a proceeding for any such offence against the said occupier, that such occupier, if such proceedings were instituted against him would, under the fore- going provisions of this section, be exempt from any penalty, and the said occupier gives all facilities in his power for proceeding against and convicting the person whom the inspector believes actually to have been guilty of the act or default constituting the offence, the inspector shall proceed against that person in the first instance without first proceeding against the said occupier.
Compulsory officers

EVERY compulsory officer employed under any Act have all the powers conferred by this Act on au inspector, so far as may be necessary to enable such compulsory officer to discover any breach of section twenty-five of this Act.

under Education 52.

Acts to have certain	relating to public elementary education shall, by virtue of his office,
powers.
Provisions as to

requisitions by 53. WITH respect to requisitions under this Act by the

inspector to	inspector to the occupier of a factory, the following provision shall
occupiers.	apply :—
N.Z. Act, No. 59,

1901, s. 63.	(1.) The requisition shall be in writing under the hand of the inspector, and shall be addressed to and served on the occupier.
(2.) The requisition may be served either personally or by posting it in a registered letter addressed to the occupier at the factory:
(3.) The requisition, when served as aforesaid, shall bind every person who by section two is included in the definition of " Occupier."

3 Enw. VII.] Factories. [1904, No. 22.

(4.) If the occupier considers any requisition necessitating the expenditure of money exceeding five pounds to be un- reasonable, he may appeal to the Magistrates of the Local Court of the district within which the factory is situated, by delivering, within the prescribed time, to the clerk of the Court and to the inspector, a notice of appeal, in the prescribed form, setting forth the grounds of appeal.

(5.) Upon the notice of appeal being delivered, the magistrate shall fix a time for the.hearing of the appeal, and the clerk of the Court shall, by notice in the prescribed form, notify the appellant and the inspector that the appeal will be heard by the Magistrate at the time so fixed.

(6.) On the hearing of the appeal the Magistrate may, by order, confirm, reverse, or modify the requisition as he thinks fit.

54. EVERY inspector shall, in relation to factories, have pr owesof an spec in -

the powers of an inspector appointed under the Health Act, 1898, 0.*

and the powers and duties of inspectors appointed under that Act

shall, in relation to factories, be exercised by inspectors appointed

under this Act, under the direction and control of the Central

Board of Health.

EVERY person who personates an inspector in any certi- ficate, or falsely pretends to be . an inspector, shall be liable on

Penalty for person-

ating an inspector.

summary conviction to imprisonment with hard labour not exceeding

six months.

55.

56. Op ANY person who-- Penalties.

(a.) Commits any breach of, or neglects to comply with any of the provisions of this Act, or of any order or request of the Minister or an inspector made in pursuance of this Act ; or

(b.) Fails to keep a factory in accordance with this Act ; or (c.) Obstructs an. inspector in the execution of his duties ;

shall be liable, on summary conviction, to a penalty not exceeding ten pounds ; and if the offence is a continuous one, to a further penalty not exceeding five pounds for every day on which the offence continues after the first day.

(2.) The Justices, in addition to or instead of inflicting a penalty, may order certain means to be adopted by the occupier within some time to be .named in the order for the purpose of bringing his factory into conformity with this Act, and may, upon

1904, No. 22.]Factories. [3 EDW. VII.

application, enlarge the time so named; and if after the expiration of the time originally named, or enlarged upon subsequent application, the order is not complied with, or the factory closed and the registration cancelled, the occupier shall be liable to a penalty not exceeding five pounds for every day that such non-compliance continues.

(3 .) On a second conviction of the occupier of a factory, the Minister may, in his discretion, cancel the 'registration of the factory.

Informations for

offences. 57. IN all proceedings taken against any person for any breach

of or offence against this Act, or of any regulation thereunder

(r.) The information may be laid in the name of an inspector or police officer, or of any person aggrieved.

(2.) It shall be sufficient to allege in the information that the

factory was a factory within the meaning of the Act.

(3.) Judicial notice shall be taken of every proclamation and

of the appointment of every inspector.

Onus of proof. (4.) The onus of proof that articles prepared or manufactured

or made are not prepared or manufactured or made

for sale shall in all cases be on the defendant.

(s.) The onus of proof that the person named in a suminons as an employee of the defendant in a certain capacity was not employed in the capacity named in such summons shall in all cases be on the defendant.

(6.)	In any proceedings against the occupier of a factory for employing any person in excess of the hours of employ- ment permitted by this Act, the contents of the notice affixed by the occupier containing the working hours of the factory shall be conclusive evidence of the facts therein stated.
(7.)	A person who, on inspection, appears to the Justices to be of the Chinese or other Asiatic race shall be deemed to be of such race, and it shall lie on the defendant to prove the contrary.

Inspectors to fur- 58. EVERY inspector shall, as and when prescribed by regula-

nish local reports. tion or by the Minister, furnish to the Minister a report in the

prescribed form as to the operation of this Act in the district in

which the inspector has been acting.

Annual report. 59.

AN annual report of the operation of this Act throughout the State shall be laid before Parliament.

Regulations. 60.

THE Governor may make regulations and may impose any penalty not exceeding five pounds for any breach thereof.

3 Eow. VII.] Factories. [1904, No. 22.

THE SCHEDULE.

Section 13.

FEES ON REGISTRATION OF FACTORY.

£ s. d.

Where the maximiun number of persons to be engaged in the factory

does not exceed seven ... ... ... ... ... ... 0 5 0

Where such number exceeds seven but does not exceed fifteen ... 0 10 0

Where such number exceeds fifteen but does not exceed thirty ... 1 1 0

Where such number exceeds thirty ... ... ... ... -... 2 10 0

Where the occupier or intending occupier of a factory, or any person employed in or about a factory, is of the Chinese or other Asiatic race, there shall be paid a fee of Five pounds, and the registration of every such factory shall be renewed and such fee be paid annually.

By Authority: Wm. ALFRED WATsoN, Government Printer, Perth.