Factories and Shops Act Amendment Act 1970 (Qld)

463 Q lteenzi2ut ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 35 of 1970 An Act to Amend the Factories and Shops Act 1960-1968 in certain particulars [ASSENTED TO 18TH DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Factories and Shops Act Amendment Act 1970. (2) The Factories and Shops Act 1960-1968 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Factories and Shops Act 1960-1970. 2. Commencement of Act. (1) The provisions of this Act other than of section 9 shall commence on the day on which it is assented to for and on behalf of Her Majesty. (2) The provisions of section 9 of this Act shall commence on a date appointed by the Governor in Council by Proclamation published in the Gazette.

464 Factories and Shops Act Amendment Act 1970, No. 35 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) in the definition " advertisement ", omitting the words " textile goods or other goods " where they thrice occur and inserting in their stead in each case the words " or textile goods "; (b) in the definition " false trade description ", omitting the words " textile goods or other goods " where they twice occur and inserting in their stead in each case the words " or textile goods "; (c) in the definition " textile goods ", (i) omitting the word " and " where it occurs between paragraph (ii) and paragraph (iii); (ii) adding the following word and paragraph:- " and (iv) all carpets and pile fabrics but not including backings, linings, interlinings or trimmings forming part of such carpets or pile fabrics "; (d) in the definition " trade description ", omitting the words textile goods or other goods " and inserting in their stead the words or textile goods ". 4. Amendment of s. 11 . Section 11 of the Principal Act is amended by adding the following subsection:- " (3) Before an inspector enters any private dwelling-house pursuant to a power conferred by this section or by any other provision of this Act he shall, save where he has the permission of the occupier of that dwelling-house to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reason to believe that any premises are of a description such that an inspector is, by this Act, empowered to enter therein may issue his warrant directed to the inspector to enter the premises specified in the warrant for the purpose of exercising therein the powers conferred on the inspector by this Act. A warrant issued under this section shall he, for a period of one month from its issue, sufficient authority- (a) to the inspector to whom it is directed and to all persons acting in aid of him to enter the premises specified in the warrant; and (b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant all the powers conferred on an inspector by this Act. For the purposes of this subsection the expression " private dwelling-house " does not include parts of premises which parts are not used exclusively for the purpose of private residence, or the curtilage of any premises.". 5. Repeal of and new s. 74 . The Principal Act is amended by repealing section 74 and inserting in its stead the following section:-- "74. Application of Part X. Q. Act, s. 47A. (1) The provisions of this Part shall apply with respect to all leather goods and all textile goods only.

Factories and Shops Act Amendment Act 1970, No. 35 465 (2) The provisions of this Part shall operate in addition to and not in substitution for or in derogation of the provisions of the Health Act1937-1968 or of any other Act that provides in relation to the trade description of goods.". 6. Repeal of and new s. 75. The Principal Act is amended by repealing section 75 and inserting in its stead the following section:- " 75. Duty to label goods. A person shall not sell any leather goods or textile goods unless a trade description that complies with section 76 of this Act is applied thereto in accordance with that section.". 7. Amendment of s. 76 . Section 76 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from subparagraph (vii) of paragraph (a) the words " shall state " and inserting in their stead the words " shall include a statement specifying "; (ii) omitting subparagraph (ix) of paragraph (a) and inserting in its stead the following paragraph- (ix) if the goods contain any loading, weighting or filling substance or substances and the weight of that substance or the combined weight of two or more of those substances that is removable from the goods by normal cleaning processes exceeds 5 per cent. by weight of the goods it shall include the statement " loose filling exceeds 5 per cent.";"; (iii) omitting paragraph (d); (b) omitting subsection (3) and inserting in its stead the following subsection:- " (3) Where a trade description applied to textile goods is required to include a statement specifying a fibre and the fibre is an artificial fibre that- (a) is of a class or type the name whereof is prescribed by regulation made under this Act relating to the description of artificial fibres in trade descriptions for textile goods, the specification of that fibre- (i) may, at any time before the appointed day; and (ii) shall, at any time after the appointed day, consist of or include a name so prescribed for that class or type of fibre; (b) is not of a class or type the name whereof is prescribed by regulation made under this Act relating to the description of artificial fibres in trade descriptions for textile goods, the specification of that fibre- (i) may, at any time before the appointed day; and (ii) shall, at any time after the appointed day, consist of or include the words " artificial fibre " or the words " man-made fibre "."; (c) adding the following subsections:- " (4) In subsection (3) of this section the expression " the appointed day " means that date declared by the Minister, by notice published in the Gazette, to be the appointed day for the purpose of that subsection. Judicial notice shall be taken of the publication of such notice.

466 Factories and Shops Act Amendment Act 1970, No. 35 (5) Where a regulation relating to the description of artificial fibres in trade descriptions for textile goods that amends the names theretofore prescribed for artificial fibres is to take effect from a date later than the date of its publication in the Gazette it shall be lawful for the specification of an artificial fibre to be made as if the regulation had taken effect from the date of its publication in the Gazette. (6) Where by reason of the operation of this section two or more artificial fibres would, but for this subsection, be separately specified in a trade description applied to textile goods by the same word or words the fibres shall, for the purposes of this Act, be deemed to be the one fibre.". 8. Amendment of Part X generally . The Principal Act is amended by, in Part X, omitting the words "textile goods or other goods" wherever they occur and inserting in their stead in each case the words " or textile goods ". 9. Repeal of s. 85. The Principal Act is amended by repealing section 85.