Factories and Shops Act of 1960 (9 Eliz Ii No. 41) (Qld)

258 (@umtshmfr ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 41. An Act to make Further Provision lor the Supervision and Regulation In Queensland of Factories and of Shops; and for other purposes. [A ssented to 16 th D ecember , I960.] B E it enacted by the Queen’s Most Excellent Majesty, # by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.—P reliminary . Short title., 1. (1.) This Act may be cited as “ The Factories and Shops Act of 1960.” Cmoemntmoefncteh* i *( 2 .) Except as herein otherwise provided, this Act Act. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. ♦Commenced 2 May 1961. (Proc. pubd. Gaz. 29 April 1961, p. 2320.)

1960. Factories and Shops Act. 259 2. This Act, including every Proclamation, Order in QSe. vAercat,b 8 i . li 1 t a y. . Council, regulation, and rule made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such Proclamation, Order in Council, regulation, or rule would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 3- This Act is divided into Parts, as follows :— PAacrt.ts of this P art I.—P reliminary ( ss . 1-8); Q. Act, s. 2. P art II.—A dministration ( ss . 9-14); Abbrevia­ P art III.—R egistration ( ss . 15-28); tion : Q. Act— P artan IV d .— S h R oepsco ( rsds . s 2 a 9 n - d 35N); otices in F actories St “ ohrToiehpsesaAFndcatc­ of P art V.—S afety , H ealth , and W elfare ( ss . V19ic0. 0N” o. (6248) 36-38); as subse­ P art VI.—T he F actories and S hops H ealth aqmueenntdlyed. W elfare and S afety B oard ( ss . 39-42) ; P art VII.—E mployment of C hildren , Y oung P ersons and O thers —C ertificates , & c . (ss. 43-59); P art VIII.—H ours of B usiness in S hops (ss. 60-64); P art IX.—M arking of F urniture ( ss . 65-73); P art X.—T rade D escriptions ( ss . 74-83); P art XI.—M iscellaneous ( ss . 84-98); S chedules * 4. The Acts specified in the First Schedule to this Repeals and Act (hereinafter in this Act referred to as “ the repealed Acts ”) are repealed to the extent in that Schedule indicated: Provided that, but without limiting the operjation of “ The Acts Interpretation Acts, 1954 to 1959 j- (i.) unless herein otherwise expressly provided, every Proclamation, Order in Council, rule, regulation, registration, order, notice, permit.

260 Factories and Shops Act. 9 E liz . II. No. 41, request, requirement, mark, agreement or modification thereof with respect to the half-holiday or hours during which exempted shops are required to close, or other act of authority made, issued, given or done under the repealed Acts and in force immediately prior to the commencement of this Act, shall, subject as hereinafter provided, continue in force for the purposes of this Act until it expires by effluxion of time or is repealed, amended or otherwise modified, revoked, cancelled, or suspended under this Act: Provided that every such Proclamation, Order in Council, rule, regulation, registration, order, notice, permit, request, requirement, mark, agreement or modification thereof, and other act of authority shall be read and construed subject to this Act; (ii.) all penalties and forfeitures imposed under the repealed Acts and not recovered prior to the commencement of this Act may be enforced and applied as if this Act had not come into operation ; (iii.) all actions and proceedings of whatever nature commenced or pending immediately prior to the commencement of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not come into Operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by any thing in this Act contained; (iv.) all inspectors and all other officers appointed under the repealed Acts and in office immediately prior to the commencement of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act.

1960. Factories and Shops Act. 261 5. (1.) In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shall have the q ^J. „ 4 meanings respectively assigned to them, that is to ' ’ " * say “ Advertisement ”—In relation to any leather Advertise- goods or other goods, any method of Q^‘t advertising or conveying information or 47 b . ' ’ making any claim with respect to the leather goods or other goods, whether orally or by writing or pictorially or otherwise, including by any circular, catalogue, leaflet, pamphlet, or other document, and by any public announcement made orally or by writing or by means of producing or transmitting light or sound : And the term “ advertising Advertising matter ” when used in relation to any leather matter- goods or other goods includes any advertisement, and any matter whatsoever containing or in the nature of an advertisement; “ Articles ”—Includes anything which is the Articles, subject of trade, manufacture, or merchandise; “ Australia”—Includes any territory of the_Austraiia. Commonwealth, within the meaning of the ^7BAot*a ActsInterpretationAct1901-1957 of the Commonwealth (including any Commonwealth Act in amendment thereof or in substitution therefor); “ Award ”—Award or industrial agreement within Award, the meaning of “ The Industrial Conciliation and Arbitration Acts, 1932 to 1959,” in force at any material time and whether made before, on, or after the commencement of this Act; “ Bakehouse ”—Any building, premises, or other place whatsoever in which any bread, biscuits, cakes, pastry, confectionery, or other foodstuffs of any kind are made, baked, or cooked for sale or trade or gain, and includes any room or other place used in connection with a bakehouse for there storing any! such foodstuffs when made, baked, or cooked, or prior to the making, baking, or cooking 0 ’ ’

262 Chief Inspector. Child. Q. Act, s. 4. Closed. Q. Act, s. 4. Closing time. Day. Employee. Q. Act, s. 4. Factories and Shops Act. 9 E liz . II. No. 41, thereof or for there storing any material to be used for the making, baking, or cooking thereof; “ Chief Inspector ”—The Chief Inspector of Factories and Shops appointed or deemed to be appointed under and for the purposes of this Act: The term includes any person who for the time being occupies the office or performs the duties of the Chief Inspector ; “Child”—A person of school age or younger; “ Closed ”—In relation to a shop, closed by being locked or otherwise secured to the complete exclusion of the public for the remainder of the day and, in relation to a pump for supplying any fuel for use as such for operating any motor vehicle, rendered inoperative by locking the delivery hose to the body of the pump and removing the key from such lock; “ Closing time In relation to any shop, other than an exempted shop, the time at which the shop is required, under the provisions of “ The Industrial Conciliation and Arbitration Acts , 1932 to 1959,” or any award, to be closed for business on any day and, in relation to any exempted shop the time at which the exempted shop is required under the provisions of any agreement under Part VIII. of this Act to be closed for business on any day; “ Day ’’—The period of twenty-four hours between twelve midnight and twelve midnight; ** Employee ”—In relation to any factory or shop or other place, every person employed in, or in connection with the business of, the factory or shop or other place, whether for wages or not, at any kind of work whatsoever ; and every reference in this Act to an employee or employees shall, unless the context otherwise indicates or requires, be read as a reference in relation to the factory or shop or . other place, as the case may be .mentioned in that reference;

1960. Factories and Shops Act. 263 “Factory”— Factory. J , , Q. Act, 8.4. (i.) every building, premises, or other place whatsoever in which— (а) two or more persons, including the occupier, are engaged in a manufacturing process ; or ( б ) steam, water, mechanical, or any other power is used in or in aid of a manufacturing process or in packing goods for transport; or (c) electricity is generated or transformed for the supply of heat, light, or power ; or (ii.) every bakehouse, cafe, or other place whatsoever where food or drink for human consumption is prepared or manufactured for sale or trade or gain; or (iii.) every laundry in which two or more persons, including the occupier, are engaged or employed, or in which mechanical power is used, and in which laundry work is performed for hire or reward or gain otherwise, or which is carried on as ancillary to another business ; or (iv.) every boat-building yard, ship-building yard, dock, dockyard, ship-repairing yard, or other place in which any ship or boat is constructed, reconstructed, repaired, fitted, refitted, or finished, or broken up; or (v.) every shearing shed, woolscour, or boiling down works. The term does not include any prison, or any industrial or reformatory school, or any prison or reformatory farm. Without limiting the meaning of the term, a factory may be in the open air or comprise a building or part of a building which is only partly constructed or under construction. . Where the operations of a factory are carried on in several adjacent buildings, adjacent enclosures, or Other adjacent places, all of them shall be included as one and the

264 False trade description. Q. Act, s. 47 b . Furniture. Q. Act, s. 4. Half­ holiday. Q. Act, s. 4. Industrial magistrate. Q. Act, 8. 4. Inspector. Q. Act, s. 4. Factories and Shops Act . 9 E mz . II. No. 41, same factory, notwithstanding they may in fact be separated or intersected by a road, street, stream, building, enclosure, space, or other place not forming part of the factory; “ False trade description ”—As regards leather goods or other goods to which it is applied, a trade description which by reason of anything contained therein or omitted therefrom is false or likely to mislead in a material respect as regards the leather goods or other goods, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise howsoever, which makes the trade description false, or likely to mislead in a material respect; “ Furniture ”—Articles of which wood, wicker, cane, pith-cane, bamboo, seagrass, reedtex, metal, or any substitute for any of these materials forms a part and such as are usually made or assembled by cabinet-makers, assemblers, wood-carvers, wood-turners, chair, seat, couch, and frame workers, upholsterers, polishers, wood-working machinists, sawyers, mattress and wire-mattress makers and wicker, cane, pith-cane, bamboo, and seagrass workers: The term includes radio sets, radiograms, television sets, refrigerators, pianos, organs, billiard tables, and any other articles of a like description ; “ Half-holiday ”—The period after one o’clock in the afternoon of Saturday or, in any Local Authority Area in which employees in shops are entitled to a weekly half or part holiday on a day other than Saturday or Sunday, such day; “ Industrial magistrate ”—Any person appointed by or under “ The Industrial Conciliation and Arbitration Acts , 1932 to 1959,” to be, Or to act temporarily in the office of, an industrial magistrate; “ Inspector ”—The Chief Inspector or any other inspector appointed or deemed to be appointed under and for the purposes of this Act including an inspector appointed

1960. Factories and Shops Act. 265 under subsection three of section ten of this Act*: The term also includes an acting Chief Inspector and any acting inspector ; “ Leaatnhdersigmooildasr ”— traTvreulnkgso, okdist; baagtst, acshueit ccaasseess, , LgQoe. oaAdthsc. etr, s. school bags, hat cases, ladies’ handbags, 47 b . shopping bags, purses, wallets, and pouches ; document cases, folio cases, and similar articles; musical instrument cases, wireless cases, and gramophone cases ; razor strops ; footballs, punching balls, boxing gloves, cricket gear and golf bags, and similar sporting goods; men’s belts; leather gloves; bicycle saddles; and such other articles, whether of the same kind as the articles before enumerated or not, as may be specified by the regulations for the purposes hereof; where the greater part of the area of the outside is composed of— (i.) leather or a material resembling leather in texture or appearance ; or (ii.) fibre or vulcanite or a material resembling fibre or vulcanite in texture or appearance ; or (iii.) plastic. Any and every individual article as aforesaid is included in the term leather goods, but the term shall not include any'such article the total outside area measurement whereof is less than twenty-four square inches, or any straps; “Local Authority”—A Local Authority Local constituted under “ The Local Government AQu. tAhcotr,it8y. . 4. Acts , 1936 to 1959 ” : The term includes any Joint Local Authority, Brisbane City Council constituted under “ The City of Brisbane Acts , 1924 to 1959,” and any corporation constituted under any Act where pursuant to any Act that corporation is a Local Authority; “ Local Authority Area ” —The area in which, Local for the p^ urp^ oses of exercising its ]>owers, AAruetah.ority functions, and authorities and performing its duties, any Local Authority has jurisdiction;

266 Manufao* turing process. Medical practitioner. Minister. Q. Act, s. 4, Occupier. Q. Act, s. 4. Office. Opening time. Factories and Shops Act. 9 E liz . II. No. 41, “ Manufacturing process ’’—Any handicraft or process in or incidental to the making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, or adapting of any goods or of any other articles or of any part thereof for trade or sale or gain or as ancillary to any business; “ Medical practitioner ”—Medical practitioner within the meaning of “ The Medical Acts, 1939 to 1958 ” ; “ Minister ”—The Minister for Labour and Industry or other Minister of the Crown charged for the time being with the administration of this Act; “ Occupier In relation to any factory or shop or other place whatsoever, includes every person (whether employing any other person or not) in actual occupation of the factory or shop or other place, any person employing any person in, or in connection with the business carried on in, the factory or shop or other place, and any agent, manager, foreman, or other person whomsoever acting or apparently acting in the general managemerft or control of the business carried on in the factory or shop or other place ; “ Office ’’—Any building or other place whatsoever or any part thereof in which one or more persons are employed, directly or indirectly, to do any clerical work: The term includes the rooms occupied by draftsmen, architects, dentists, doctors, optometrists, or in which any other work of a professional nature is carried on; “ Opening time ”—In relation to any shop, other than an exempted shop, the time at which the shop may, under the provisions of “ The Industrial Conciliation and Arbitration Acts , 1932 to, 1959,” or any award,, be lawfully opened for business on any day and, in relation to any exempted shop, the time at

1960. Factories and Shops Act. 267 which the exempted shop may, under the provisions of any agreement under Part VIII. of this Act, be lawfully opened for business on any day; “ Owner ”—In relation to a factory or shop or any other place the owner, whether jomtly or severally: The term includes a mortgagee in possession or a lessee; . “ Part ”—Part of this Act, including, where Part necessary, Orders in Council, regulations, and rules, if any, continued in force by* or made under, this Act for the purposes of the Part in question; “Place”—Any— (a) land, whether improved or unimproved, or enclosed or unenclosed ; or (b) building or structure on or in any land, and whether completely or partly erected or constructed, or in the course of being erected or constructed ; or (c) room in any building or structure ; or (d) road or street or bridge or other structure on, in, over or under a road or street, and, without limit to the generality of the foregoing provisions of this definition, any factory or shop ; “School age”—Years of age prescribed for School age the time being by “ The State Education Acts, 1875 to 1957,” for the compulsory attendance, where no valid excuse exists, of children at State schools or Provisional schools ; “ Schthoeol- llaesatvimngomageent” — ofInhisreslacthiooonl taogaen;y person, lS Q eca . hv A . in c o t i g - , a s g . e “ Sell ”—Includes offer or attempt to sell, supply Soil, or receive for sale, have in possession for sale, ^7'BAot'8- exhibit or expose for sale, send or forward or deliver for sale or on sale, or cause or suffer or allow to be sold, offered for sale, exhibited or exposed for sale, or sent or

268 Shop. Q. Aot, 8. 4. Shop assistant. Factories and Shops Act . 9 E liz . II. N o . 41, forwarded or delivered for sale or on sale, or exhibit or expose or have in possession for any purpose of advertisement or trade or gain; “ Shop (i.) every building, stall, tent, platform, or other place whatsoever, or any portion of a place, or every vehicle, ship, boat, or other vessel, or pack, in or from which any goods or other articles are sold or exposed or offered for sale by retail or wholesale, or in or from which any goods or other articles ordinarily sold in shops are delivered or disposed of or any document or thing indicating or authorising title to such goods or other articles is delivered in pursuance of any agreement, condition, rule, scheme, device, or contrivance whatsoever which results in the property in such goods or other articles passing from one person to another; or (ii.) every place occupied or used by hairdressers or barbers; or (iii.) every office. The term includes any pump, container or contrivance for supplying fuel for use as such for operating any motor vehicle. The term does not include the sample room of any commercial traveller. Without limiting the meaning of the term, a shop may be in the open air or comprise a building or part of a building which is only partly constructed or under construction; “ Shop assistant ”—Includes— (i.) a person employed in or about a shop, whether for hire or reward or not, in selling or supplying, or assisting in selling or supplying, articles to the public or as a messenger; and (ii.) a person engaged in delivering articles from a shop;

1960. Factories and Shops Act 269 “ Trade description ”—In relation to any leather Trade goods or other goods, any description, q ^ a ^T1' statement, indication, or suggestion, direct « b . ’ * or indirect, as to— (i.) the nature, number, quantity, quality, purity, class, grade, measure, gauge, size, or weight, of the goods ; or (ii.) the State, country, or place in or at which the goods, or any portions or constituents thereof, were made or produced; or (iii.) the manufacturer or producer of the goods or the person by whom they were selected, packed, graded, or in any way prepared for the market; or (iv.) the mode of manufacturing, producing, selecting, packing, grading, or otherwise preparing the goods ; or (v.) the material or ingredients of which the goods are composed or from which they are derived; or (vi.) the goods being the subject of an existing patent, privilege, or copyright, and includes the use of any figure, word, trade name, trade style, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters ; “ Week ”—The period of time between midnight Week. on a Saturday night and midnight On the Aot>8* ** Saturday night next following ; “ Year ”—The period of time from and including Year. the first day of January in any year to and <5-Aot>8-4- including the thirty-first day of December next following; “ Young person ”—A person of an age between Young “CSS his school-leaving age (where that under sixteen years) and the age of sixteen a 4. years : The term includes a child lawfully employed under Part VII. in a factory or shop

270 Factories and Shops Act. 9 E liz . II. No. 41, Reference* (2.) Every reference in this Act to a failure to do any todoanyaotact or thing includes a reference to a refusal or neglect or thing, to do that act or thing. References 6. (1.) References in this Act to “ the inspector ” shall, unless the context otherwise indicates or requires, be read as referring to any inspector for the time being exercising and performing his powers, functions, authorities, and duties under this Act in the part of the State wherein the factory, shop, or other place the subject of the reference is situated. Reference* (2.) References in this Act to any building or other &c hinder88’ Premises whatsoever under construction shall be read as construction, including a building or other premises wholly or partly under construction, re-construction, repair, alteration whether by addition or otherwise howsoever, renovation, or demolition for any purpose as aforesaid. Application of this Act. Application 7. Except where otherwise expressly provided, the ^factories’ provisions of this Act shall apply throughout and shops in Queensland. Queensland. Cf. Q. Act, s. 5. Power of the 8. The Governor in Council may at any time and CounSi°ton from time to time by Order in Council or the regulations exempt from declare that all or any of the provisions of this Act shall q ?Act, ss. 5. not apply, according to such declaration, in respect of any 30 ( 6 ).’ factory or shop or other place specified or all factories or shops or other places comprised in a specified class of factories or shops or other places or situated in a specified part of the State, or to all or any persons, or factories or shops or other places, in the circumstances specified, and may subject such exemption to such circumstances or conditions or circumstances and conditions as he may specify and, notwithstanding anything to the contrary contained in this Act, effect shall be given to every such declaration while the same remains in force according to the tenor thereof. Upon the failure of any of the circumstances or a breach ofany of the conditions to which any suchexemption is subjected the declaration in question shall be and be deemed always to have been void and of no effect.

1960. Factories and Shops Act. 271 . P art II.— A dministration . 9. (1.) This Act shall be administered by the Minister and, subject to the Minister, by the Chief Act. Inspector, other inspectors, and other officers appointed or deemed to be appointed under and for the purposes of this Act. (2.) The cost of the administration of this Act Cost o/ shall be paid out of moneys from time to time tion. *** appropriated by Parliament for the purpose. Q.Act>,s.6. 10. (I.) (a) The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Inspector of Factories and Shops and so many other inspectors and other officers as he deems necessary for the effectual execution of this Act. (6) Any appointment as inspector may, if the Governor in Council deems it so desirable, be made by the appointment to be inspector of the holder for the time being of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties of, that office shall without further appointment or other authority and while he holds or occupies or performs the duties of that office, be an inspector in terms of such appointment, and may hold both his office and such appointment in conjunction. , 6 0,8‘ ' (c) Notification of all or any such appointments may be published in the Gazette. (d) The person appointed under the repealed Acts to and holding immediately prior to the commencement of this Act the office of Chief Inspector of Factories and Shops shall, without further or other appointment, be deemed to be appointed Chief Inspector of Factories and Shops under and for the purposes of this Act, and shall, subject to this Act, continue to hold that office in terms of his appointment under and for the purposes of this Act. (2.) Without prejudicing the power of the Governor Acting in Council to appoint, under subsection one of this section, lnspeotors‘ acting inspectors, the Minister or the Chief Inspector may from time to time by writing or by telegram appoint

272 Factories and Shops Act. 9 E liz . II. No. 41, any person who holds for the time being any office under the Crown in right of this State to act as an inspector and while so acting such officer shall have and may exercise all of the powers, functions, and authorities of an inspector, and for this purpose every reference in this Act to an inspector shall be deemed to include a reference to such an acting inspector. Judicial (3.) Judicial notice shall be taken of every notification*.notification published in the Gazette under this section. Saving of the (4.) Nothing in this section shall prejudice or in omaeo!v. any way affect the application of the provisions of “ The N°‘n!dmettta P*™*0 '®erv*C€ Acts, 1922 to 1968,” to any officer appointed te or deemed to be appointed under and for the purposes of this Act. Certificate of (5.) Every inspector shall as far as practicable be SSff*11*' furnished with a certificate of appointment signed by either the Minister or the Chief Inspector and upon entering any place shall, if required, produce that certificate (unless his appointment has been made by telegram when he shall, if required, produce that telegram) to the occupier of the place. mayactin (®0 Any inspector may exercise and perform his any part «f powers, functions, authorities, and duties under this Act the state. jn any part of the State. inspector* (7.) (a) Every inspector shall perform the duties supervision imposed upon him by this Act under the general of the chief supervision and direction of the Chief Inspector. Inspector. ( b ) Any breach by an inspector of the administrative arrangements provided by this subsection shall be a matter fen* disciplinary action by any person by whom such action may be taken and shall not affect or prejudice the validity of anything done or omitted to be done by the inspector concerned. disclosure of (8.) Except for the purposes of this Act and in the exercise of his functions under this Act or except with q . Act, *. 17 the prior permission of the Minister or except where so ‘ ordered by a court for the purpose of the hearing or determination or trial of any proceeding or action before that court, an inspector or other officer shall not disclose to any person any information which in the exercise of his functions he acquires with respect to any factory or shop or other place.

1960. Factories and Shops Act. 273 11. (1.) In addition to all other powers and authorities conferred upon him by any of the other Q/AetTa. is. provisions of this Act, an inspector may at any time— (i.) enter, inspect, and examine any place used or intended to be used, or which he has reason to believe is used or intended to be used, as a factory or shop, or any part thereof; (ii.) take with , him a medical practitioner or an inspector appointed for the purposes of “ The Health Acts, 1937 to 1959 ” ; (iii.) call to his aid any member of the Police Force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ; (iv.) question with respect to matters under this Act any person whom he finds in or at the place or whom he has reasonable cause to believe to be, or within the preceding two months to have been, an employee of the occupier thereof, and require such person to answer the questions put and to sign a declaration of the truth of those answers, which power of an inspector to question an employee shall include power to question that employee out of the hearing of the employer or of any foreman, manager, or other superior officer whomsoever; (v.) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or of any Act relating to public health are being complied with in every respect in regard to the factory or shop, the occupier, and the employees, if any, of the occupier ; (vi.) require the production of any permit, certificate, or other authority under this Act held or had by any person or alleged by any person to be held or had by him, or of any book, record, list, or other document whatsoever required by this Act to be held or kept by any person, and inspect and

274 Factories and Shops Act. 9 E liz . II. No. 41, examine the same and make copies of and take extracts from the same or of any part thereof or of any entries therein, or do any of these things; (vii.) require any person whom he finds committing or whom he reasonably suspects has committed, an offence against this Act, or whom he is authorised to question for the purposes of this Act, or whose name and address is in his opinion reasonably required for a purpose of this Act, to state his name and address, and, if he has reasonable ground for suspecting that the name or address or name and address as stated is false, require evidence of the correctness thereof; (viii.) subject to subsection eight of section ninety- three of this Act, institute proceedings under this Act; (ix.) exercise all powers and authorities conferred upon an inspector of factories and shops by any other Act, regulation, ordinance, or by-law, as well as such of the powers conferred by any Act, regulation, ordinance, or by-law upon an inspector appointed for the purposes of “ The Health Acts, 1937 to 1959,” or appointed for the purposes of any other Act relating to public health, as the regulations for the time being in force under this Act may specify. Matters (2.) Notwithstanding anything to the contrary in completed this Act, if an inspector has issued any order or given by different any direction or notice or made any request under this inspectors. he or any other inspector who is empowered by this Act to issue, give, or make a like order, direction, notice, or, as the case may be, request, may at any time by direction of the Chief Inspector withdraw or revoke or from time to time vary the order, direction, notice, or request, or take further steps thereon. &c°UtoaHow 12. Every occupier or owner of, or person entitled entry and to the immediate possession of, any factory or shop, (aActlriz an<l every agerd and employee, if any, of any of the ' °,s’ * persons aforementioned, shall furnish to an inspector all reasonable assistance and all such information which

1960. Factories and Shops Act. that occupier, owner, person, agent, or, as the case may be, employee is capable of furnishing as is required by that inspector with respect to the exercise of his powers, functions, and authorities, and the discharge of his duties under this Act. 275 13. A person shall not— Obstructing an inspector, (i.) assault, resist, or impede, delay, or otherwise Q&. cA. ct, s. 13. howsoever obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do ; or (ii.) fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question, or refuse to sign any declaration which he is required by or under this Act to sign; or (iii.) fail to comply in any respect with the lawful request, requirement, direction, or order of an inspector ; or (iv.) when required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or (v.) fail, when so required by an inspector, to produce any permit, certificate, or authority whatsoever held or had by him or alleged by him to be held or had by him under or for the purposes of this Act, or any book, record, list, or other document whatsoever required by this Act to be held or kept by him, or fail to allow upon his so producing the same, the inspector to inspect or examine it or the inspector to make copies of or take extracts from it or of any part thereof or of any entries therein; (vi.) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or

276 Factories and Shops Act. 9 E liz . II. No. 41, (vii.) us© any threat or any abusive or insulting language to any inspector, or to any employee with respect to any inspection or examination or questioning; or (viii.) impersonate an inspector : Provided that no person shall be required under this section or under section eleven or section twelve of this Act to answer any question, or give any information, tending to criminate himself. QrAe. npAnourctta. , ls. 62. prepa1r4e. a(n1d. ) sTuhbemiCt htioefthInespMeicntiosrtershfaolrl tihne epvuerrpyosyeeaorf informing Parliament, an annual report on the administration of this Act. (2.) Such report shall not refer by name to any particular occupier of a factory or shop or to any employee, or be framed so as to readily admit of the identification of any such occupier or any employee, but shall show such particulars of a general nature as the Minister may require. (3.) The Minister may, after the annual report has been presented to Parliament, publish any general statistical information including the occupation, calling, or classification of employees contained in the report or cause any such information to be supplied to any person. P art III.— R egistration . Exemptions from Part 15. In addition to such exemptions from this Part III. as may be declared under section eight of this Act, this Q 11 . . Act, ss. 4, Part shall not apply— (i.) in relation to the sale of any goods or other articles by auction or by hawking; or (ii.) to any office which, apart from the clerical work carried on therein, would not constitute a factory or a shop ; or (iii.) any place which comprises a building or structure which is only partly constructed or under construction and no portion of which is occupied or used as a factory or shop.

1960. Factories and Shops Act. 277 16. (1.) No person shall occupy or use any place Factory or as a factory or shop unless that place is for the timeb^LTdu^ta being duly registered under this Act as a factory or, as registered. the case may be, a shop. J Q. Act, s.7. In this subsection “ duly registered ” means registered by a certificate of registration or renewal of registration which is in force at the time in question and then held by the person occupying or using as a factory or shop the place in question. (2.) The provisions of subsection one of this section Application shall apply— (i.) on and from the commencement of this Act, in those parts of Queensland in which Part II. of the repealed Acts extended and were in force immediately prior to the commencement of this Act; and (ii.) on and from the first day of July, one thousand nine hundred and sixty-one, throughout the remainder of this State. 17. Application for registration or renewal of Application registration under this Act of any place as a factory or tion amT*1^ a shop shall be made in writing in the form prescribed for renewal of the purposes hereof to the inspector by or on behalf of ^g^‘[a*l°7n' the occupier or intending occupier, and shall be W' 0 ’ accompanied by the prescribed fee and, in the case of a new registration, by a plan (and ifand where so prescribed, containing such particulars as are prescribed) of the place used or intended to be used as a factory or a shop. 18. As soon as practicable after the receipt of an Powers of application, made in accordance with this Part, for the registration or renewal of registration under this Act Q?Act%. 7 .’ of any place as a factory or a shop the inspector, after or without an inspection of that place, may— (i.) register or, as the case requires, renew the registration of, in accordance with the mode prescribed therefor, the place as a factory or a shop, as the case may be, and issue to the

278 Factories and Shops Act. 9 Euz. II. No. 41, occupier a certificate of registration or renewal of registration in the form prescribed ; or (ii.) issue to the occupier or applicant a permit in the form prescribed specifying therein the period during which the permit shall, subject to this Act, remain in force and the defects which, in the inspector’s opinion, require to be remedied to the inspector’s satisfaction to allow the place in relation to which the permit is issued to he registered or, as the case requires, to continue to be registered under this Act as a factory or, as the case may be, a shop ; or (iii.) refuse to register the place as a factory or a shop ; or (iv.) require any applicant for renewal of registration to show, within a time allowed by the inspector, cause to the satisfaction of the Chief Inspector why the application should not be refused and, in the case of any applicant so required who fails to comply with the requirement, refuse to renew the registration of the place as a factory or shop. Should the Chief Inspector cancel the registration or refuse registration of any premises the owner or occupier may apply to the nearest industrial magistrate for a conference between the parties concerned. The industrial magistrate at the conclusion of the conference may make any suggestions in regard to the matters in dispute which may appear to him to be right and proper or confirm or reject the decision of the Chief Inspector. The decision of the industrial magistrate shall be final and binding upon the parties concerned. Every permit issued pursuant to subparagraph (ii.) of the first paragraph of this section shall, while that permit remains in force, authorise the person to whom it is issued, to occupy and use the place in relation to which the permit is issued as a factory or, according to the permit, a shop, and for the purposes of this Act such place shall,while the permit remains in force, be deemed to be duly registered under this Act as a factory or, according to the permit, a shop.

1960. Factories and Shops Act. 279 19. (1.) Subject to this Act, the registration or renewal of registration under this Act of any place as a 16818 factory or a shop shall commence from the first moment of the day on which such registration or renewal of registration is effected and shall continue in force until— (i.) where that registration or renewal of registration is effected dining the month of January of any year, the last moment of the thirty-first day of January of the next succeeding year; or (ii.) where that registration or renewal of registration is effected during any other month, the last moment of the thirty-first day of January next following, and shall then expire unless renewed in accordance with the provisions of this Part. Where renewal of registration is granted pursuant to an application in that behalf made not later than the last day of February in the year in question, such renewal shall for the purposes of this subsection be deemed to have been effected on the thirty-first day of January in that year. I0n’ (2.) Every registration which expires or is cancelled under this Part shall no longer have effect. (3.) Without limiting the provisions of paragraph (i.) of the proviso to section four of this Act, every registration effected and every certificate of registration issued under the repealed Acts and in force immediately prior to the commencement of this Part III. of this Act shall, subject to this Act, continue in force under and for the purposes of this Act until the last moment of the thirty-first day of January next following the date of commencement of this Part III. of this Act, and shall then expire unless renewed in accordance with the provisions of this Part. 20. The occupier of any place registered under this Renewal of Act as a factory or a shop may, not later than the last re8“tratlon- day of February in the year in which the registration would expire unless renewed, make application under and in accordance with this Part for the renewal of that registration.

280 Factories and Shops Act. 9 E liz . II. No. 41, oCtrfaarnteicogenilsl.­ ation Inspe2c1to.r) Thuepoinnspbeecitnogr ( siantcislufideidngaitn aanlyl ctaismese thbey Csuhciehf evidence or information or inquiries as he thinks fit that any place registered under this Act as a factory or a shop is no longer a factory or a shop, as the case may be, or that any notice in relation to that place required by section twenty-two or section twenty-three of this Act to be lodged with him has not been lodged in accordance with the provisions prescribed in that behalf, may cancel the registration under this Act of that place as a factory or a shop. Moreover the Chief Inspector, upon being satisfied at any time that any requisition under this Act given by an inspector to the owner, occupier, or person in charge of a factory or a shop has not been complied with in every respect, or that the defects specified in a permit issued in relation to any factory or shop pursuant to subparagraph (ii.) of the first paragraph of section eighteen of this Act have not been remedied as required by that permit, or where under this Act he prohibits the use of any place as a factory or a shop, may cancel the registration under this Act of the place in question as a factory or a shop unless the owner or occupier whom the inspector shall thereunto require in writing, shows, within a time allowed by the inspector, cause to the satisfaction of the Chief Inspector why such registration should not be cancelled. Should the Chief Inspector cancel the registration or refuse registration of any premises the owner or occupier may apply to the nearest industrial magistrate for a conference between the parties concerned. The industrial magistrate at the conclusion of the conference may make any suggestions in regard to the matters in dispute which may appear to him to be right and proper or confirm or reject the decision of the Chief Inspector. The decision of the industrial magistrate shall be final and binding upon the parties concerned. Vacating factory or 22. Where the occupier, as set out in such shop, &e. registration, of any place registered under this Act Q. Act, s. 8. as a factory or a shop Vacates that place or the business carried on thereat then he, or when any such place ceases to be a factory or a shop then the occupier thereof at the time, shall within seven days thereafter lodge with the inspector a notice in writing in the form

1960. Factories and Shops Act. prescribed for the purposes hereof or in a form to the like effect and containing the information applicable to to the case required to be set out therein. In addition to any penalty to which a person failing to lodge a notice as required by this section may be liable, he shall, if he fails to give such notice, be deemed to continue as the occupier of a factory or a shop and shall continue to be subject to all the provisions of this Act accordingly until the prescribed notice is lodged with the inspector. 281 place2r3e.giEstveerreyd puenrdseorn twhhiso Aencttearss iantfoacotcocruypoartioan sohfopa oEocfncrtuergpyiasittnieotroned isnhsapllectworithainnotsiecveenin wdaryitsingthienretahfetefrormlodpgreescwriibthed tfhoer fsQah.coAtpoc.rty, so. r8. the purposes hereof or in a form to the like effect and containing the information required to be set out therein. A notice under this section shall not be or be deemed to be an application for registration or renewal of registration under this Act of that place as a factory or a shop. 24. In every case where in a place registered under Increase in this Act as a factory or a shop— maximum number of (i.) there is a change in the nature of the work e & m c. ployees, or the class of business therein carried on Q. Act, s. 8. as for the time being is set out in such registration; or (ii.) there is effected any extension or reduction in the size of the premises ; or (iii.) the number of employees is increased beyond the maximum number of employees set out in such registration, then the occupier shall within seven days thereafter lodge with the inspector a notice in writing in the form prescribed for the purposes hereof or in a form to the like effect and containing the information applicable to the case required to be set out therein. 25* The owner of any place which another person Notification intends to occupy or use as a factory or a shop shall, bQy. Aowctn, es.r. 10. before permitting that person to so occupy or use that

282 Factories and Shops Act. 9 E liz . II. No. 41, place, lodge with the inspector a notice in writing of the projected occupation and use of that place as a factory or, as the case may be, a shop. Temporary 26. Where by reason of fire, tempest, flood, or other QreActt 7. calamity, or through alterations, renovations, repairs, ’ demolition for rebuilding, or other cause, the occupier is unable to carry on his factory or shop in the place registered under this Act as a factory or a shop, the inspector may, without payment of any fee for the purpose, issue to the occupier and in relation to some other place a permit in the form prescribed or in a form to the like effect specifying therein the period during which the permit shall, subject to this Act, remain in force, and while that permit remains in force it shall authorise the person to whom it is issued to occupy and use the place in relation to which the permit is issued as a factory or, according to the permit, a shop, and for the purposes of this Act such place shall while the permit remains in force be deemed to be duly registered under this Act as a factory or, according to the permit, a shop. Power of 27. The period during which any permit issued toextend under this Part remains, subject to this Act, in force permits. may from time to time be extended by the inspector by endorsement on that permit. Registration 28. (1.) Without limiting the general power to make Q^Act, s. 9 . regulations conferred by section ninety-seven of this * * Act, regulations may from time to time be made under that section prescribing the fees which shall be paid for the registration, including the renewal of registration, under this Act of a place as a factory or a shop. Such fees may be fixed according to the maximum number of persons employed or to be employed in the factory or shop and different fees may be fixed in relation to different maximum numbers, and the fees fixed in relation to factories may differ from the fees fixed in relation to shops: Provided that where such a registration is effected between the first day of July and the thirty-first day of December in any year, then one-half only of the annual registration fee shall be payable :

1960. Factories and Shops Act. Provided further that the annual renewal of registration fee fixed in relation to a factory or a shop according to a prescribed number of persons employed or to be employed therein shall correspond in amount with the annual fee payable for the new registration of a factory or, as the case may be, shop having a corresponding number of persons employed or to be employed therein. (2.) For the purpose of calculating the registration or renewal of registration fee all persons employed, whether in doors or out of doors, in, or in connection with the business of, the factory or shop shall be regarded as persons employed in the factory or shop. (3.) In every case where in a place registered under this Act as a factory or a shop the number of employees is increased beyond the maximum number of employees set out in such registration the occupier shall, within seven days thereafter, pay, in respect of the year or half year according as to whether the increase occurs before or after the first day of July in any year, the difference in value between the registration fee already paid and the fee payable on the increased maximum number. 283 IV. P ast —R ecords and N otices in F actories and S hops . 29. (1.) In every factory and in every shop the Time and occupier shall at all times keep in the prescribed form, oa^tbook' or in such other form as may be approved by the inspector, as*. 14 , it. a record in English (called the time and wages book) showing, in the case of every employee— (i.) the full name and usual place of abode of the employee; (ii.) the kind of work on which he is usually employed; (iii.) the award or industrial agreement (if any) under which he is for the time being employed; (iv.) the hours of his employment dining each week;

284 Factories and Shops Act. 9 Buz. II. No. 41, (v.) the weekly amount of remuneration paid to him therefor; and (vi.) such other particulars as may for the time being be prescribed. Work given (2.) In every factory and in every shop where the occupier lets or gives out to any person work of any 88 . 15 , 17 . description to be done elsewhere than in the factory or shop, the occupier shall at all times keep in the prescribed form, or in such other form as may be approved by the inspector, a record in English (called the work given out book) showing in the case of every person to whom any work is so let or given out— (i.) the full name and place of abode of the person; (ii.) the situation of the place where he does the work; (iii.) the quantity and description of the work done by him; (iv.) the nature and the amount of the remuneration paid to him therefor ; and (v.) such other particulars as may for the time being be prescribed. (3.) The occupier of a factory or shop shall at all times cause to be open to inspection by any inspector the time and wages book and the work given out book in use for the time being in relation to his factory or, as the case may be, shop, and every such book used at any time within the preceding twelve months. (4.) An inspector may at any time during ordinary working hours require the occupier of a factory or a shop to verify the entries in any wages and time book or any work given out book in relation to his factory or, as the case may be, shop, by statutory declaration or in such other manner and form as may be prescribed by the regulations, and the occupier shall comply in every respect with such requirement. (5.) The occupier of a factory or a shop who fails to comply with any provision of this section shall be guilty of an offence against this Act.

1960. Factories and Shops Act. 285 ( 6 .) (a) For the purposes of subsection two of this section and in addition to and not in substitution for or in diminution of the meaning of the terms “ factory ” and “ shop ” and “ occupier ” respectively set out in subsection one of section five of this Act— (i.) the term “ factory ” includes every building, premises, or other place from which material of any description is let or given out for the purpose of being prepared or manufactured outside such place into articles for trade or sale; and (ii.) every merchant, wholesale dealer, shop keeper, agent, or distributor who lets or gives out material of any description for the purpose of being prepared or manufactured outside a factory or a shop into articles for trade or sale shall be deemed to be the occupier of a factory or a shop. (b) Subject to this Act, the provisions of Part III. shall, with all necessary adaptations thereof, extend to all factories and all shops to which subsection two of this section applies and for this purpose every person to whom material of any description is let or given out by the occupier of the factory or shop for the purpose of being prepared or manufactured outside the factory or shop into articles for trade or sale shall be deemed to be employed by the occupier in the business of the factory or shop. out a3s 0re. fe(r1r. ) edAtonyinpseurbsosencttioonwthwoomofwsoercktioins ltewteonrtyg- nivienne Rgasievtseotnrwiocotuirotk.ns of this Act shall not— Q. Act, s. 15 (3). (i.) let or give out to any other person the work or any part thereof, whether directly or indirectly or whether by piecework or otherwise; or (ii.) have the work or any part thereof done otherwise than by himself: Provided that nothing in this section shall refer to the doing of the work or any part thereof with the prior permission in writing of an inspector by members of the family, working together at home, of the person to whom the work is by the occupier of the factory or shop let or given out.

286 Factories and Shops Act. 9 E liz . II. No. 41, (2.) If the occupier of a factory or a shop by whom any work is let or given out as aforesaid, knowingly permits" or suffers in respect thereof any such offence as is referred to in subsection one of this section, he shall be guilty of an offence against this Act. Factory 31. (1.) Subject to the provisions of section thirty- Xrkmgfor two of this Act, if any person employed in a factory factory does any work for the occupier of the factory elsewhere elsewhere than in the factory, the occupier commits an offence than inthe against this Act. factory. (2.) Subject to the provisions of section thirty-two of this Act, if any person employed in a factory does any work for the occupier of the factory elsewhere than in the factory the person employed commits an offence against this Act. saving. 32 . Nothing in subsection two or subsection six of section twenty-nine, or in section thirty, or in section thirty-one, of this Act shall apply in respect of any work which by reason of its particular nature cannot be performed in the factory. Record of accidents. 33. The occupier of a factory shall at all times keep ^ ^he factory in the prescribed form, or in such other form as may be approved by the inspector,- a record in English (called the register of accidents) showing entered therein the prescribed particulars relating to every accident which occurs in the factory and of which he has knowledge, and shall at all times cause that register to be open to inspection by any inspector. Any such occupier who fails to comply with any provision of this section shall be guilty of an offence against this Act. Power of 34. An inspector may from time to time require reqmre°oopy the occupier of a factory or a shop to lodge, within such of record to time as the inspector may specify, with the inspector a b • Q “ e. f * Au ' rcnt,is V he ‘ d J . copy of any record required by this Part to be kept by 8.17(2). the occupier, or of so much thereof as the inspector may specify. The occupier shall comply in every respect with such request.

1960. Factories and Shops Act. 287 of th3is5.PaInrt aangyainpsrtocteheedioncgcuupniedrerofoar fafocrtorthyeorpuarsphoospe oKQf. nooAcwcclute, pdigeer. any matter or thing proved to be within the knowledge s. 15 (6). of an employee or agent of the occupier shall be presumed to be within the knowledge of the occupier. P art V.— S afety , H ealth , and W elfare . 36. The provisions of this Part shall be in addition Saving of to and not in substitution for or diminution of the Acts. provisions of— (i.) “ The Inspection of Machinery Acts, 1951 to I960”; or (ii.) “ The Inspection of Scaffolding Acts, 1915 to 1960 ” ; or (iii.) “ The Health Acts, 1937 to 1959 ” ; or (iv.) “ The Workers’ Accommodation Act of 1952 ” ; or (v.) (as regards buildings or other premises under construction for the purpose of being used whether in whole or in part as factories or shops), any Act for the purpose of better securing the safety of persons employed in or in connection with the work of the construction of those premises. Any provision of an award shall be inoperative to the extent to which it applies to any matter related to the safety, health and welfare of any persons to whom the provisions of any rule made under or continued in force by this Act for the purposes of this Part apply : Provided that every such rule shall be read and construed so as not to prejudice or affect any provision of an award except to the extent necessary to give operation and effect to the rule. 37. (1.) Subject to this Act, the provisions of this Application Part shall apply not only to factories and shops wherein toof PcearrttaVin. any business is carried on, but also to buildings and other premises. premises under construction for the purpose of being used whether in whole or in part as factories or shops. Unless otherwise indicated or provided, for the purpose of the application of the provisions of tips Part and of Part VI. to any building or other premises1 under

288 Factories and Shops Act. 9 Euz. II. No. 41, construction as aforesaid, that building or those premises as aforesaid shall where necessary be deemed to be included in the term “ factory ” or the term “ shop ”, according to the purpose for which the same is to be used upon construction, and where necessary the term “ occupier ” shall include the contractor and any sub­ contractor or other person employing any persons in or in connection with the work of the construction of those premises and the persons so employed shall be deemed to be employed in, or in connection with the business of that factory, or, as the case may be, shop. ( 2 .) (a) The Governor in Council may from time to time, by Order in Council, declare that the application of this Part shall extend to and with respect to all or any buildings or places in or in connection with which persons are working or employed in any business whatever, and thereupon the application of this Part shall, notwithstanding anything contained in this Act, extend, to and with respect to all or any buildings and places the subject of the Order in Council in question. Every provision of this Part applied by Order in Council under this subsection shall for the purposes of applying that provision and the provisions of Part VI. be read subject to any necessary adaptation and unless otherwise indicated or provided any building or place specified in the Order in Council in question shall where necessary be deemed to be included in the term “ factory ”, and the persons so working or employed shall be deemed to be employed in, or in connection with the business of that factory. (b) The power to make any Order in Council under this subsection shall include power to make that Order in Council so that it shall be limited in its application— (i.) to any one or more buildings or places ; (ii.) to all buildings or places included in any class of building or place ; (iii.) to all buildings or places situated in, or in any part of, the Area of any Local Authority; (iv.) to all buildings or places included in any class of building or place situated in, or in any part of, the Area of any Local Authority; (v.) otherwise as to place or circumstances as is prescribed therein.

1960. Factories and Shops Act. 289 (c) The Governor in Council may by a further Order in Council revoke any Order in Council made under this subsection and thereupon this Part shall cease to apply to and with respect to buildings and places the subject of the revoked Order in Council: Provided that the Governor in Council may at any later time again make an Order in Council under this subsection applying this Part to and with respect to all or any of those buildings and places. (d) This subsection and every Order in Council made under this subsection shall apply so as not to limit the operation of this Part, or of any provision of this Part, in its application to factories and shops including buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops. make38ru.le(s1.c)onWfeirthreodutbylismecittiinogn ntihneetyg- esnevereanl opf othwiesrActot, mPoawkeerrtuoles. rules may be made under that section for better securing the safety and health, and improving the welfare of persons employed in, or in connection with the business of, factories and shops, or, in the case of any buildings and other premises under construction for the purpose of being used whether in whole or in part as factories or shops, of persons employed in or in connection with the work of the construction of those buildings and other premises, or, in the case of any buildings and places, to and with respect to which the provisions of this Part are applied by Order in Council under subsection two of section thirty-seven of this Act, of persons employed in or in connection with the business of those buildings and places, and containing such provision}, requirements, conditions, and restrictions, whether general or to meet particular cases, as appear to the Governor in Council to be necessary, desirable, or convenient for the purpose. Without limiting the generality of the foregoing provisions of this subsection, rules may be made with respect to all or any of the matters and things set forth in the Second Schedule to this Act. Second Schedule. (2.) Without derogating from the provisions of Continuance sAucbtseacntidonnoontwe iothfstthainsdsinecgtiothneorreopfeasel ctoifonthfoeurreopfeathleids rouflceesr. tain Acts, the rules set forth in the Third Schedule to “ The Factories and Shops Act of 1900 ” (as subsequently 10

290 Factories and, Shops Act. 9 E liz . II. No. 41, amended.), and the rules for the purposes of the repealed Acts published in the Gazette of the ninth day of July, one thousand nine hundred and forty-nine, and in the Gazette of the twentieth day of October, one thousand nine hundred and fifty-one, as in force immediately prior to the commencement of this Act, shall continue in force as if they were made pursuant to subsection one of this section and as if they were enacted in the body of this Act. From time to time new rules may be made under this Act relating to all or any of the matters provided for in the rules continued in force by this section, and under the power conferred by this Act to make rules the Governor in Council may by rules revoke or modify any of those rules so continued and may revoke or modify any of the new rules and may make rules in addition to or in substitution for any of them. P art VI.— T he F actories and S hops H ealth , W elfare and S afety B oard . .Factories and Shops 39- (I.) For the purposes of this Part there shall Health, be established a Board to be called “ The Factories aWnedlfSaarefety and Shops Health, Welfare and Safety Board ” (in Board. this Act referred to as “ the Board ”). Q. Act, s. 22. Membership of the (2.) (a) The Board shall be constituted as prescribed Board. by this subsection. ( 6 ) The following shall ex officio be members of the Board— (i.) the Under Secretary, Department of Labour and Industry, who shall be chairman thereof; (ii.) the Director of Industrial Medicine ; (iii.) the officer of the Department of Labour and Industry occupying the position of the Chief Safety Engineer; and (iv.) the Chief Inspector of Factories and Shops. (c) The Governor in Council shall appoint to the Board— (i.) two members as representatives of occupiers of factories and shops ; and (ii.) two members as representatives of employees in factories and shops.

1960. Factories and Shops Act. 291 Every such appointment shall be made by notification published in the Gazette and may be of any person whom the Governor in Council deems suitable as representative of the persons whom by his appointment he represents. A member of the Board to whom this paragraph (c) applies shall, unless he sooner duly resigns, hold office during the pleasure of the Governor in Council for such term not exceeding three years as is specified in the notification of his appointment and be eligible for re-appointment. He may resign his office as member by writing under his hand addressed to the Minister, and such resignation shall take effect from the time when it is received by the Minister. (d) The Governor in Council shall appoint to the Board an officer (other than the Chief Safety Engineer) of the Division of Occupational Safety of the Department of Labour and Industry. Every such appointment shall be made by notification published in the Gazette, and any such appointee shall hold office as a member of the Board at the pleasure of the Governor in Council. Such an appointee shall while he continues to be a member of the Board be the secretary thereof. He shall hold the positions of member and secretary of the Board in conjunction with his position as an officer of the Division of Occupational Safety of the Department of Labour and Industry. (3.) If at any time the Governor in Council considers Allowances, that all or any of the members of the Board are entitled *0- to any allowances or fees or allowances and fees for their services, he may determine those allowances, or fees, or, as the case may be, allowances and fees as he may think fit, and the Governor in Council may from time to time revoke or amend as he thinks fit any such determination, and any member with respect to whom • any such determination is made shall, while that determination remains in force, be entitled to payment in accordance therewith.

292 Factories and Shops Act. 9 E liz . II. No. 41, Appoint- * Any such determination with respect to any member may differ according to class of payment or rate or both class and rate from any such determination with respect to any other member. (4.) If any member of the Board, other than the chairman, is at any time prevented by absence, illness, or otherwise howsoever from performing the duties of his office, the Governor in Council may, by notification published in the Gazette , appoint another person to act as the deputy of that member during such time as he is so prevented from performing such duties, and the deputy while so acting, shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties, and shall enjoy the immunities of the member whose deputy the appointee is, and the provisions of this Act shall apply with respect to such deputy as if he were the person for whom he acts. The fact that the deputy of the chairman or any deputy appointed under this subsection has exercised any function, power, or authority, or has performed any duty of the person for whom he acts shall, until the contrary is proved, be conclusive evidence that that deputy lawfully exercised that function, power, or authority, or lawfully performed that duty, as the case may be. Proceedings 40. ( 1 .) The Board shall meet at such times and places and conduct its business in such manner as may q . Act, be prescribed or, in so far as not prescribed, as it may s. 22 (i). fr0m time to time determine. Quorum. ( 2 .) Not less than five members of the Board of whom the chairman or deputy of the chairman shall be one, shall form a quorum at any meeting of the Board. Chairman ( (3.) The chairman shall preside at all meetings of the Board at which he is present. The Assistant Under Secretary, Department of Labour and Industry, shall be ex officio the deputy of the chairman and may attend and preside at any meeting of the Board from which the chairman is absent for any cause whatsoever. The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote.

1960. Factories and Shops Act. 293 (4.) The validity of acts done by the Board or by vw»dity of the chairman or any other member of the Board, or a th^Bowd.y deputy of any member including the chairman, shall not be affected by any error or defect in the appointment of any such person or by reason of there being any vacancy in the number of members at the time. 41. (1.) Subject to this Act, it shall be the duty Functions of the Board- g£d. (a) to advise upon matters pertaining to the 2 22 ^). prevention generally of industrial accidents ; * ’ (b) to make such recommendations as it considers necessary to the Minister for securing the safety and health and improving the welfare of persons employed in, or in connection with the business of, factories and shops to which Part V. applies, whether generally or to meet particular cases, including, but without limiting the generality of the foregoing, the prevention of accidents in such factories and shops, the provision of facilities for medical or first-aid attention, rest, recreation, meals, changing and protection of clothing, and washing; to make such investigations as it considers necessary or desirable for the purpose of making such recommendations; and to collaborate with organisations of employers, organisations of employees, and authorities engaged in technical research, in relation to the foregoing matters; (c) to report to or confer with the Minister on any matter referred to it by the Minister for such report or, as the case may be, conference, relating to the safety, health and welfare of persons employed in, or in connection with the business of, factories and shops to which Part V. applies, whether in general or in a particular case, and to makej such investigations as may be necessary or desirable for that purpose; (d) to review the laws in force for the time being in relation to the safety, health and welfare of persons employed in, or in connection with

294 Factories and Shops Act. 9 E liz . II. No. 41, the business of, factories and shops to which Part V. applies, and to make to the Minister recommendations for the making of fresh such laws, and either in amendment of or substitution for the then existing such laws or any thereof; (e) to arrange an educational programme for the training and certification of industrial safety officers and personnel; (/) to recommend to the Minister ways and means of forming new and strengthening existing voluntary organisations for securing the safety of persons employed in, or in connection with the business of, factories and shops to which Part V. applies ; (g) to encourage the formation for particular industries of safety committees having for their function the suggesting to the Board of ways and means of overcoming problems connected with the prevention of accidents in the industry in question, and in particular to encourage the formation of such committees in the central and northern regions of the State ; ( h) to make to the Minister recommendations respecting the making of rules pursuant to the provisions of section thirty-eight of this Act. (2.) In relation to its duty under paragraph (d) of subsection one of this section, the'Board may consult with organisations of employers, organisations of employees, any other organisations and any individual persons. drPeaoctwoiomenrmsouefnp­ on confe4r2en.ceUpwoitnh, atnhye rBecooamrdmuennddeartiosnectoironrefpoorrtyt- obnye, oofr sBQ. o. 2aA2rde( , 3t,) & . o. tohrisinAdcitm, ainnudtiionn aodfdaitnioynottohearnpdownoetrsincosnufbersrtietdutbioynthfoirs Act upon the Governor in Council, the Minister, or the Chief Inspector or any other inspector— (i.) the Governor in Council may make such regulations or rules or both regulations and rules under this Act and containing such provisions, prohibitions, restrictions, and

1960. Factories and Shops Act. conditions and in relation to such factory or shop or such classes of factories or shops to which Part V. applies as prescribed therein as he considers necessary or desirable; and (ii.) whether regulations or rules are made or not, the Chief Inspector may issue an order directing the occupier or occupiers of such factory or shop or such class of factories or shops to which Part V. applies as he specifies therein to do such things or to take such steps, including, but without limiting the generality of the foregoing, the observing of such prohibitions, restrictions, precautions, and obligations, and the provision of such facilities, as he may specify therein, for the purpose of better securing the safety and health and improving the welfare, or any of these things, of persons employed in, or in connection with the business of the factory or shop or factories or shops in question. 295 P art VII.— E mployment op C hildren , Y oung P ersons and O thers —C ertificates , & c . 43. (1.) This Part applies subject to “ The Industrial Saving of Conciliation and Arbitration Acts , 1932 to 1959,” and N23o. G2o6o. aVs . awards and industrial agreements thereunder, so that, amended, where any provision of such Act or of any award or a & n e d ., awards, industrial agreement thereunder is inconsistent with a thereunder. provision of this Part, the provision of such Act or award or industrial agreement shall prevail and the provision of this Part shall to the extent of the inconsistency be inoperative. (2.) The provisions of this Part shall not derogate Saving of from or otherwise affect the provisions of “ The N16o. G3e3o. VI. Inspection of Machinery Acts, 1951 to 1960,” and shall be and in addition to and not in substitution for or diminution N20o. G3e7o,. aVs. of the provisions of “ The Apprentices and Minors Acts , subsequently 1929 to 1959.” amended. (3.) This Part shall not apply to any office which, Exemptions. apart from the clerical work carried on therein, would not constitute a factory or a shop, or to the rooms occupied by draftsmen, architects, dentists, doctors, optometrists, or to rooms in which any other work of a professional nature is carried on, and any reference in

296 Factories and Shops Act. 9 Eiriz. II. No. 41, this Part to the employment of any person in, or in connection with the business of, any factory or shop shall be deemed not to refer to the employment of that person in any office, although that office may be part of the factory or shop. • Premimns Premiums. 44 A person shall not demand, accept, or agree to accept any consideration, premium, gift, forbearance, or allowance in connection with the employment of any person by him in any factory or shop. Ages of Employees. Prohibition 45. (1.) The occupier of a factory, except with the employment prior permission in writing of the Minister and in of children in accordance in every respect with the conditions (if any) Q.°Act?a’herein specified, shall not employ in, or in connection 88.24-27(5). with, the business of that factory— (i.) any child at any time ; or (ii.) any male young person or any female in working his or her ordinary working hours or any part of those ordinary working hours at any time between six o’clock in the evening of any day and six o’clock in the morning of the day next following. (2.) The Minister from time to time in his unfettered ' discretion may grant permits, subject to such conditions (if any) as he may think fit to impose, for the purposes of this section, but shall not grant such a permit in relation to a child who has more than six months to live to reach his school-leaving age. The conditions imposed in relation to the grant of any such permit may differ from those imposed in relation to the grant of any other permit or permits, but in every case the conditions imposed shall be specified in the permit. Prohibition 46. The occupier of a shop shall not employ any employment °hild *n> or in connection with the business of, that shop of children in unless there has been granted by the Minister for shops. Education, or the Director-General of Education or some other officer of the Department of Education, a

1960. Factories and Shops Act, 297 certificate then in force certifying that some valid excuse for the purposes of “ The State Education Acts, 1875 to 1957,” exists for the non-attendance at school of that child. Certificates of Fitness, &c. 47. (1.) The occupier of a factory belonging to Certificates such class or classes of factories as may for the time o & f c f . itness, being be prescribed for the purposes hereof by the Q. Act, s. 28. regulations, shall not employ any young person at any employment of any nature in, or in connection with the business of, that factory unless the occupier holds a certificate of fitness, as prescribed by subsection two of this section, of that young person for that particular employment. (2.) (a) Every certificatevof fitness for the purposes of this section shall be a certificate granted by a medical practitioner and shall be in the prescribed form or a form to the like effect and shall specify the full name and age of the young person to whom it relates and the nature of the employment for which the young person is fit. ( 6 ) A certificate of fitness for the purposes of this section may be expressed to apply either to one or more specified factories or generally to all factories of a specified class. The certificate may at any time in appropriate cases be extended by a medical practitioner as aforesaid, by endorsement of the certificate, to any other specified factory or factories or class of factories. (c) A medical practitioner as aforesaid shall not grant a certificate of fitness for the purposes of this section unless he is satisfied— (i.) by the production of a certificate of birth or by other evidence, whether of a like nature or not, that the young person to whom the certificate relates is of the age shown therein; and (ii.) that the young person to whom the certificate relates is not incapacitated by disease or bodily infirmity from working at the employment for which the certificate is required during the days and the times daily, allowed ordinarily for the time being by law

298 Factories and Shops Act. 9 Buz. II. No. 41, for working in the factory or factories to which the certificate shall apply, and that his health is not likely to be adversely affected thereby. (3.) A certificate of fitness for the purposes of this section shall not operate to limit or remove any of the restrictions or conditions imposed by this Act or “ The Inspection of Machinery Acts, 1951 to 1960,” or “ The Apprentices and Minors Acts, 1929 to 1959,” in respect of the employment of young persons or of others. ofbi'rth'8 48. (1.) The provisions of this section shall apply certificate*, to factories other than those factories belonging to such &o., upon e]ass or classes of factories as may for the time being be ofy®uSgen prescribed by the regulations for the purposes of section persons. forty-seven of this Act. (2.) The occupier of a factory to which this section applies shall not employ any young person in, or in connection with the business of, that factory unless the occupier holds in relation to that young person either a certificate of birth showing, or a certificate granted by the inspector that the inspector is satisfied, that the young person has reached his school-leaving age. (3.) The provisions of this section shall be in addition to and not in substitution for or diminution of any of the other provisions of this Part. ocPefrrotidfiuecs Bittioe# n requ4es9t . of( 1a.) n Tinhsepeocctcourpimeradoef ina rfaelcattoiroyn sthoalal, ll oonr atnhye ‘ young persons employed in the factory produce for inspection by the inspector the certificate or, as the case requires, certificates in relation to the young person or persons in question— (i.) of fitness where section forty-seven of this Act applies to that factory; or (ii.) of birth, or of school-leaving age granted by the inspector, where section forty-eight of this Act applies to that factory, as required by this Part to be held by that occupier.

1960. Factories and Shops Act. 299 (2.) The provisions of this section shall be in addition to and not in substitution for or diminution of the provisions of paragraph (v.) of section thirteen of this Act. (3.) In addition to the penalty to which an occupier as aforesaid is liable for failing to produce such a certificate when requested as aforesaid, he shall be deemed not to'hold that certificate. 50. The occupier of a factory or a shop shall, on the Certificate request of any person whose employment in the factory ^npioyment. or shop, as the case may be, has been terminated, whether Q.Act,g.26. by the occupier or by the employee, give to that person a certificate under his hand, in the prescribed form or a form to the like effect, and stating correctly the period during which that person has been so employed. 51. (1..) Whenever . t * he inspector— # D tin is u c a o n n c ­ e of (i.) is of the opinion that a young person is by employment disease or bodily infirmity incapacitated from ^S om T& c . working at his employment in a factory Q. Act.’s. 29. during the days and the times daily, allowed ordinarily for the time being by law for working in the factory ; or (ii.) receives notice howsoever that any person employed in a factory is suffering from an infectious disease within the meaning of “ The Health Acts, 1937 to 1959,” the inspector shall serve on the occupier of the factory a notice in writing requiring that the employment of such person be discontinued not later than the expiration of the period specified in the notice (which period shall not be less than one nor more than seven days after the service of the notice). (2.) The occupier of a factory upon whom a notice under this section is served shall comply with the requirement contained in that notice (notwithstanding that, in an appropriate case, a certificate of fitness has been previously obtained in relation to the employee concerned) unless, after service of the notice, a medical practitioner personally examines the employee and certifies in writing that such person is not so incapacitated or, as the case requires, is not suffering from such an infectious disease.

332 Factories and Shops Act. 9 E liz . II. No. 41, To the extent necessary to give operation and effect to any permit under this section, the provisions relating to trading hours of “ The Industrial Conciliation and Arbitration Acts, 1932 to 1959,” or of any award shall apply subject to such permit. (2.) The holder of a permit granted under this section and any person who claims to hold or to act under a permit granted under this section shall produce the same for inspection and examination whenever demanded by an inspector. In addition to the penalty to which any such person is liable for failing to produce the permit when demanded as aforesaid, he shall be deemed to have acted without the authority of, or not to hold, such a permit. Requisitions by Inspector . Inspector 88. (i.) In any case where in the opinion of the anjTdefect”1 inspector any provision of this Act imposing any to be requirement as to safety, health, or welfare has not Q^Act6**’ been or is not being complied with, whether by the 8. 60 ( 2 ). owner, occupier, or person in charge of any factory or ^hj9m' shop or of any building, premises, or other place to be used as a factory or a shop, or of any building or place in respect of which an Order in Council under section thirty-seven of this Act is in force, the inspector may give to that owner, occupier, or person in charge a notice in writing requiring the person to whom the notice is given to comply within the period of time stated in that notice with such requirement. The inspector shall in such notice specify the matters and things with respect to which he considers the said requirement has not been or is not being complied with. (2.) A person to whom a notice is given under this section shall within the period of time specified in the notice comply in every respect with the requirements of that notice. (3.) The fact that a notice has or has not been given under this section in relation to any matter or thing shall not be a defence to any prosecution for any alleged offence against any provision of this Act.

1960. Factories and Shops Act. 333 89. (1.) The Chief Inspector upon receipt by him of of a report from the inspector that in the inspector’s inspector to opinion any provision of this Act imposing any the requirement as to safety, health, or welfare cannot be building, complied with in relation to any building, premises, or *°->as a other place used or to be used as a factory or a shop, or a^hop! °r any building or place in respect of which an Order in Council under section thirty-seven of this Act is in force ci°. 21 , 22 . by reason of any structural, sanitary, or other defect whatsoever in that place, may by an order in writing under his hand prohibit the use of that place as a factory, or a shop, or in the case of any building or place in respect of which an Order in Council under section thirty-seven of this Act is in force the use of that place for any purpose stated in the order, or make in like manner such other order as he may deem fit. (2.) Without limiting his powers under Part III. in that behalf, where the inspector has furnished in relation to any place to the Chief Inspector such a report as in subsection one of this section is referred to, the inspector upon an application for the registration or renewal of registration under this Act of that place as a factory or a shop may, pending the decision of the Chief Inspector under subsection one of this section, refuse to register or, as the case may be, renew such registration or to issue a permit as referred to in subparagraph (ii.) of the first paragraph of section eighteen of this Act. (3.) Any power exercisable or exercised pursuant to this section shall be in addition to and not in substitution for or diminution of any power exercisable or exercised in relation to the same matter or thing pursuant to any other provision of this Act, and those powers may be exercised in relation to that matter or thing concurrently. 90. (1.) No owner, architect or contractor shall Approval of commence or cause to be commenced the construction itnosbpeector of, or the carrying out of any structural alterations or obtained to additions to, any building intended for use or used as ecroemctmioenncoef a factory or a shop unless with the prior approval in building, &e. writing of the inspector thereto. j» Q. Act, Sell. III. cl. 19.

334 Factories andi Shops Act. 9 E liz . II. No. 41, (2.) Application for the approval of the inspector under this section shall be in writing and made by the owner, architect or contractor concerned and be accompanied by one copy of the plans and specifications of the proposed building or structural alterations or additions, as the case may be. (3.) The inspector upon considering such application and plans and specifications may grant his approval thereto, without conditions or subject to such conditions as to the inspector seems fit, or may refuse to grant such approval. (4.) If a building is constructed or any constructional alteration or addition to any building is carried out otherwise than in conformity in every respect with the approval of the inspector and the plans and specifications submitted to the inspector, then the owner, contractor and, if any, architect shall be severally guilty of an offence against this Aot and liable accordingly. Abstracts of 91. Every occupier of a factory or shop shall cause bo posted*0 to be affixed and maintained in such plaoe or places in «p. or upon his factory, shop, or premises, as the inspector q . Aot, s. 52 . directs, the prescribed abstract of this Act and of the regulations, and in default of so doing shall be liable for a first offence to a penalty of not less than one pound and not exceeding five pounds and for a second or subsequent offence to a penalty of not less than two pounds and not exceeding ten pounds. offences. Forgery, fto. Q. Aot. s. 55. 92. (1.) No person shall— (i.) forge, counterfeit, or fraudulently alter any certificate, permit, approval, notice, requisition, direction, exemption, order, or other document which the Minister or the Chief Inspector or any other inspector is authorised to grant or issue under this Act; or (ii.) use any such document knowing the same to be forged, counterfeited, or fraudulently altered; or ^ (iii.) wilfully make any false entry in any register, ' notioe, record, or book required or authorised under this Act; or

1960. Factories and Shops Act. 335 (iv.) grant, issue, or use any certificate, permit, approval, notice, requisition, direction, exemption, order, or other document under this Act knowing the same to be untrue in any material particular. (2.) (a) No person shall wilfully cause or suffer any Wilful damage or defacement to any building, or part thereof, or to any furniture, fittings, or other appurtenances, ’ provided for the purposes of this Act by the owner or occupier of a factory or shop. se. (6) The provisions of paragraph (a) of this subsection shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of that paragraph be brought against him, and no proceeding or conviction for any offence against this subsection shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled. 93. (1.) Any person who contravenes or fails to Penalties, comply with any provision of this Act shall be guilty Q°'Aot> g. 60 of an offence against this Act. (i) (2.) Without limiting the provisions of subsection one of this section, in every case where under this Act any requirement, obligation, or provision is imposed or required to be observed by the occupier or owner thereof in relation to any factory or shop, the conduct of its business, the treatment of persons employed therein, or otherwise howsoever, the occupier or owner, according as required by this Act or if this Act does not specify which person then the occupier or owner according as directed by an inspector, shall cause such requirement, obligation, or provision to be complied with or observed, and if the requirement, obligation, or provision is not complied with or observed the occupier or, as the case may be, owner commits an offence against this Act and shall be liable accordingly. . (3.) Every person who aids, abets, counsels, or procures, or is in any way, directly or indirectly, knowingly concerned in, the commission of any offence against this Act shall be deemed to have committed that offence and shall be liable and punishable accordingly.

336 Factories and Shops Act. 9 Euz. II. No. 41, Genera! penalty. Q. Act, s. 57 (2). (4.) Any person guilty of an offence against this Act shaJl, if no specific penalty is provided for that offence, be liable, in the case of a first offence, to a penalty of not less than two pounds and of not more than fifty pounds, and in the case of a second or subsequent offence of the same kind, to a penalty of not less than ten pounds and of not more than two hundred pounds. If default in complying with any lawful order of an inspector under this Act is continued, after his conviction, by any person who has been convicted of the offence of failing to comply with that order, that person shall be deemed to commit a continuing offence, and shall be liable to a penalty of not more than five pounds for each and every day during which that offence is continued. (5.) Where a person is convicted of any offence against this Act and the industrial magistrate by whom he is convicted is of opinion that such offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be imprisoned for any term not exceeding six months. (6.) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act. (7.) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of that offence shall not be reduced below any prescribed minimum amount of penalty. ^rocoedin (&•) Proceedings for offences against this Act shall q . Act, ^ be by complaint made with the authority of the Minister s. 67 (6). or the Chief Inspector and shall be heard and determined in a summary way by an industrial magistrate. The place for hearing and the proceedings on such complaints and appeals shall be such as may be directed by the Industrial Court or as are prescribed by the Rules of Court under “ The Industrial Conciliation and Arbitration Acts, 1932 to 1958,” in respect of the place for hearing and proceedings on complaints and appeals under those Acts. . (9.) Either party to the proceedings before such industrial magistrate may appeal from his decision.

1960. Factories and Shops Act. (10.) In any proceedings on a complaint any order which the industrial magistrate is empowered to make may be made without an application or complaint being made in respect thereof. (11.) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence. 337 94. (1.) Notwithstanding sections seven or twenty- Liability for three of “ The Criminal Code” or any other Act or law, aofgfeenntceorby or any rule or practice of law, where any person commits employee. an offence against this Act as an agent or employee, the principal or employer of such person shall be deemed to have taken part in committing the offence, and to be guilty of the offence, and may be charged with actually committing it. It shall be immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer, but it shall be a defence for the principal or employer to prove that he had no knowledge of the commission of the offence and could not by the exercise of due diligence have known of its commission. (2.) This section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed. 95. (1.) In any proceedings under or for the Facilitation purpose of this Act— of proof. Q. Act, (i.) it shall not be necessary to prove the e. 60(1). appointment of an inspector or the authority of an inspector to do any act or to issue any order or to give any direction or notice or to make any request or to take any proceeding, but this shall not prejuclice the right of any defendant to prove the extent of such authority; (ii.) a signature purporting to be that of the Minister or of the Chief Inspector or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved;

338 Factories and Shops Act. 9 Euz. II. No. 41, (iii.) a document purporting to be signed by an inspector and stating that at a specified time a place specified in such manner as reasonably permits of identification was or was not duly registered under this Act as a factory or, as the case may be, a shop, or stating that any approval as specified of an inspector was or was not given, shall, upon its production in evidence, be evidence of the matter contained in the document, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter; (iv.) when an employee is in the opinion of the industrial magistrate apparently of the age alleged by the complainant, it shall lie on the defendant to prove that such employee is pot of that age ; (v.) the allegation or averment in any complaint that any building, premises, or other place is, or was at the time set forth, a factory, a shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that matter; (vi.) the allegation or averment in any complaint that the person named therein is, or was at the time set forth, the occupier or owner, according as alleged or averred, of a factory, a shop, or a budding or place in respect of which an Order in Council under section thirty-seven of this Act is or was in force, shall be evidence thereof, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that matter; (vii.) the fact of a person being found in a factory, a shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is in force, under such circumstances as in the opinion of the industrial magistrate raises a presumption that suoh person was employed in, or in

1960. Factories and Shops Act. connection with the business of, such factory, shop, or a building or place in respect of which an Order in Council under section thirty-seven of this Act is in force, shall cast the burden of proof that such person was not so employed on the defendant; (viii.) a document purporting to be either an original or duplicate copy of any certificate, order, approval, permit, requisition, direction, exemption, or notice, issued or granted under this Act by the Minister or by the Chief Inspector or by any other inspector shall, upon its production in evidence, be evidence of that certificate, order, approval, permit, requisition, direction, exemption, or notice, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that certificate, order, approval, permit, requisition, direction, exemption, or notice; (ix.) a document purporting to be signed by the Director-General of Education and stating that at a specified time there was or was not in force a certificate granted, in relation to the child specified, by the Minister for Education, or the Director-General of Education or some other officer of the Department of Education, certifying that some valid excuse for the purposes of “ The State Education Acts, 1875 to 1957,” exists for the non-attendance at school of that child shall, upon its production in evidence, be evidence of the matter contained in the document, and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matter. (x.) it shall not be necessary to prove the limits of any Local Authority Area or any part of any Local Authority Area, or radius or other prescribed place, or that any road or place is within any Local Authority Area or radius or other prescribed place, or that any place alleged to be a road or public place or any particular part of a road or public place is a road or public place or part thereof or the 339

340 Factories and Shops Act. 9 E liz . II. No. 41, authority of the Chief Inspector or of any inspector to do any act or take any proceedings, but this shall not prejudice the right of any defendant to prove the facts. (2.) In any such proceedings or otherwise for the purposes of this Act, the determination of the Chief Inspector as to the class to which any factory or shop or other place, or any business carried on, belongs, or that any class or classes of articles are usually sold in any class of business, shall be final; and a document purporting to be a certificate under the hand of the Chief Inspector stating the class to which any factory, shop, other place, or business mentioned in the certificate belongs, or stating that a class or classes of articles as specified are usually sold in a specified class of business, shall be conclusive evidence of the facts certified. (3.) Judicial notice shall be taken of every notification or order published in the Gazette under this Act. oPinfrsopteeccttoiorsn, the B9o6a.rdNoor mthaettCehrieofrInthsipnegctodronoer abnyy tohteheMr iinnisspteerc, toorr, &c. or by any other person acting with the authority of the Minister, or the Board, or the Chief Inspector or any other inspector, in good faith and without negligence for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown or the Minister or the Board or the Chief Inspector or other inspector or other person as aforesaid to any liability in respect thereof. QaRn. edgAurcluta, ltesiso.. n5s1, time9m7a.keThreeguGlaotvioenrnsoarndinruCleosunpcriolvimdianyg, fbroymregtiumlaetioton or rule, for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations or rules or both may be made for or in respect of all or any of the following purposes, matters, and things :— Officers. (i.) prescribing, providing for, regulating and controlling the powers and duties of the Chief Inspector, other inspectors, and other

1960. Factories and Shops Act. 341 officers, including, where considered necessary, the exercise and discharge of those powers and duties so as not to unreasonably or unduly interfere with the work or processes being carried on in any factory or shop ; (ii.) prescribing forms under this Act and the Forms, respective purposes for which such forms or forms to the like effect shall be used; (iii.) providing for and regulating and controlling Regktra- applications for and the effecting of tIon8’ *°' registrations and renewals of registration under this Act of places as factories or as shops, and the granting or issuing of (or of any class of) permits, certificates, and other authorities under this Act, including in appropriate cases applications for those permits, certificates, and other authorities ; providing for the circumstances, and prescribing the conditions and restrictions subject to which such permits, certificates, and other authorities or any class thereof shall be granted or issued, and making provision, where considered necessary or desirable, for and in relation to the surrender, transfer, cancellation, and endorsement, of all or any such permits, certificates, and other authorities, the delivery thereof to inspectors for any of such purposes, and the issue of duplicate permits, certificates, and other authorities ; (iv.) prescribing the form of registers to be kept Registers, for the purposes of this Act; prescribing the mode of effecting registrations under this Act; prescribing the information or particulars to be entered in such registers, and providing for all or any matters considered necessary or desirable in relation to those registers; (v.) providing any matters and things in relation Notices, to the giving, including the service, of notices ord0r8’&0' and the making of requisitions and orders under this Act by inspectors ;

342 Factories and, Shops Act . 9 E liz . II. No. 41, F098. Peoaltiefl. Prescribed matters. (vi.) prescribing fees payable under this Act (which fees may differ with respect to different matters or things or classes of matter or thing) and. the matters and things and classes of matter or thing in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times when and where such fees shall be paid; (vii.) prescribing any pecuniary or other penalty for any offences against any regulations or rules, including in the case of any offences a minimum as well as a maximum penally, provided that any such pecuniary maximum penalty shall not exceed one hundred pounds or in the case of a daily penalty ten pounds per day; (viii.) without limiting the provisions of section eight of this Act, providing for the exemption of any factories or shops (including any specified classes of factories or shops according to kind, situation, or otherwise as prescribed) from all or any of the provisions of the regulations or rules, either absolutely or subject to such conditions as may be prescribed ; (ix.) all matters and things required or permitted by this Act to be prescribed by such regulations or rules, as the case may be. (2.) The power to make any regulation or rule under this Act shall include power to make that regulation or rule so that it shall be of general application or limited in its application according to individuals, individual factories, shops, or buildings or places, classes of persons, classes of factories, shops, or buildings or places (whether classified according to kind, situation, or otherwise), any work (including work included in any prescribed class of work), time, place, locality, purposes, circumstances, or otherwise as prescribed. A regulation or rule may be made so as to apply to any building or premises whether constructed, partly constructed, or under construction.

1960. Factories and Shops Act. The power to make regulations or rules for or in respect of any matter or thing shall include power to make regulations under this section prohibiting that matter or thing either generally or to meet particular cases. The power to make regulations or rules shall include power to make different regulations or rules with respect to different matters or things and with respect to different classes of the same matter or thing. Regulations and rules may be made under this Act at any time after the passing hereof. 34S 98. (1.) Every Proclamation, Order in Council, Publication regulation, and rule made under this Act shall— of Proclama­ tions, Orders (i.) be published in the Gasxtte ; in Council, regulations, (ii.) upon its publication in the Gazette, be QA. cA. ct, s. 63. judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) take effect from the date of such publication, unless, in the case of any such regulation or rule, a later date is specified in that or any other regulation or, as the case may be, rule for its commencement when in such event it shall take effect from that later date ; and (iv.) be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, regulation, or rule has been laid before Parliament disallowing such Proclamation, Order in Council, regulation, hr rule, or part thereof, that Proclamation, Order in Council, regulation, or rule, or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, regulation, or rule.

344 Factories and Shops Act. 9 E liz . II. No. 41, [Section 4.] Year and Number of Act. SCHEDULES. FIRST SCHEDULE. Short Title. Extent of Repeal. 64 Vic. No. 28 .. 8 Edw. VII. No. 4 5 Geo. V. No. 13 7 Geo. V. No. 14 7 Geo. V. No. 28 10 Geo. V. No. 22 13 Geo. V. No. 15 9 Geo. VI. No. 10 3 Eliz. II. No. 34.. The Factories and Shops Act of 1900 The Factories and Shops Act Amendment Act of 1908 The Factories and Shops Acts Amendment Act of 1914 The Factories and Shops Acts Amendment Act of 1916 The Factories and Shops Acts Further Amendment Act of 1917 The Factories and Shops Acts Amendment Act of 1920 The Factories and Shops Acts Amendment Act of 1922 The Factories and Shops Acts Amendment Act of 1945 The Factories and Shops Acts Amendment Act of 1954 The whole The whole The whole The whole The whole The whole The whole The whole The whole 7 Eliz. II. No. 5.. 7 Eliz. H. No. 47.. The FactoriesandShopsActsAmendment Act of 1958 The Factories and Shops Acts Amendment Act of 1958 (No. 2) The whole The whole [Section 38 ( 1 ).] SECOND SCHEDULE. Some subjects for rules for the purposes of Part V. Provision L Requiring for the use of persons employed in, or in connection and with the business of, factories or shops or factories and shops, the aomcfacsiounmitteamnboal­ ence fparcotvoirsyionanadndshmopainotfensaunicteabilne, aenffyectoirve,evaenryd fsaucftfoicriyento—r shop or dation, &c. Sanitary and washing con­ veniences. (i.) Sanitary and washing conveniences ; Baths. (ii.) Baths, shower baths, and foot baths;

9 E liz . II. No. 41, 1960. Factories and Shops Act. 345 (iii.) Drinking water supplies, including the installation of Drinking drinking-water fountains or other appliances and watoF. individual drinking vessels ; 8upp es‘ (iv.) Natural lighting and artificial lighting; Lighting. (v.) Natural ventilation and artificial ventilation, and measures Ventilation, to ensure, and when considered necessary or desirable to control, air movement and for carrying off or rendering innocuous fumes, dust, or other impurities that may endanger health or comfort; (vi.) Dressing, clothes drying, and dining accommodation, Dressing rest rooms, and canteens ; accommo­ dation, &c. (vii.) Qualified first-aid attendance and first-aid and ambulance First-aid. equipment ; (viii.) Fire precautions and fire-fighting equipment; and Fire. (ix.) Natural and artificial temperature and humidity, Tempera- or any of these matters and things. ture* 2. Prescribing in respect of all or any of the matters and things mentioned in clause one of this Schedule what shall and shall not be deemed to be suitable, effective, or sufficient; and providing, where considered necessary or desirable, for the provision and maintenance thereof to be to the inspector’s satisfaction. 3. Providing standards for and regulating and controlling, Construction including the prohibition of, the construction of factories and of of factories shops or any of them. and ofshops. 4. The regulation and control and the prohibition of (including Unsafe the provision of safety measures in relation to) dangerous or unsafe places, places and dangerous or unsafe machinery, appliances, and equipment in factories or shops or factories and shops and providing for the determination as may be prescribed of unsafe places, machinery, appliances, and equipment. 5. The regulation and control and the prohibition of (including Unsatis- the provision of safety measures in relation to) unsatisfactory factory factory premises and shop premises and providing for the determination as praxes, may be prescribed of unsatisfactory factory premises and shop premises. 6. Prescribing measures to be taken for the prevention of accidents Accidents, in factories, shops, buildings under construction, buildings partly constructed, or other places, or in any of them; providing for the notification to the inspector of accidents in factories, shops, buildings under construction, buildings partly constructed, or other places, and, where considered necessary or desirable, the holding of inquiries into such accidents ; prescribing all or any matters or things considered

346 Factories and Shops Act . 9 E liz . II. No. 41,1960. Use of material. Duties. necessary or desirable in relation to such notifications and inquiries, including the appointment of persons to hold such inquiries, the powers, functions, authorities, and duties of the persons so appointed, and empowering the directing of measures to be taken for the prevention of the repetition of such accidents. 7. Prohibiting, limiting, and controlling the use of any material or process. 8* Imposing duties not only on occupiers, but also on owners of factories and of shops or premises in or on which factories or shops are situate, persons employed in factories and in shops, and other persons, or on any of those persons. By Authority: S. G. R eid , Government Printer, Brisbane—1960