Factories and Shops Act Amendment Act 1975 (WA)

WESTERN AUSTRALIA.

FACTORIES AND SHOPS.

No. 5 of 1975.

AN ACT to amend the Factories and Shops Act,

1963-1974.

[Assented to 9th May, 1975.]

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 be cited as the Factories and Short title and

Shops Act Amendment Act, 1975. citation.

(2) In this Act the Factories and Shops Act, ?se it:vde

1963-1974 is referred to as the principal Act. for reprint 23rd May, 1969 and

(3) The principal Act as amended by this Act ttP,Angd

may be cited as the Factories and Shops Act, 1963- 970.65 and

1975.   94 of 1972,

and 51

of 1974.

No. 5.] Factories and Shops. [1975.

Commen-

(1) Subject to subsection (2) of this section the provisions of this Act shall come into operation on the date on which this Act receives the Royal Assent.

cement. 2.

(2) The provisions of sections 4 and 7 of this Act shall come into operation on such date or dates as is or are, respectively, fixed by proclamation.

Section 5

amended. 3. Section 5 of the principal Act is amended

(a) by deleting the interpretation "the Secret- ary for Labour" in subsection (1), and substituting an interpretation as follows

"the Under Secretary for Labour and Industry" means the permanent head of the department of the Public Service of the State principally responsible for assisting the Minister in the administration of this Act; ; and

(b) by adding after subsection (3) a subsection as follows

(4) A reference, however expressed, in any other Act or in any regulation, notice, proclamation, or statutory instrument of any kind made, published or in force under this or any other Act to the Secretary for Labour shall, unless the context requires otherwise, be read and construed as a reference to the Under Secretary for Labour and Industry as defined in subsection (1) of this section. .

Section 12	4. Subsection (1) of section 12 of the principal
amended.

Act is amended

(a) by substituting for the words "The Governor may" in line one, the words "There shall be appointed";

1975.] Factories and Shops. [No. 5.

(b)	by deleting the word "appoint" in line three; and
(c)	by substituting for the words "he considers" in line four, the word "are".

5. Section 45 of the principal Act is amended by =0:15

deleting the words "the person for the time being holding the office of Assistant Secretary for Labour" in lines two, three and four of subsection (5), and substituting the words "an officer of the Department of which he is the permanent head".

6. The heading to Division III of Part IX of the no°in to

principal Act is amended by substituting for the Lagniad

words "and Shop Assistants" the passage ", Shop

Assistants and Warehouses".

7. Section 98 of the principal Act is amended by =dner.

repealing subsection (2) and re-enacting that sub-

section as follows

(2) The provisions of section sixty-three apply to and in relation to shops and the provisions of sections sixty-four and sixty-five apply to and in relation to accidents occurring in shops and warehouses and, for those respective purposes,

(a)	any reference in section sixty-three to a factory shall be construed as includ- ing a reference to a shop; and
(b)	any reference in section sixty-four or sixty-five to a factory shall be construed as including a reference to a shop and a warehouse. .

8. Section 121 of the principal Act is amended =',Ine

by substituting for the words "appointed under this Act" in lines three and four of paragraph (d) of subsection (1), the words "referred to in subsection (1) of section twelve".

No. 5.] Factories and Shops. [1975.

Ml isce

l a neou -s 9. The principal Act is amended by substituting amendments. for the words "Secretary for Labour" the words

"Under Secretary for Labour and Industry" in each

case set out in the Schedule to this Act.

SCHEDULE.

Provision Amended.	Line Number
Section 11	Line 3.
Section 14	Lines 3 and 4.
Section 16 (1) (h)	Lines 1 and 2.
Section 20 (1)	Line 2.
Section 20 (2)	Line 2.
Section 45 (2) (a)	Lines 2 and 3.
Section 46 (4)	Line 3.
Section 83 (2) (a)	Lines 2 and 3.