Factories and Shops Act Amendment Act 1973 (No. 2) (Qld)

670 Q utrzt^z^ ANNO VICESIMO SECUNDO ELI A ET E SECU ND AE REGINAE No. 77 of 1973 An Act to a m end the F actories and Shops Act -1960. 1973 in certain particulars [ASSENTED TO 19TH DECEMBER, 1973] 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 1973 (No. 2). (2) The Factories and Shops Act 1960-1973 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 1960-1973.

Factories and Shops Act Amendment Act (No. 2) 1973, No. 77 671 2. Amendment of s. 5. Section 5 of the Principal Act is amended by, in the definition " trade description "- (a) adding at the end of provision (v) the words " or the properties of that material or those ingredients "; (b) omitting all words from and including the words " and includes the use " to the end of the definition and substituting the following words- and includes- any warning or instruction directed to the protection of the person of the user of goods; and any figure, word, trade-name, trade-style, or mark that. according to the custom of the trade, is commonly taken to be an indication of any of the matters specified in this definition;". 3. Amendment of s. 10. Section 10 of the Principal Act is amended by omitting subsection (8) and substituting the following subsection:- (8) Non-disclosure of information. This subsection applies save where the relevant disclosure or proposed disclosure of information is- (a) for the purposes of this Act and in the proper exercise of functions under this Act; (b) with the prior permission of the Minister; or (c) ordered by a court for the purposes of the hearing or determination of a trial, action or proceeding before that court or before any other duly constituted tribunal, A person who is an inspector or other officer appointed for the purposes of this Act shall not disclose to any person any information that he has acquired in the exercise of his functions for the purposes of this Act with respect to any factory or shop or other place. A person who is or was an inspector or other officer appointed for the purposes of this Act shall not, at any time, disclose to any person any information that he has acquired in the exercise of his functions for the purposes of this Act with respect to any manufacturing or commercial secrets or working processes.". 4. E r a, s. 11. Section 1 f of the Principal Act is amended by, in subsection (1), adding at the end thereof the following symbol and paragrr-h:- (x) take and remove, for purposes of analysis, samples of materials and substances, and any article or thing used or handled in connexion with the business or process carried on in any factory or shop or other place but, in the exercise of the power in this paragraph defined, he shall notify the occupier or the occupier's representative of the samples, articles or things so taken and removed ". 5. /. ir_ of s. 74. Section 74 of the Principal Act is amended by, in subsection (1), inserting after the words " leather goods " the word ", shoes ".

6 72 Factories and Shops Act Amendment Act (No. 2) 1973, No. 77 6. Amendment of s. 83 . Section 83 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1), and, in that subsection, omitting paragraph (e) and substituting the following paragraph:-- (e) requiring the trade description to be applied to textile goods or to any portion thereof under this Part to contain- (i) such particulars as are prescribed relating to the quality, purity, or weight of the goods or portions thereof, or relating to the materials (including the properties thereof) of which the goods or portions thereof are composed; (ii) such warnings or instructions as are prescribed or as are of a nature prescribed, being directed to the protection of the person of the user of the goods;"; (b) adding the following subsection:- " (2) For the purpose of prescribing by regulation any particular of a trade description to be applied to textile goods (being manufactured articles), which particular is directed to the protection of the person of the user of those articles the expression " textile goods " includes, in addition to the matters defined in section 5, all linings, interlinings, trimmings and attachments forming part of those articles and the expression " trade description " has, in relation to such linings, interlinings, trimmings and attachments, the meaning assigned to that expression by section 5.".