Factories and Shops Act Amendment Act of 1963 (Qld)

60 (QuanzIank ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1963 An Act to Amend " The Factories and Shops Act of 1960," in certain particulars [ASSENTED TO 3RD DECEMBER, 1963] 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. (1) Short title . This Act may be cited as " The Factories and Shops Act Amendment Act of 1963." (2) Principal Act. " The Factories and Shops Act of 1960," is in this Act referred to as the Principal Act. (3) Collective Title. The Principal Act and this Act may be collectively cited as " The Factories and Shops Acts, 1960 to 1963." 2. Amendment of s. 63. Section sixty-three of the Principal Act is amended by adding the following subsection:- " (4) In respect of any agreement mentioned in subsection (1) of this section- (a) the term "occupier" shall be limited in its meaning to the person in actual occupation of any exempted shop in question or, where there are two or more such persons, the one of them nominated in writing by them; and

Factories and Shops Act Amendment Act of 1963, No. 14 61 (b) such term shall not include- (i) any person employed (whether by the person in actual occupation or by any other person) in, or in connection with the business carried on in, the exempted shop in question; or (ii) any person other than the person in actual occupation of the exempted shop in question, acting or apparently acting (and whether as agent, manager, foreman or otherwise howsoever) in the general management or control of the business carried on in such exempted shop. Notwithstanding that a person is, pursuant to this subsection, the occupier of two or more exempted shops, such person shall have one vote only in any ballot or meeting held to determine any matters whereon he and the occupiers of other exempted shops may agree under subsection (1) of this section. A nomination referred to in this subsection shall, notwithstanding that the two or more persons making the nomination are in actual occupation of more exempted shops than one, be made of the one and the same person in respect of all of those exempted shops. Where pursuant to the foregoing provisions of this subsection, any person votes in any ballot or meeting by virtue of being the nominee of two or more persons who are the occupiers of any exempted shop then neither such nominee nor any other person whose nominee he is shall vote in such ballot or meeting in - respect of any other exempted shop."