Factories and Shops Act Amendment Act 1975 (Qld)

518 w1tcrilgfakt1r ANNO VICESIMO QUARTO ELIZABETHA E SECUND AE REGINAE To. 45 of .1975 An Act to amend the Factories and Shops Act 1960-1973 in certain particulars [ASSENTED TO 9TH OCTOBER, 1975] 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 1975. (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 1960-1975. " 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting after the heading "PART IX-MARKING OF FURNITURE (ss. 65-73);" the heading " PART IXA-SALE OF MOTOR FUEL (ss. 73A-73F);".

Factories and Shops Act Amendment Act 1975, No. 45 519 4. Amendment of s. 5. Section 5. of the Principal Act is amended by- (a) inserting after the definition "Advertisement " the following definition:- "AApppprroovveedd association "-A body corporate or unincorporate established and maintained for the benefit of members thereof who are the holders of licenses to hire within the meaning of the State Transport Act1960-1972;"; (b) inserting after the definition " Industrial magistrate " the following definition:- " " Industrial pump "-A pump, container or contrivance connected to a bulk tank of any capacity and installed at or in the vicinity of any place for the supply of motor fuel to the occupier for his use or for the sale thereof to employees of the occupier: The term includes any sucif pump, container or contrivance from which motor fuel is sold by or on behalf of an approved association in respect of a motor vehicle owned or operated by or on behalf of a member of that association;"; (c) inserting after the definition "Minister" the following definition:- " Motor fuel "-The substance commonly known as motor spirit and any other substance capable of being used as fuel for an internal combustion engine or a compression engine: The term does not include the substances commonly known as distillate and dieseline;". 5. New Part M. The Principal Act is amended by inserting after section 73 the following heading and sections:- " PART IXA-SALE OF MOTOR FUEL 73A. Restrictions on sale . (1) A person shall not sell motor fuel by retail from any shop unless there is in force at the material time in respect of that shop a permit issued pursuant to this Part. (2) For the purposes of this section a sale by retail does not include a sale- (a) by or on behalf of a person to' his employee in respect of a motor vehicle registered under the Main Roads Act 1920-1972 in the name of that employee; (b) in a quantity of 200 litres or more; (c) from an industrial pump owned or operated by an approved association to a member thereof in respect of a motor vehicle the subject of a license to hire within the meaning of the State Transport Act1960-1972,- (d) of a prescribed class or kind, but includes a sale of any class or kind by means of a coin-operated self-service pump. 73B. Permits. (1) The Chief Inspector may grant and issue permits to which this Part applies. (2) (a) An application for a permit- (i) shall be made to the Chief Inspector; (ii) shall be in the prescribed form;

520 Factories and Shops Act Amendment Act 1975, No. 45 (iii) shall specify by a sufficient description the shop at or in which the applicant carries on or intends to carry on business; (iv) shall contain such other particulars as are prescribed; (v) shall be accompanied by the prescribed fee. (b) The Chief Inspector shall consider each application having regard to such matters as are prescribed and may approve or refuse it. (c) Where an application is approved, the Chief Inspector shall grant and issue a permit in respect thereof. (3) A permit to which this Part applies- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period; (d) shall be subject to such terms, conditions or restrictions as are prescribed; (e) may be renewed. (4) A person shall not contravene or fail to comply with a term, condition or restriction to which a permit issued under this Part is subject. 73C. Cancellation of permit . (1) The Chief Inspector may cancel a permit granted and issued pursuant to this Part if- (a) the permit was issued in error or granted in consequence of any false or fraudulent document, statement or representation; (b) the holder of the permit- (i) is convicted of an offence against this Act; (ii) contravenes or fails to comply with a term, condition or restriction thereof; (iii) ceases to exercise the authority thereby conferred on him; or (c) the Chief Inspector is of opinion that, by reason of the manner in which the holder of the permit conducts himself in the exercise of the authority thereby conferred on him or by reason of any other fact or circumstance, the holder is not a fit and proper person to hold the permit. (2) The Chief Inspector shall give to the holder of a permit notice of the cancellation thereof and the holder shall within seven days after receipt of that notice deliver up the permit to the Chief Inspector. 73D. Penalties for offences . A person who commits an offence against this Part is liable- (a) for a first offence, to a penalty of $200; (b) for a second or subsequent offence, to a penalty of $1 000.

Factories and Shops Act Amendment Act 1975, No. 45 521 73E. Appeal from decision of Chief Inspector . (1) A person aggrieved by- (a) the refusal by the Chief Inspector of an application for a permit under this Part or any renewal thereof; (b) the cancellation by the Chief Inspector of a permit under this Part, may appeal therefrom to an industrial magistrate who shall have jurisdiction to hear and determine the appeal. (2) An appeal under this section shall be instituted within 30 days after notification of the refusal or cancellation to the person aggrieved and no later by filing with the clerk of the court a notice of appeal stating briefly and clearly the grounds of appeal. Procedure on the appeal shall be as prescribed. 73F. Determination of appeal . (1) By way of determining the appeal, the industrial magistrate may confirm or set aside the decision of the Chief Inspector in issue and may make any determination and order that the Chief Inspector could properly have made- under this Part with respect to the matter in question and may make such order as to costs as he thinks fit. (2) Either party to the proceedings before the industrial magistrate may appeal from his decision to the Industrial Court and all proceedings upon that appeal shall be as prescribed by Rules of that Court.". 18