Factories and Shops Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA

FACTORIES AND SHOPS.

No. 65 of 1972.

AN ACT to amend the Factories and Shops

Act, 1963-1970.

[Assented to 31st October, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) This Act may cited as the Factories and ilik lart title

Shops Act Amendment Act, 1972. citation.

(2) In this Act the Factories and Shops Act, 1963- 107Al2e2

1970 is referred to as the principal Act.	Re printed
Acts. Approved

(3) The principal Act as amended by this Act may It=

be cited as the Factories and Shops Act, 1963-1972. 2=2; by	Act 0. 50
of 1970.

No. 65.] Factories and Shops. [1972.

Commence- 2.

(1) Sections 1, 2, 4, 6, 9, and 11 of this Act shall come into operation on a date to be fixed by proclamation, but it is not necessary that those several sections, or the whole of any of them, be proclaimed to come into operation on the one day and they, or the parts of any of them, may be pro- claimed to come into operation on such respective days as are fixed by proclamation.

ment.

(2) Sections 3, 5, 7, 8, and 10 of this Act shall come

into operation on the day on which the Public and

Bank Holidays Act, 1972 comes into operation.

Amendment

to section 5.	3.	Section 5 of the principal Act is amended by
(Inter-

pretation.)	deleting the interpretation "public holiday".
Amend-

ment to 4.

Section 12 of the principal Act is amended by adding after the word "examination", in line three of subsection (5), the passage "or has otherwise satisfied the Minister that he possesses a profes- sional or technical qualification that necessarily implies a training and experience relevant for the purposes of carrying out the duties of an inspector and that he has a sufficient knowledge of the law relevant for that purpose".

section 12.

(Inspectors.)

Amend-

ment to

section 59.	5.	Subsection (1) of section 59 of the principal
in factories.)

(Holidays

Act is amended by substituting for paragraph (a)

a paragraph as follows

(a) a whole holiday on every public holiday and a half-holiday on every public half- holiday; .

Repeal and

re-enact-	6.	Section 86 of the principal Act is repealed and
ment of

section 86.	re-enacted as follows-
Exempted

shops. 86. Section eighty-five does not apply with

respect to shops, in this Act called "exempted

shops"

(a) in which the only goods kept or stored, sold or supplied, or offered for sale or supply are goods that are prescribed to

1972.] Factories and Shops. [No. 65.

be exempted goods or are, under the Liquor Act, 1970, authorised to be sold and supplied there; or

(b) that are at any public passenger trans- port terminal or station where public passenger transport services are run- ning. .

7. Subsection (1) of section 89 of the principal	Amend-
ment to

Act is amended by substituting for paragraph (c)	section 89.
(Closing
a paragraph as follows	hours ofchemists' druggists'

(c) on Sunday of each week and on every public holiday and public half-holiday, except between thirty minutes past six o'clock in the afternoon and eight o'clock in the afternoon of each of those days. . shops.)

8. Subsection (1) of section 92 of the principal meet11c;

Act is amended by adding after the word "Day"— 5(;r;d ing hours for

(a)	in line seven of paragraph (a); and	sale of motor
(b)	in line five of paragraph (b),	vehicle requisites.)

the words "and whether any part of that day is a

public half holiday or not".

9. Subsection (3) of section 92 of the principal Further

Act is amended by substituting for subparagraph =lit ita°92	(ii)	of paragraph (b) a subparagraph as follows— Mgr:,
(ii) one of the goods prescribed to be exempted smaloetOprf vehicle

goods. . requisites.)

10. Section 95 of the principal Act is amended— rein'

(a) by substituting for the words "half iWcillaY.5s. in shops )

holiday", in lines three and four of subsec- tion (1), the words "public half-holiday"; and

(b) by repealing and re-enacting subsection (2) as follows

(2) a shopkeeper shall allow to each shop assistant a whole holiday on each public holiday and a half-holiday on each public half-holiday. .

No. 65.] Factories and Shops. [1972.

Repeal

and re-enact-	11. Section 118 of the principal Act is repealed
ment of

section 118.	and re-enacted as follows
Additional

powers of	118. (1) An inspector
inspectors

appointed	(a)	may, to the extent authorised by the
under this
and other
Acts.	Chief Inspector of Machinery under and for the purposes of the Inspection of Machinery Act, 1921, exercise the powers of an inspector under and for the purposes of that Act in relation to the machinery and boilers to which that Act applies; and
(b)	may, to the extent authorised by the Chief Inspector of Construction Safety under and for the purposes of the Con- struction Safety Act, 1972, exercise the powers of an inspector under and for the purposes of that Act in relation to the works to which that Act applies.

(2) Notwithstanding any other provision of this Act, an inspector under and for the pur- poses of the Inspection of Machinery Act, 1921 or the Construction Safety Act, 1972 may, to the extent authorised by the Chief Inspector, under and for the purposes of this Act, exercise the powers of an inspector under and for the purposes of this Act, in relation to the factories and shops to which this Act applies. .