Factories and Shops Act Amendment Act 1973 (Qld)

413 ANNO VICESIMO SECUN E LI ZABETHAE S ECUND A E E N . 973 [ASSENTED TO 26TH APRIL, 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. (2) The Factories and Shops Act 1960-1970 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.

414 Factories and Shops Act Amendment Act 1973, No. 40 2. Cc , neat of Act. (1) This Act other than sections 4, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The sections of this Act specified in subsection (1) shall commence on a date to be appointed by Proclamation. 3. Ai asst of s. 5. Section 5 of the Principal Act is amended by, in subsection (1), (a) inserting after the definition " bakehouse " the following definition:- Building "-Includes any erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; "; (b) inserting after the definition " closing time " the following definitions :- " " Construction work "-Work in connection with the construction of a factory, shop, building or other place, being work that is done or to be done at or adjacent to the site of the factory, shop, building or other place; " Constructor "-A person who makes a contract with the owner of a project to perform otherwise than as a servant construction work involved in the project or, where in respect of a project-. (a) more than one such contract is made with the owner; or (b) the owner undertakes construction work as an employer, means the owner of the project;"; (c) omitting the definition " Minister " and inserting in its stead the following definition:- " " Minister "-The Minister for Development and Industrial Affairs or other Minister of the Crown charged for the time being with the administration of this Act: The term includes any person for the time being performing the functions of the Minister; "; (d) omitting the definition "owner " and inserting in its stead the following definition:- " " Owner "-In relation to a factory, shop, project or any other place the person or persons whose property it is, whether jointly or severally: The term includes a mortgagee in possession and a lessee and, in relation to a project, the person or persons for whose direct benefit the project exists or will exist upon completion;"; (e) inserting after the definition " place " the following definition:- " " Project "-Any plan or scheme that requires the performance of construction work for its fulfilment: The term includes the product of such a plan or scheme;"; (f) omitting from the definition " place " the words " or structure " where they occur in provisions (b) and (c) of that definition; (g) omitting from the definition " textile goods " the words " of wearing apparel ".

Factories and Shops Act Amendment Act 1973, No. 40 415 4. A t r I s. 5. Section 5 of the Principal Act is amended by, in subsection (1), (a) inserting in the definition " advertisement " after the words " leather goods," wherever they occur the word " shoes "; (b) inserting after the definition " award " the following definition:- " " Back lining "-In relation to a shoe, the material covering or partially covering the inner surface of the upper and extending from the waist of the shoe on one side to the waist of the shoe on the other side;"; (c) inserting in the definition " false trade description " after the words " leather goods," the word " shoes "; (d) omitting from the definition " leather goods " the words " boots and shoes;"; (e) inserting in the definition " shoes " after the word " as " the 1-ord " boot- "; (f) inserting after the definition " small shop " the following definition:- " Sock lining "-In relation to a shoe, the thin slip of leather, paper or other material that is fixed to the upper surface of the insole;"; (g) omitting the definition " sole " and inserting in its stead the following definition:- " " Sole "-All that part of a shoe that in use is under the foot of the wearer, including the heel, but excluding- (a) the insole, (b) the sock lining, (c) thread, wax, rivets, pegs, nails, toe-plates, heel-plates, heel-tips and heel-caps;"; (h) inserting in the definition " trade description "- (i) before the words " leather goods " the words " goods being "; (ii) after the words " leather goods," the word " shoes "; (i) inserting after the definition " trade description " the following definition:- " " Upper "-The outer covering of that part of a shoe above the sole but not including any thread, lace, eyelet, buckle, button or other adornment;". 5. 1 t of s. 11. Section 11 of the Principal Act is amended by, in subsection (1), adding at the end of provision (i) the words " and any building or place in respect of which an Order in Council made under section 37 is in force ". 6. Amendment of s. 15. Section 15 of the Principal Act is amended by adding at the end thereof the following symbol and words:- or (iv) to any dental surgery where no employee is engaged in dental technician's work".

41 6 Factories and Shops Act Amendment Act 1973, No. 40 7. 1 € of s. 20. The Principal Act is amended by repealing section 20 and inserting in its stead the following section:- " 2" Renewal of registration. (1) The occupier of any place registered under this Act as a factory or shop shall, no later than the last day of February in the year in which the registration would expire unless renewed, make application for the renewal of the registration. (2) Where the registration of any place as a factory or shop expires by effluxion of time and is not renewed within the time prescribed by subsection (1) every person in whose name the place was so registered immediately before the expiration of the registration is guilty of an offence against this Act. (3) A person shall not be convicted of the offence defined in subsection (2) if he proves- (a) that on or before the date of expiration of the registration he had vacated the place so registered or had vacated the business carried on at that place and that since vacating that place or business he has duly lodged with the inspector a notice in writing in accordance with section 22 or, if the notice has not been so lodged, that he has taken all reasonable steps to secure compliance with that section; or (b) that he has taken all reasonable steps to secure renewal in accordance with subsection (1) of the registration that has expired.". 8. Amendment of s. 36. Section 36 of the Principal Act is amended by omitting all words from and including the words " The provisions of this Part " to and including the words " construction of those premises." and inserting in their stead the following words:- "The provisions of this Part are in addition to and not in substitution for or derogation of the provisions of- (i) the Inspection of Machinery Act 19511971; (ii) the Construction Safety Act1971; (iii) the Health Act1937-1971; (iv) The Workers' Accommodation Act of 1952; or (v) any Act for the purpose of better securing the safety of persons employed in or in connection with the work of the construction of any building or other premises whatsoever under construction.". 9. Amendment of s. 37. Section 37 of the Principal Act is amended by, (a) in subsection (1), (i) inserting after the words " this Part shall " where they occur in the first paragraph the words ", according to their intended application. as expressed therein,"; (ii) inserting after the words " shall include " where they occur in the second paragraph the words " the owner, the constructor (whether or not he employs any other person), and ";

Factories and Shops Act Amendment Act 1973, No. 40 417 (b) in subsection (2), (i) inserting after the words " the term " factory "," the words " and the term " occupier " shall where necessary include the constructor (whether or not he employs any other person), and the contractor and any subcontractor or other person employing any persons in or in connection with the work of construction of that building or other place,"; (ii) inserting before the word " places " and the word " place " wherever either word occurs the word " other ". 10. Amendm ent of s. 38. Section 38 of the Principal Act is amended by, (i) in subsection (1), omitting the expression " buildings and places wherever it occurs and inserting in its stead in each case the expression " buildings and other places "; (ii) add g the foll'wing subs;ection:- " (3) Rules an d regulatio ns dee m ed included in P ar t V and Part VI. Where there occurs in this Part a reference to the expression " this Part " or the expression " Part VI " it shall be deemed for the purpose of that reference- (a) that rules made with respect to any matter specified in this Part, or made for the purposes of this Part, or continuing in force by virtue of any provision of this Part are included in the provisions of this Part; and (b) that regulations or rules made with respect to any matter specified in Part VI or made for the purposes of Part VI are included in the provisions of Part VI.". 11. A of s. 39. Section 39 of the Principal Act is amended by, in subsection (2), (a) omitting the words " Labour and Industry " wherever they occur in paragraph (b) and inserting in their stead in each case the words Industrial Affairs "; (b) omitting paragraph (d). 12. Amendment of s. 40. Section 40 of the Principal Act is amended by, in subsection (3), omitting the words " Labour and Industry " and inserting in their stead the words " Industrial Affairs ". 13.Ae °.eit of s. 47. Section 47 of the Principal Act is amended } byy, (a) in subsection (1), (i) inserting after the words " shall not " the words " at any time "; (ii) omitting the word " young " wherever it occurs; (b) in subsection (2), omitting the word " young " wherever it occurs. 14. Amendment of s. 49. Section 49 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The occupier of a factory shall, on the request of an inspector, produce for inspection by the inspector- (a) where the request is made in relation to any person employed in the factory, being one to which section 47 applies, a certificate of fitness of that person, as required by this Part to be held by that occupier;

418 Factories and Shops Act Amendment Act 1973, No. 40 (b) where the request is made in relation to a young person employed in the factory, being one to which section 48 applies, a certificate of birth, or of attainment of school-leaving age by that person, as required by this Part to be held by that occupier.". 15. Amendment of s. 51. Section 51 of the Principal Act is amended by, in subsection (1), omitting the word " young " where it occurs in paragraph (i). 16. Amendment of s. 60. Section 60 of the Principal Act is amended by, (a) in subsection (1), (i) omitting the symbol " • " at the end of provision (xiv) and inserting in its stead the symbol " ; "; (ii) inserting after provision (xiv) the following provisions:- " (xv) shops that are art galleries; (xvi) shops of a class of shop declared by the Governor in Council,. by Order in Council, to be an exempted shop; (xvii) shops, other than the exempted shops hereinbefore in this subsection specified or declared pursuant to this subsection to be exempted shops, wherein only goods that are prescribed to be exempted goods are stocked or sold."; (iii) omitting all words comprising the proviso; (b) inserting after subsection (1) the following subsection:- (I A) In respect of- (a) the stocking or sale in any exempted shop specified in provisions (i) to (xvi) both inclusive of subsection (1) of goods other than goods that are prescribed to be exempted goods; or (b) the sale by wholesale in any exempted shop of goods that are prescribed to be exempted goods, the provisions of this Part shall apply to such a shop and a reference in this Part to an exempted shop shall not include such a shop.". 17. 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 goods, being leather goods, shoes or textile goods, unless a trade description that complies in every respect with the requirements prescribed by the regulations in relation to a trade description to be applied to those goods is applied thereto in the manner prescribed.". 18. Repeal of and new s. 76. The Principal Act is amended by repealing section 76 and. inserting in its stead the following section:- " 76. Special provisions relating to shoes. (1) The provisions of this section are in addition to and not in substitution for or in derogation of any other provision of this Act.

Factories and Shops Act Amendment Act 1973, No. 40 419 (2) A person who manufactures for sale any shoes shall apply thereto in the manner prescribed a trade description that complies in every respect with the requirements prescribed by the regulations in relation to a trade description to be applied to those shoes. (3) A person who manufactures for sale or sells any shoes the soles of which consist of. leather having an admixture of any weighting substance specified in the regulations is guilty of an offence against this Act. (4) A tanner or other person who manufactures or sells or supplies or keeps for use in Queensland any leather that has an admixture of any weighting substance specified in the regulations and that is intended for use in the making of soles for shoes shall be guilty of an offence against this Act. (5) In a prosecution for an offence defined in any provision of this section it shall be deemed until the contrary is proved that a person who manufactures shoes manufactures them for sale.". 19. New s. 76A. The Principal Act is amended by inserting after section 76 the following section:- " 76A. S7 1 1wovisi €€ relating t o textile g s. (1) The provisions of this section are in addition to and not in substitution for or derogation of any other provision of this Act. (2) 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 the regulations relating to the description of artificial fibres in trade descriptions for textile goods, the specification of that fibre shall 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 the regulations relating to the description of artificial fibres in trade descriptions for textile goods, the specification of that fibre shall consist of or include the words " artificial fibre " or the words " man-made fibre ". (3) 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 shalt 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. (4) 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.".

420 Factories and Shops Act Amendment Act 1973, No. 40 20. at of s. 77. Section 77 of the Principal Act is amended by, in subsections (1) and (2), omitting the words " leather goods, or textile goods " wherever they occur and inserting in their stead in each case the words " goods being leather goods, shoes or textile goods " . 21. Amendment of s. 78. Section 78 of the Principal Act is amended by, (a) in subsection (1), omitting the words " leather goods, or textile goods " wherever they occur and inserting in their stead in each case the words " goods being leather goods, shoes or textile goods "; (b) in subsection (2), inserting after the words " leather goods, " the word " shoes ". 22. Repeal of s. 78A. The Principal Act is amended by repealing section 78A. 23. Am endment of s. 79. Section 79 of the Principal Act is amended by, in subsection (2), inserting after the words " leather goods," the word " shoes ". 24. Amendment of s. 80 . Section 80 of the Principal Act is amended by, (a) inserting after the words " leather goods," where they occur in the general words preceding paragraph (a) of subsection (2), the word shoes "; (b) omitting the words " boots or " wherever they occur in subsections (2), (3) and (4). 25. Amendment of s. 82 . Section 82 of the Principal Act is amended by inserting after the words " leather goods," wherever they occur the word " shoes ". 26. Am en dm ent of s. 83. Section 83 of the Principal Act is amended by, (a) inserting after the words " leather goods," the word " shoes "; (b) omitting provision (a) and inserting in its stead the following provision:- (a) the form and the manner in which the trade description shall be applied to shoes or to prescribed parts thereof;"; (c) omitting the words " boots and " wherever they occur in provisions (b) and (c); (d) omitting from provision (d) the word " specified " and inserting in its stead the word " prescribed "; (e) omitting the word " and " where it occurs between provisions (g) and (h); (f) adding after the proviso to provision (h) the following symbol and provision:- " (i) the form and the manner in which the trade description shall be applied to leather goods or to prescribed portions thereof.".

Factories and Shops Act Amendment Act 1973, No. 40 421 27. A_ _ ° E "s. N . Section 88 of the Principal Act is amended by, in subsection (1), (a) inserting after the word " occupier," wherever it occurs the word " constructor "; (b) inserting before the word " place " where it secondly occurs the word " other ". 28. Amendment of s. 89. Section 89 of the Principal Act is amended by, in subsection (1), omitting the expression " building or place " wherever it occurs and inserting in its stead in each case the expression " building or other place ". 29. "_ ( ' e, s of s. 93. Section 93 of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- " (2) Without limiting the provisions of subsection (1), in every case where by or under this Act any requirement or obligation is imposed on or any provision is required to be observed by the occupier, constructor or owner thereof in respect of any factory or shop, or in respect of any building or place in relation to which an Order in Council made under section 37 is in force, or in respect of the treatment of persons employed therein or otherwise howsoever, the occupier, constructor or owner according as he is required by this Act, or if this Act does not specify which person, then the occupier, constructor or owner according as directed by an inspector, shall cause the requirement, obligation or provision to be complied with or observed and if the same be not complied with or observed the occupier, constructor or owner shall, as prescribed by this subsection, be guilty of an offence against this Act and shall be liable accordingly.". Amendment of s. 95. Section 95 of the Principal Act is amended by 3, (a) omitting the words " in rebuttal thereof " wherever they occur and inserting in their stead in each case the words " to the contrary "; (b) in subsection (1), (i) inserting after the word " occupier " where it occurs in paragraph (vi) the word ", constructor "; (ii) omitting the expression " building or place " where it occurs in paragraphs (v), (vi) and (vii) and inserting in its stead in each case the expression " building or other place "; (c) adding to subsection (1), after paragraph (x) the following paragraphs :- " (xi) a document purporting to be signed by an inspector and stating that at a specified time an application for the renewal of registration of a place as a factory or a shop (as required by section 20) was or was not made in respect of a place specified in the document in such manner as reasonably permits of identification shall, upon its production in evidence, be

422 Factories and Shops Act Amendment Act 1973, No. 40 evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter; (xii) a document purporting to be signed by an inspector and stating that at a specified time a notice in writing of the vacating of a factory or a shop or of a business carried on at a factory or shop ( as required by section 22) was or was not lodged in respect of a place or , as the case may be, a business specified in the document in such manner as reasonably permits of identification shall, upon its production in evidence, be evidence . of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter; (xiii) a document purporting to be signed by an inspector and stating that at a specified time, in respect of a place specified in the document in such manner as reasonably permits of identification, a person named in the document is or was the holder of the certificate of registration of the place as a factory or a shop shall, upon its production in evidence, be evidence of the matter contained in the document and in the absence of evidence to the contrary shall be conclusive evidence of such matter.". 31. Amendment of s. 97. Section 97 of the Principal Act is amended by, (a) numbering as subsection ( 1) the provisions commencing with the words " The Governor in Council " and concluding with the words " as the case may be " where they occur at the end of provision (ix); (b) in subsection ( 1), omitting provision ( viii ) and inser t ing in its stead the following provision:- (viii) Exe m ption . Without limiting the provisions of section 8, (A) providing for the exemption of factories and shops ( either singly or by reference to a specified class of factory or shop according to kind, situation or otherwise as prescribed); or (B) authorizing a prescribed person to exempt , as that person specifies , factories and shops, from all or any of the provisions of the regulations and rules either absolutely or subject to prescribed conditions or, where the exemption is granted by a prescribed person, as that person specifies. (c) in subsection ( 2), omitting the expression " buildings or places" wherever it occurs and inserting in its stead in each case the expression " buildings or other places "; (d) adding the following subsection:- "(3) The regulations and rules may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations or rules.".

Factories and Shops Act Amendment Act 1973, No. 40 423 32. of Second _L _ ' Principal Act is amended by, The Second Schedule to the (a) in clam,. 1, inserting after the words " rest rooms,", where they occur in provision (vi), the words " tool lock-ups "; (b) in clause 8, inserting after the words "also on" the word 44 constructors,".