Factories and Shops Act Amendment Act 1937 (WA)

1937.]

Factories and Shops.

[No. 54.

FACTORIES AND SHOPS.

1° AND 2° GEO. VI., No. LIV.

No. 54 of 1937.

AN ACT to amend the Factories and Shops Act, 1920.

[Assented to 18th January, 1938.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legisr lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Factories and Shops Short Otte

Act Amendment Act, 1937, and shall be read as one with the Factories and Shops Act, 1920, as reprinted in the Appendix to the Sessional Volume of Statutes for the year 1928 and amended by Act No. 6 of 1932 (hereinafter referred to as the principal Act).

Section four of the principal Act is hereby

Amendmentof s. 4 of the

amended

principal Ant

(a)

In the definition of "furniture" by striking out all words after the word "part" in the second line of the definition down to and including the word "wood-turners" in the fourth line.

(b)

In the definition of "shop" by adding the follow-

ing words at the end of the definition:—

No. 54.]

Factories and Shops.

[1937.

"and any premises used as a showroom or for the public display of his wares by a vendor or the servant or agent of a vendor with a view to effecting the sale by way of retail of any such wares, or obtaining orders on a retail basis from any purchasers, notwithstanding that the orders obtained are fulfilled from stocks kept elsewhere than in such premises."

Amendment	3. Section six of the principal Act is hereby
of a. a of the

principal Act.

amended

(a) by adding the following words at the end of the section—" and may also appoint some fit and proper person to be Assistant Chief Inspector of Factories who-

(a)	may exercise all the powers of the Chief Inspec- tor during illness or temporary incapacity of the Chief Inspector or during his temporary absence from office;
(b)	may exercise such powers of the Chief Inspec- tor as the Chief Inspector may from time to time assign to him in writing either generally or in any particular case;

(b) by adding the following subsection:—

(2.) In the absence of proof to the contrary, it shall be presumed that anything done by the Assistant Chief Inspector in purported exer- cise of any power conferred by this Act on the Chief Inspector is lawfully authorised under this section.

Amendment	4. Section seven of the principal Act is hereby
et a. 7 of the

principal Act.

amended

(a)	by numbering the present section subsection (1) and adding the following after the word "factories":—"shops and warehouses or of any one or more of such classes of premises."
(b)	by adding the following further subsections :—

(2.) No person shall be appointed an inspec- tor of factories, unless such person has passed the prescribed examination; provided that the provisions of this subsection shall not apply to any person appointed an inspector prior to the commencement of this subsection.

1937.]

Factories and Shops.

[No. 54.

(3.) Every inspector appointed under this Act (whether before or after the commencement of this subsection) may exercise all the powers and duties of an industrial inspector appointed under the Industrial Arbitration Act, 1912-1935.

Subsection (2) of section eighteen of the principal Amendment

of 8.18 of the

Act is hereby repealed.

principal Act.

6. Section twenty of the principal Act is amended— Anseromortte

(a) by striking out subsections (1) and (2) and

pri_cipal Act

substituting the following new subsections:

(1.) On receipt of the application and of the pre- scribed registration fee, registration shall be effected by an entry in a register of the prescribed particu- lars relating to the factory, and a certificate of regis- tration shall be issued to the occupier.

(2.) Notwithstanding the registration of the fac- tory if, in the opinion of the Chief Inspector, any premises registered as a factory are not suitable trot the purpose for which they are used or intended to be used

(a)

the Chief Inspector may forbid the premises from being used for such purpose; and

(b)

the Chief Inspector or any inspector may by

notification in writing served on the applicant

specify the matters in respect of which such

premises are not suitable and-

(i) require the applicant to remedy such defects to the satisfaction of the Chief Inspector and limit the time in which the requisition is to he complied with, and

(ii) forbid the premises from being used for such nurnose until the premises are made suit- able for the purpose for which they are used or intended to be used, to the satisfac- tion of the Chief Inspector.

If the Chief Inspector forbids the premises from being used under the preceding subparagraph (ii), the Chief Inspector shall refund the fee paid for registration under subsection (1), and the occupier shall forthwith deliver up the then current certificate of registration to the Chief Inspector for cancellation.

No. 54.]

Factories and Shops.

[1937.

Any person who uses any premises as a factory after the Chief Inspector has forbidden the same from being so used, without satisfying the Chief Inspector that the premises have been made suitable for such use in accord- ance with this section, commits an offence against this Ant.

(b) By striking out the words "the demands of the Inspector as specified in such requisition" in the first and second lines of subsection three and substituting the words "any order of the Chief Inspector forbidding the use of the premises or any requisition of the Chief In- spector or an Inspector under this section."

ftepeal of

a. 23 of the

7. Section twenty-three of the principal Act is hereby

principal Act.

repealed.

Repeal of

8. Section twenty-four of the principal Act is hereby

a. 24 of the

principal Act. repealed.

Amendment	9. (1.) Section twenty-seven of the principal Act is
of A 27 of the

principal Act. hereby amended by inserting the words "shop or ware-

house" after the word "factory" wherever it occurs in

the section.

(2.) Section twenty-seven of the principal Act as here- by amended shall be inserted in the position specified in section fifty-four of this Act in the supplemental pro- visions contained in Part XII. of the principal Act.

Amendment	10. Section thirty-two of the principal Act is hereby
of a. 32 of the

principal Act.

amended by adding the following subsection:

(2.) Where a person is employed by the same

employer in both a factory and a shop, the person

concerned shall be deemed to be employed in a fac-

tory and the provisions of subsection (1) of this sec-

tion shall apply accordingly.

Amendment

11. Section thirty-four of the principal Act is

of a. 34 of the

principal Act. amended by deleting the word "child" in line eight and

inserting in lieu thereof the word "boy."

Amendment

of a. 37 of

12. Section thirty-seven of the principal Act is

principal Act.	amended by inserting the word "on" before the word "more" at the beginning of paragraphs (b) and (d)
respectively of subsection (1).

1937.]

Factories and Shops.

[No. 54.

13. Section forty of the principal Act is hereby Aoinsentenotf amended by inserting after the word "industries" in the princi pal Act.

fifth line of subsection (1) the words "or any factory in which work which is a necessary part of any trade or manufacture carried on in such industries is performed."

14. Section forty-one of the principal Act is amended

rIle:ldu:Int

by striking out the words "one shilling" in line eight of principal t.

paragraph (f) and substituting the words "one shilling

and sixpence."

15. A new section is inserted in the principal Act, New section

after section forty-one, as follows:-

41A. For the purposes of this Act any person Rule

(other than the occupier) employed in any capacity =mt.

in a factory shall be deemed to be employed therein

from the time when such person commences work

until the time when working operations of such per-

son cease for the clay, and every such person shall

forthwith after such cessation of work, unless law-

fully working on overtime, leave the factory without

loitering or remaining in the factory for his own

purposes, excluding, however, the meal time pre-

scribed under this Act.

16. Section forty-two of the principal Act is amended Amendment

of s. 42 of

as follows

principal Act.

(a)	by deleting from the said section the words "boy and every woman" in line two, and inserting in lieu thereof the word "person";
(b)	by deleting the whole of the proviso to the first

paragraph of the section;

(c)	by deleting from the third paragraph of the section the words "woman and boy" in line three of the said paragraph and inserting in lieu thereof the words "person employed in a factory."

17. Section forty-three of the principal Act is amended trirdza.:1

by deleting the words "woman and boy" in line two of principal Act.

the section, and inserting in lieu thereof the word "per-

son."

No. 54.]

Factories and Shops.

[1937.

of . 4 of the18. (1.) Section forty-five of the principal Act is	Amendment
principal Act- hereby amended by deleting the whole of paragraph (g),

and inserting in lieu thereof a new paragraph, as fol-

lows :-

(g) Except with the permission in writing of the Chief Inspector, which shall only be granted on the ground of old age or infirmity, no woman over twenty- one years of age shall be employed in a factory, shop or warehouse at a lesser rate of wage than the lowest minimum rate prescribed for a woman over twenty- one years of age in any award or industrial agree- ment made under the provisions of the Industrial Arbitration Act, 1912-1935, and for the time being in force, and no male person over twenty-one years of age shall be employed in a factory, shop or ware- house at a lesser rate of wage than the lowest mini- mum rate prescribed for a male person over twenty- one years of age in any award or industrial agree- ment made under the provisions of the said Act and for the time being in force.

(2.) Section forty-five of the principal Act as hereby amended shall be inserted in the position specified in section fifty-four of this Act in the supplemental pro- visions contained in Part XII of the principal Act.

Amendment

of s. 46 of the

19. (1.) Section forty-six of the principal Act is here-

Principal Act.

by amended

(a)	by inserting after the word "factory" in the third line of subsection (1) the words "shop or ware- house";
(b)	by inserting a further subsection after subsection

(1)

(la) No person shall ask or solicit the pay- ment of any premium in respect of the employ- ment or proposed employment of any person in any factory, shop, or warehouse, and no person shall offer to pay or furnish any premium in re- spect of any such employment or proposed em- ployment ;

(e) (i) by inserting after the word "factory" in the third line of subsection (2) the words "shop or warehouse";

1937.]

Factories and Shops.

[No. 54.

(ii) by adding at the end of the subsection the words "or on application being made in any penal proceedings under this section, the court shall order such sum to be repaid to the person entitled thereto";

(d) by adding new subsections, as follows :-

No person shall procure the insertion in any newspaper of any advertisement or notifica- tion inviting or soliciting any premium in re- spect of the employment or proposed employ- ment of any person in any factory, shop or warehouse.

(3.)

(4.) Where any person seeks to procure the insertion in any newspaper of any advertisement or notification mentioned in subsection (3) of this section, the proprietor or publisher of such newspaper shall not receive such advertisement or notification unless the person seeking to pro- cure the insertion aforesaid furnishes his name and address to such proprietor or publisher.

(5.) No person seeking to procure the inser- tion in any newspaper of any advertisement or notification mentioned in subsection (3) of this section, shall give to the proprietor or publisher of such newspaper a name and address which is false in any particular.

(6.) Where any advertisement or notification mentioned in subsection (3) of this section appears in any newspaper, the proprietor or publisher of such newspaper shall, upon request by the Chief Inspector, furnish to such inspector the name and address, as obtained by him, of the person who procured the insertion of such advertisement or notification in such news- paper.

(2.) Section forty-six of the principal Act as hereby amended shall be inserted in the position specified in section fifty-four of this Act in the supplemental pro- visions contained in Part XII. of the principal Act.

20. (1.) Section forty-seven of the principal Act is Amendment

hereby amended by adding the words "shop or ware- opfri 8n.ci4p7a1 olet.

house" after the word "factory" in line two of the sec-

tion.

No. 54.]

Factories and Shops.

[1937.

(2) Section forty-seven of the principal Act as hereby amended shall be inserted in the position specified in section fifty-four of this Act in the supplemental pro- visions contained in Part XII. of the principal Act.

Amendment

21, Section forty-eight of the principal Act is hereby

of s. 48 of

the principal amended :—

Act.

(a)	by deleting the words "All women and all males under eighteen years of age" in lines one and two of the section and inserting in lieu thereof the words "All persons (except the occupier) " ;
(b)	by adding at the end of the section a proviso, as follows :—

Provided that this section shall not apply to

any student or pupil attending a university, or

a technical college, or a bona fide school, or to

an apprentice in any trade, who attends casually at a factory in the capacity of a student or pupil or apprentice as aforesaid for the purpose as an incident of his studies, of gaining practical knowledge in connection with the working of any plant, process or machinery, and not for the purpose of doing the work of an employee in such factory.

New sections. 22. The following new sections are hereby added at

the beginning of Part VI. of the principal Act under the "Provisions relating to Health, Sanitation, and Safety" :—

Special	62A. (1.) Where the Minister is satisfied that
regulations

concerning	any manufacture, plant, process, or description of
dangerous
trades.	manual labour used in factories is dangerous or in- jurious to health or dangerous to life or limb, either generally or in the case of women, young persons or any other class of persons, he may certify that manu- facture, plant, process or description of manual labour to be dangerous ; and thereupon the Governor may make such regulations as appear to him to be reasonably practicable and to meet the necessity of the case.
(2.) Before the Governor makes any regu- lations under this section the Minister shall publish in a newspaper circulating in the dis-

1937.]

Factories and Shops.

[No. 54.

trict or districts in which the factories as aforesaid exist, and in such other manner as he may think best adapted for informing per- sons affected, notice of the proposal to make the regulations and of the place where copies of the draft regulations may be obtained, and of the time (which shall not be less than twenty-one days) with- in which any objection made with respect to the draft regulations by or nn behalf of persons affected must be sent to the Minister.

(3.) Every objection must be in writing and

state

(a)	the draft regulations or portions of draft regu-

lations objected to;

(b)	the specific grounds of objection; and
(c)	the omissions, additions, or modifications asked

for.

(4.) The Minister shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations, and shall then cause the amended draft to he dealt with in like manner as an original draft.

(5.) Where the Minister does not amend or with- draw any draft regulations to which any objection has been made, then (unless the objection either is withdrawn or appears to him to be frivolous) he shall, before recommending the Governor to make the regulations, direct an inquiry to be held in the manner hereinafter provided.

62B. section sixty-two A of this Act, the Minister shall geq.

(1.) When so required by subsection (5) of Minister WWI

mpitry

appoint a competent person to hold an inquiry with rseugtationngs

regard to the draft regulations, and to report to him t°

thereon.

(2.) The witnesses on the inquiry may, if the per- son holding it thinks fit, be examined on oath.

62C.	(1.) The regulations made under the fore- Regulations

going provisions may be made to apply to all the gme7opie.:1 factories in which the manufacture, plant, process saPpepirciati.

or description of manual labour, certified to be dan-

No. 54.]

Factories and Shops.

[1937.

gerous, is used (whether existing at the time when the regulations are made or afterwards established), or to any specified class of such factories. They may provide for the exemption of any specified class of factories, either absolutely or subject to condi- tions.

(2.) No person shall be precluded by any agree- ment from doing, or be liable under any agreement to any penalty or forfeiture for doing, such acts as may be necessary in order to comply with the pro- visions of any regulation.

Spacial	62D. Regulations made under the foregoing pro-
provisions
In regard to

may be made	visions may, among other things
certain

matters.	(a)	prohibit the employment of or modify or limit the period of employment of all persons or any class of persons in any manufacture, plant, process or description of manual la- bour certified to be dangerous; and
(b)	prohibit, limit, or control the use of any material or process.
Penalty for

non-oboe/T-	62E. (1.) If any occupier who is bound to ob- serve any regulation made under the foregoing pro- visions acts in contravention of or fails to comply with the regulation, he shall he liable for each offence to a penalty not exceeding fifty pounds and, in the ease of a continuing offence, to a penalty not exceeding five pounds for every day during which the offence continues after conviction therefor.
el:1M
(2.) If any person other than an occupier who is bound to observe any such regulation acts in con- travention of or fails to comply with the regulation, he shall be liable for each offence to a penalty not exceeding two pounds; and the occupier of the fac- tory shall also be liable to a penalty not exceeding two pounds, unless he proves that he has taken all reasonable means by .publishing and enforcing the regulations to prevent the contravention or non- compliance.

Amendment	23. (I.) Section sixty-five of the principal Act is
of a. 65 of the

principal Act.

hereby amended by adding the words "shop or ware- house" after the word "factory" wherever it occurs in the section.

1937.]

Factories and Shops.

[No. 54.

(2.) Section sixty-five of the principal Act as hereby amended shall be inserted in the position specified in section fifty-four of this Act in the supplemental pro- visions contained in Part XII. of the principal Act.

24. Section sixty-six of the principal Act is hereby Amendment

of a. 66 of the

amended

—

principal Act.

(a)	by striking out the words "women and boys" wherever they occur and substituting the word "employees";
(b)	by striking out the words "woman or boy" at the beginning of paragraph (b) and substituting the word "employee."

25. Section sixty-seven of the principal Act is hereby Amendment

amended by substituting the word "person" for the word ;frbis.dp"aloicte

"women" wherever the same occurs in the section.

26. Section eighty-two of the principal Act is Amendment

amended by adding a proviso to the whole of the section, PfrineipalActa

as follows :—

Provided that, where in any building more than one factory is carried on, and any of such factories are carried on upon floors above the ground floor, and the aggregate number of persons engaged in such last-mentioned factories exceeds fifteen, then notwithstanding that there may be less than fifteen persons engaged in each or any of such factories, the owner of the building shall provide an efficient fire- escape from each of those floors above the ground floor upon which any of the said factories are carried on; and such fire-escape shall conform in all respects with the provisions of the preceding paragraphs (2) to (8) inclusive.

27. Section eighty-three of the principal Act is hereby Amendment

amended by inserting after the word "plan" in the sixth optia,,,litolf,\%!

line the words "and specification."

28. Section ninety-three of the principal Act is hereby Amendment

amended by striking out the word "Justices" in the i'Linsei9p3aloActe

second line and inserting the words "the police or resi-

dent magistrate."

No. 54.]

Factories and Shops.

[1937.

Repeal

of a. 94 of the	29. Section ninety-four of the principal Act is
principal Act

and insertion	hereby repealed and the following new section enacted:- 94. No person shall sell or expose for sale or have in his possession for sale any furniture other than second-hand furniture unless the same is stamped in the prescribed maimer. For the purposes of this section "Second-hand furniture" means furniture which when purchased by any person for his own use and not for resale has been used by such person prior to a subsequent sale to some other person.
of new
section.
Amendment

of s. 97 of	30. Section ninety-seven of the principal Act is
the principal

Act.

hereby amended

(a)	by striking out the word "knowingly" in the first

line;

(b)	by striking out the proviso to the section.

Amendment	31. Section one hundred and three of the principal
the principal

of s. 103 of

Act.

Act is amended by deleting subsection (2) and inserting

in lieu thereof a subsection as follows :—

(2.) Where, as the result of a resolution carried at a poll of electors under the provisions of section one hundred and six of this Act, a week day other than Saturday has been determined as the day upon which shops in the district shall close at one o'clock after noon, the day upon which the small shops afore- said shall close at one o'clock after noon shall be the day determined by such resolution as aforesaid, or Saturday, according to the choice of the shopkeeper, to be made on registration as hereinafter provided.

Amendment	32. Section one hundred and four of the principal Act
of a. 104 of

principal Act.

is amended by striking out the word "Minister" in the last line of subsection (1) and substituting the words "Chief Inspector."

Amendment	33. Section one hundred and six of the principal Act
of a. 106 of

the principal	is amended, as follows :—
Act.

(a) by deleting subsection (3) and inserting in lieu thereof a subsection as follows :—

(3.) At every poll a resolution shall be sub-

1937.]

Factories and Shops.

[No. 54.

mitted to the electors in the form of a question

as follows:

Do you vote that shops generally through-

out the district shall close at one o'clock on

Such question shall be completed by inserting in the space left blank for the purpose the name of the week day to be submitted to the vote of the electors, and the voting shall be according to the form in the Seventh Schedule;

(b) by deleting from subsection (4) the word "Wednesdays" in line eleven of the said sub- section and inserting in lieu thereof the words "on that day in every week which has been determined by the voting at the said poll";

(c) by deleting from subsection (5) the word "Wednesday" at the end of the said subsection, and inserting in lieu thereof the words "that day in every week so determined by such reso- lution";

(d)	by deleting from subsection (6) the word "Satur- days" in line twelve of the subsection and insert- ing in lien thereof the words "on that day in every week upon which immediately prior to the said poll being taken the closing time then in operation was one o'clock after noon";
(e)	by deleting from subsection (6) the word "Satur- day" at end of the subsection and inserting in lieu thereof the words "that day in every week upon which immediately prior to the said poll being taken the closing time then in opera- tion was one o'clock after noon."

Act is hereby repealed, and the following substituted:— spzeipolitiacot

34. Section one hundred and eight of the principal Amendment of

108. The closing time for all shops mentioned in Part I. of the Fourth Schedule, except confectioners, vegetable, fruit, and milk shops shall be not later than eight o'clock in the evening of every day except Saturday and the week days next preceding Christ- mas Day, New Year's Day, and Good Friday, and every such shop, except bakers' shops and shops as hereinbefore mentioned, shall be kept closed until six

No. 54.]

Factories and Shops.

[1937-

o'clock in the morning of the next following day or such earlier hour in the morning of the next follow- ing day as may from time to time be fixed by pro- clamation: Provided that, in the case of bakers' shops, the same shall be kept closed during each Sun- day and also until the said hour of six o'clock in the morning of each day from Monday to Friday inclu- sive and until the hour of five o'clock in the morning of each Saturday or such earlier hour on such respective days as may be fixed by proclamation.

Provided further, that a shop kept mainly for the sale of confectionery, vegetables, fruit or milk shall not be a baker's shop within the meaning of that term as used in the next preceding proviso merely for the reason that bread, not made by the occupier of such shop is sold in such shop by the said occupier, and the next preceding proviso shall not apply to such shop.

The closing time on Saturday and the week days next preceding Christmas Day, New Year's Day, and Good Friday shall be not later than ten o'clock at night.

The closing time for confectioners, vegetable, fruit and milk shops shall be not later than eleven o'clock in the evening of every day, and every such shop shall be kept closed until six o'clock in the morning of the next following day, or such earlier hour in the morning of the next following day as may from time to time be fixed by proclamation: Provided that rail- way bookstalls and newsagents' shops in the vicinity of country stations may open for one half-hour be- fore and after the arrival of a mail train.

Repeal of	35. Section one hundred and nine of the principal Act
s. 109 of

principal Act is repealed and the following new section is enacted in

and insertion

•L

of new section. 1 Ls place:—

Closing time

for hair-	109. (1.) The closing time for all hairdressers'
dressers'

shops.

shops shall be not later than

(a)	six o'clock in the evening of any day except Saturday and of the week day next preced- ing Christmas Day;
(b)	ten o'clock in the evening of the week day

next preceding Christmas Day; and

1937.]

Factories and Shops.

[No. 54.

day;

and every such shop shall be kept closed until eight o'clock or such earlier hour as may from time to time be fixed by proclamation in the morning of the week day next following:

Provided that-

(i) when any public holiday is observed in any district on a Monday every hairdresser's shop may open at eight o'clock before noon and remain open until eleven o'clock before noon;

(ii) notwithstanding anything contained in this section the Governor may by proclamation authorise hairdressers' shops to remain open on any public holiday which is not observed on a Monday during any hours which may be specified in the proclamation, and may in like manner vary or rescind any such proclamation.

Subject to the foregoing proviso, every hair- dresser's shop shall remain closed during the whole of any public holiday.

(2) In any district or specified locality in which the Governor has by proclamation under subsection (2) of section one hundred and two substituted another day for Saturday, the day so substituted shall by force of the proclamation be also substituted for "Saturday" in paragraph (c) of this section, as regards the district or locality affected.

(3.) In any district or specified locality in which it is lawful for shops to remain open till nine o'clock on one evening in the week, pursuant to subsection (5) of section one hundred and two, it shall be lawful for hairdressers' shops to remain open till that hour on that evening.

Provided that the foregoing provisions of this sec- tion shall, whilst such resolution as is set out in the Seventh Schedule is in force in any district, be read and have effect in such district so as to give effect to such resolution.

No. 54.]

Factories and Shops.

[1937-

Amendment

of B. 114 of

36. Section one hundred and fourteen of the principal

principal Act.

Act is amended

(a)	by substituting the words "Chief Inspector" for the word "Minister" wherever that word occurs in subsection (2) ;
(b)	by striking out the words "by writing under his, hand" in line two of subsection (2).
(c)	by substituting the words "Chief Inspector's" for the word "Minister's" in the last line of sub- section (2).

Amendment of

a. 121 of the

principal Act.

37. Section one hundred and twenty-one of the prin- cipal Act is amended by inserting in subsection (2) after the word "shilling," in line three of the said subsection, the words "and sixpence."

Amendment of s. 125 of the principal

38. Section one hundred and twenty-five of the prin-

Act.

cipal Act is hereby amended

(a)	by striking out subsection (3) and substituting the following:

(3.) On any half-holiday allowed to shop as- sistants pursuant to this Act, no shop assistant shall be employed for more than five hours in the aggregate, and such aggregate period of five hours shall not be spread over a greater period of time than seven hours from the hour of commencing to the hour of finishing work on such half-holiday.

(b)	by adding a subsection, as follows :—

(5.) Every shopkeeper shall post and keep posted up a copy of the provisions of this sec- tion in his shop premises in a conspicuous posi- tion so as to be accessible to and easily read by all shop assistants employed by him.

Amendment	39. Section one hundred and twenty-six of the prin-
the principal

of s. 126 of

Act.	cipal Act is amended by adding a paragraph at the end of the section, as follows:

The occupier of every shop shall cause to be kept posted in a conspicuous position so as to be easily read by all female shop assistants employed in the shop a copy of this section.

1937.]

Factories and Shops.

[No. 54.

Section one hundred and twenty-eight of the prin- cipal Act is hereby repealed.	Repeal ofs. 128 of the
principal Act.

40.

41. A new section is added after section one hundred New section.

and twenty-eight of the principal Act, as follows:-

128A. No person who carries on the business of Hairdressing

schools.

hairdressing in all or any of its branches shall—

(a) on the premises or any part of the premises occupied by him for such business teach or undertake to teach any other person the trade or business in all or any of its branches;

.(b) permit or suffer his premises or the plant therein to be used by any other person for such purpose,

unless in either case the person receiving instruc- tion is an apprentice duly bound for a period of not less than two years under the provisions of a deed of apprenticeship to the person imparting the in- struction.

42. Section one hundred and twenty-nine of the prin- cipal Act is hereby amended by striking out the words	of a. 129 of
Amendment
the Principal
Act.
"if so required by the Chief Inspector" in the third last line of the subsection.

43. Section one hundred and thirty of the principal	Amendment
of s. 130 of

Act is amended	the principal
Act.

(a)	by striking out the word "knowingly" in the first

line of paragraph (a);

(b)	by striking out the words "to his knowledge" in

the third line of paragraph (b).

44. Section one hundred and thirty-one of the prim_ Repeal of a

cipal Act is repealed and the following substituted:— cipalAcjprot

insertion of

131. (1.) The shopkeeper of every shop of a de- nRew section.

kept to be

scription mentioned in the Fourth Schedule shall

keep in the prescribed manner a correct record of— =tie

shops.

(a)	the name and sex of each shop assistant em-

ployed;

(b)	the name and age of each shop assistant under

the age of twenty-one years;

No. 54.]

Factories and Shops.

[1937-

( c) the class of work performed by each shop as-

sistant;

(d)	the days on which shop assistants are allowed

half holidays or holidays;

(e)	the wages paid to each shop assistant;

and such record shall be entered up weekly by the shopkeeper. and shall be signed 'weekly, if correct,. by each shop assistant.

(2.) (a) Every such shopkeeper shall post, or cause to be posted and kept posted up in a conspicu- ous position in his shop so as to be easily accessible to and easily read by every shop assistant in his em- ploy during working hours on every day, or by any inspector, a roster in the prescribed form in the Eng- lish language showing-

(i) the name and sex of each shop assistant em-

ployed;

(ii) the class of work performed by each shop as-

sistant;

(iii) the times at which each shop assistant is re- quired to commence and finish work on each day in each week;

(iv) the hours in each day during which each shop assistant is entitled to be off duty during each day;

(v) the time allowed for meals to each shop assist-

ant on each day;

(vi) the day in each week on which each shop assist- ant is allowed a half holiday and the time from which the assistant is allowed such half holi- day.

(b) The particulars contained in such roster shall be in respect of the week Monday to Sunday inclu- sive during which it is posted up, and may be altered or varied only on account of the sickness or absence of a shop assistant, or on account of a contingency that the shopkeeper could not reasonably be expected to foresee : Provided that no such alteration or vari- ation shall render lawful the employment of any

1937.]

Factories and Shops.

[No. 54.

shop assistant for a greater number of hours in any week or in any day or days than is permitted by this Act, or to deprive any shop assistant of any holiday or half holiday to which such assistant may be en- titled.

(3.) Every shopkeeper who refuses or neglects to comply with the provisions of this section, or who has or permits any shop assistant to be on duty when, in accordance with the roster, such assistant should be off duty, commits an offence against this Act.

Amendment

45. Section one hundred and thirty-three of the prin-

of a. 133 of

the principal

cipal Act is hereby amended

Act.

(a)	by striking out subsection (1) and substituting the following :—

(1.) No person shall occupy or use any build- ing, premises, or place as a shop or warehouse unless the same is duly registered under this Act.

(b)	by striking out the words "Such notice shall specify" at the beginning of subsection (2) and substituting the following :—An application for registration shall be made to the Chief In- spector in the prescribed form, and shall specify;
(c)	by striking out subsection (3) ;
(d)	by striking out subsection (4) and substituting the following :—

(4.) The registration of every shop or ware- house under this Act shall be personal to the ap- plicant occupier, and shall operate only during the current calendar year, and after the thirty- first day of December of that year the shop or warehouse shall be re-registered.

(e)	by striking out the words "or hotel license" in line four of subsection (5) and inserting the words "railway refreshment room license or hotel license" in their stead;
(f)	by inserting after the word "registration" in the first line of subsection (7) the words "or re- registration."

No. 54.]

Factories and Shops.

[1937-

Amendment

of e. 136 of	46. Section one hundred and thirty-six of the prin-
Act.

the principal

cipal Act is hereby amended

(a.) by inserting at the beginning of paragraph (1) of the section the words "Subject to the express provisions of section forty-one A";

(b)	by striking out the words "in which the work of the factory is going on" in lines two and three of paragraph (1);
(c)	by striking out the word "justices" in line two of paragraph (2) and substituting the word "court.''

New section.

47. A section is inserted in the principal Act, after

section one hundred and thirty-eight, as follows:—

Provision as	138A. Where a person is employed by the same
to person em-

ployed both

employer in both a factory and a shop, then for the

in a factory

and a shop. purpose of computing the total number of hours in

any one day during which such person shall be employed on such day, such person shall be deemed to be employed in the factory only, and the provi- sions of this Act shall apply to such person accord- ingly.

Amendment

48. Section one hundred and forty of the principal

of s. 140 of

principal Act. Act is amended by inserting the following words at the

beginning of subsection (1) :—"Subject to the express

provisions of this Act."

New section.

49.

A new section is added after section one hundred and forty-one of the principal Act, as follows:-

safety appli-	141A. The occupier of every factory shall pro- vide such guards for machinery and belts or appli- ances used in connection therewith, as may be pre- scribed for the purpose of preventing risk of injury to employees and other persons in or about the fac- tory.
machinery,
etc.

ances for

Repeal	50.	Section one hundred and forty-four of the prin-
of s. 144 of

the principal	cipal Act is hereby repealed and the following substi-
Act and in-
sertion of	tuted:—
new section.

Minimum

144. Notwithstanding anything contained in the

penalty.

Justices Act, 1902-1932, the irreducible minimum

1937.]

Factories and Shops.

[No. 54.

penalty which may be imposed on any person for any offence against this Act or any regulation there- under shall be

Ten shillings on a first conviction;

Two pounds on a second conviction; and

Three pounds on any third or subsequent convic-

tion.

51. Section one hundred and fifty-one of the principal . Amendment

of a. 151 of

Act is hereby amended by striking out the words "Not- the principal	Act.
withstanding anything contained in this Act" at the be- ginning of the section and substituting the words "Sub- ject to the express provisions of section one hundred and forty-one A of this Act."

52. The Fourth Schedule of the principal Act is Amendment

of Fourth

amended by striking out the words "Chemists or Drug- Schedule of

he	.incipal

gists" and the word "Hairdressers" in Part II. of that tA

in	ctpr
schedule.

53. The Seventh Schedule to the principal Act is Amendment.

of Seventh

amended as follows :—

Schedule

of the princi-

(a)	by deleting from the form in the Seventh Schedule pal Act.

the word "Wednesdays" and inserting in lieu thereof an index letter with a blank space there- after as follows :—" (a)

(b)	by inserting in the margin of the said form, oppo- site the question in such form an index letter and words as follows :—" (a) Insert the name of the week day in respect of which the poll is to be taken."

Citation of

54. (1.) The principal Act as amended by Act No. 6

principal Act

of 1932 and this Act shall be reprinted under the super-	as ZVtIndg.
vision of the Clerk of Parliaments.

(2) In any such reprint

(a)

the sections shall be renumbered in arithmetical order and the numbering or lettering of and the cross-references in sections, subsections, paragraphs and subparagraphs shall be ad- justed;

(b)

Sections thirty-five and forty-eight of the prin-

cipal Act as amended by this Act shall be

No. 54.]

Factories and Shops.

[1937.

transferred and placed in that order at the beginning of the supplemental provisions con- tained in Part XII. of the principal Act;

sections shall be made in the marginal notes.

(3.) The short title of the principal. Act as amended

by Act No. 6 of 1932 and this Act shall be the Factories

and Shops Act, 1920-1937.