Factories and Shops Act Amendment Act 1985 (Qld)

1350 Q uccn5hinb ANNO TRICESIN1O QUARTO ELIZABETHAE SECUNDAE REGINAE No. 86 of 1985 An Act to amend the Factories and Shops Act 1960-1983 in certain particulars [ASSENTED TO 9TH DECEMBER, 1985]

Factories and Shops Act Amendment Act 1985, No. 86 1351 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 1985. (2) The Factories and Shops Act 1960-1983 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 1960-1985. 2. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) inserting after the definition "Australia" the following definition:- "Authorised replacement ", in relation to a small shop, means a person who is engaged in the conduct of a business in the stead of a person who- (a) is, as a consequence of illness or accident, incapable of actively engaging in the conduct of the business; or (b) in any other case, is absent from the business for a period not exceeding two months:"; (b) omitting the definition "Small shop" and substituting the following definition:- "Small shop" means a shop, other than an office, in which, in respect of the business carried on therein- (a) not more than four persons are engaged in the business; (b) where only one person is so engaged, that person is the owner of the business or an authorised replacement for that person; (c) where two persons are so engaged- (i) one of those persons is the owner or a joint owner of the business or an authorised replacement for that person; and (ii) the other of those persons is either a joint owner of the business or an authorised replacement for that person or an employee; (d) where more than two persons are so engaged- (i) one of those persons is the owner or a joint owner of

13 52 Factories and Shops A ct Amendment Act 1985, No. 86 the business or an authorised replacement for that person; and (ii) in respect of the remaining persons- either (A) one of those persons is a joint owner of the business or an authorised replacement for that person; and (B) the other person or persons are employees; or (C) all of those persons are employees; (e) a person so engaged, other than an employee, is not also engaged in any way in any other retail business; (f) employees so engaged work only during the lawful trading hours of the business; (g) goods are sold by retail only; (h) only the following goods are sold:- (i) groceries; (ii) the lines prescribed for the time being by Regulation 31 or a Regulation amending or substituted for that Regulation; (iii) boot and shoe laces, bias binding, bottle and can openers, braid, brushes (excluding paint brushes exceeding 55 millimetres wide ), buttons, cleaning and washing sponges , clip fasteners , combs , crochet hooks, dish cloths , feather and woollen dusters , elastic , hooks and eyes, kerosene ( in quantity not exceeding two litres), knitting needles , mineral turpentine in bottles, paint (in tins not exceeding 150 milli - litres ), pins , pot cleaners, press studs, primus prickers , sewing cotton , sewing needles , steel wool, tape, thimbles , washing mops, white spirits and zips.".