Factories and Shops Acts Amendment Act of 1945 (9 Geo Vi No. 10) (Qld)

LABOUR. 9 GEO. VI. No. 10, 1945. Factories and Shops ActsAmendment Act. 227 An Act to Amend "The Factories and Shops Acts, 9 N G O EO .1 . 0 V . I. 1900 to 1922," in certain particulars, and FACTTHOERIES AND SHOPS for other purposes. ACTS AMENDMENT ACT OF 1945. [.ASSENTED TO 5TH .APRIL, 1945.] B E it enacted by the King'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 ;- 1. (1.) This Act may be cited as "The Factories Short title, and Shops Acts Amendment Act of 1945," and shall be read as one with *" The Factories and Shops Acts, 1900 to 1922," herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may Collective collectively be cited as "The Factories and Shops Acts, title. 1900 to 1945." 2. (1.) This Act shall, except as is herein otherwise Commence. prOVl' ded, commence and take e . l c l c ect on and f rom a da te ment of Act. to be proclaimed by the Governor in Council by Proclama- tion published in the Gazette, which date is herein referred to as the commencement of this Act. whol(e2.A) c I t t sshhaallll ncoomt mbeennceeceossnartyhteoopnreocdlaaitme, tbhuatt tthhee P :~ a ~ rt l s b a~ & e c d ., , several sections, and/or part or parts of sections may be proclaimed to commence on such dates as are respectively fixed by Proclamation, and for the purposes of this Act any reference therein to the commencement of this Act shall mean the date on which the section, and/or part or parts of the section concerned shall be proclaimed as coming into force; Provided that if the whole Act is not proclaimed in force at the one time, it shall be lawful for the Governor in Council to declare that any specific section or sections of the Principal Act and any regulations made in respect thereto shall remain in force until such time as the corresponding or allied section of this Act and/or any part of any section thereof shall come into operation. * 64 V. No. 28 and amending Acts, v. 4, pp. 690 et seq.

228 LABOUR. FactoriesandShopsActs AmendmentAct. 9 GEO. VI. No. 10, (3.) Any regulations made under the Principal Act shall continue in force until repealed or superseded by any regulation or rule made under the Principal Act as amended by this Act. Amendments of the Principal Act. Amendment 3, Section two of the Principal Act is amended by ofs.2. deleting the words "PART V.-SANITARyARRANGEMENTS" ~ ~ ~ r of and " PART VI.-PROTECTION FROM FIRE" and inserting in lieu thereof the words :- "PART V.-HEALTH AND WELFARE; PART VI.-FACTORIES AND SHOPS WELFARE BOARD." Amendment 4, Section four of the Principal Act is amended as of s. 4. follows :_ [Inter. (a) The definition of " Child" is repealed and a new pretation.] definition is inserted in lieu thereof, namely:- Child. " Child "-Any person under the school-leaving age; (b) A new definition of " Clerk" is inserted after the definition of " Child" as follows : - Clerk. " " Clerk "-The term includes any person employed either exclusively or principally in the pursuit or vocation of writing, engrossing, typing, or calculating, whether by ordinary means or by means of any process calculated to achieve alike result; and/or in invoicing, billing, charging, checking, or otherwise dealing with records, writings, correspondence, books, and accounts of any person, whether employed in trading, law, insurance, manufacturing, buy- ing, selling, forwarding, receiving, recording, or in any other clerical capacity whatsoever;" (c) The definition of "Factory" is amended as follows :- .Factory. (i.) A new provision lA is inserted after provision one as follows:- "(lA) Any boat-building yard, or ship-building yard or dock or dockyard or ship-repairing yard in which any ship or boat is con~ structed, reconstructed, repaired, fitted, refitted, or finished, or broken up."

LABOUR. 229 1945. Factoriesand ShopsActsAmendment Act. (ii.) Provision three is amended as follows:- the words " butter factory" are repealed and the words " a factory engaged in the manufacture of dairy produce, shearing-shed, sawmill, meatworks," are inserted in lieu thereof; also in paragraph (a) of the said provision three the words "reformatory school" are repealed and the words "reformatory school, or prison or reformatory farm" are inserted in lieu thereof; also paragraphs (b), (c), (d), and (e) of the said provision three are repealed. (d) In the definition of "Furniture" the words "lowboys, radio sets, wood-framed refrigerators" are inserted before the word " pianos". (e) A new definition "Industrial Magistrate" is inserted after the definition of "Half-holiday," as follows : - "Industrial Magistrate "-An Industrial Magis- Ind~ strial trate appointed under *" The Industrial magIstrate. Conciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in sub- stitution of the same)." (f) A new definition is inserted after the definition of " Inspector" as follows : - " "Local Authority "-A Local Authority consti- Local tuted pursuant to t" The Local Government Authority. Acts, 1936 to 1943" (or any Act amending or in substitution of the same). The term also includes Brisbane City Council constituted pursuant to t" The City of Brisbane Acts, 1924 to 1943" (or any Act amending or in substitution of the same)." (g) The definition of "Minister" is repealed and a new definition is inserted in lieu thereof, namely :- " " Minister "-The Secretary for Labour and Minister. Employment or other Minister of the Crown for the time being charged with the administration of this Act." * 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et seq. t 1 G. 6 No. 1 and amending Acts, v. 5, pp. 826 et seq. t 15 G. 5 No. 32 and amending Acts, v. 10, pp. 6 et seq.

230 LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10, (h) A new paragraph is inserted in the definition of " Occupier" after the first paragraph as follows:- "For the purpose of any structural altera- tion or building additions required by this Act to be made to a factory or shop, the Chief Inspector may notify the owner of the factory or shop or the person receiving the rent for the same, whether on his own account or on account of any other person, that he will regard him for such special purposes as the occupier of the same, and thereafter the said owner or person shall, for the said purposes, be deemed to be the occupier of the factory or shop." Person. (i) A new definition " Person" is inserted after the definition of " Owner" as follows :- , " Person "-Includes any corporation, company, society, or association, public authority, partnership, or firm, or any body of persons corporate or unincorporate." (.) In the definition of" Prescribed" the words" or the egulations " are repealed. k) A new definition "School-leaving age" IS inser ed after the definition of "Regulations" as folio S:- School- leaving age. " "School-leaving age "-Means the age for the time being prescribed in section twenty-eight of *" The State Education Acts, 1875 to 1940 " (or any Act amending or in substitution of the same) in respect of which a parent of a child is compulsorily required to cause such child to attend a State school or a Provisional school until attaining such age." (l) The definition of "Shop" is amended by addi g a new paragraph to the definition as follows : - " For the purposes ofthis Act, any premises used as an office shall be deemed to be a shop, provided that Parts II., VII., VIII., and VIllA. of this Act shall not apply to such premises. An office shall be deemed to' be any place where one or more clerks is or are engaged." * 39 V. No. 11 and amending Acts, v. 3, pp. 177 et seq.

LABOUR. 231 1945. Factories and Shops Acts Amendmwnt Act. (m) A new definition "This Act" is inserted after the definition of " Shop" as follows : - " "This Act "-This Act and all Proclamations, This Act. Orders in Council, Rules and Regulations made thereunder. (n) The definition of "Young person" is amended by deleting the words "age of fourteen years" and inserting the words" school-leaving age" in lieu thereof. 5. Section five of the Principal Act is amended as Amendment follows :_ of B. 5. . The following words are inserted before the com- mencement of the said section, namely :- "The provisions of Parts V. and VI. of this Act [Application shall apply and extend throughout the State : ~ r'; i~ :~ whole of the Provided that, with respect to the provisions of this State.] Act other than the said Parts V. and VI.-" o [ C f on D ~ l t s i t t r ~ lc t t i s o . n ] Subsections one, two and four are renumbered paragraphs (i.), (ii.) and (iii.) and shall constitute the provisoes to this Act. 6. All Orders in Council in force at the commence- Saving of ment of this Act and made under section five of the g~ : :1/ n Principal Act shall, subject to this Act, be and continue un~ er. 8. 5 of in force until otherwise modified or rescinded pursuant ~ ~ Clpal to the said section five as amended by this Act. 7. In section seven of the Principal Act all words Amendment from "Such notice shall" occurring at the end of ~ ~ s. :. the first paragraph to the end of the section are repealed tra~ fo~ of . and the following words are inserted in lieu thereof, ~ e, ; namely, "and also accompanied by the registration fee,:'d o: ~ ~ ~ s. ] payable by him as prescribed. Every occupier or intending occupier who fails to comply with the provisions of this section shall be liable to a penalty of not less than one pound and not exceeding ten pounds. Upon the receipt of such notice and on payment of the prescribed registration fee by the occupier or applicant, the inspector may- (a) Register the premises and issue to the applicant a certificate of registration;

232 LABOUR. Factories and Shops Acts An~ endment Act. 9 GEO. VI. No. 10, (b) Issue to the' applicant a permit authorising the use of the premises as a factory or shop for a period to be named in the permit, pending the carrying out of any alterations or repairs required to make the premises suitable for a factory or a shop as the case may be; (c) Refuse to register the premises as a factory or shop. The certificate of registration of a factory or shop or permit, as the case may be, shall' be in the form prescribed and shall specify the name and address of the occupier and the address and situation of the factory or shop and the nature of the work or the class of business to be carried on therein and of the maximum number of employees of each sex who may be employed therein at anyone time. Where by reason of the destruction of his premises by fire, flood, storm, or other accident, an occupier of a registered factory or shop is compelled to provide new premises, a provisional certificate may be granted to him by the inspector empowering him to occupy tem- porary premises as a factory or shop during such reason- able period as may be required for the rebuilding or refitting of his factory or shop." Amendment 8. Section eight of the Principal Act is amended ofe.8. as follows:- [Occupier to (a) In the second paragraph after the word oginvevancoattiicneg "penalty" the words "not less than one pound and" factory or are inserted. shop.] (b) A new paragraph is added to the said section as follows : - Notice. " Where in any registered factory or shop there is a :: : :e~ ; ill change in the nature of the work or the class of business w:ork to be carried on for which the premises have been registered, r=~ : ~r. or where there is any extension of the premises constituting the registered factory or shop or where the number of employees has been increased beyond the maximum number of persons allowed in the certificate of registration or as determined pursuant to the provisions of Part V. of this Act the occupier shall, within thirty days of the change or extension, as the case may be, notify the inspector of the change or extension, and if he fails so to do the factory or shop shall be deemed to be unregistered."

LABOUR. 233 1945. Factories and Shops Acts Amend;ment Act. 9. Section nine .of the Principal Act is repealed Repeal and the following new section is inserted in lieu thereof, : . n~ . new namely:- "[9.J A registration fee shall be paid in respect of [Fees.] every factory or shop by the occupier thereof to the amount specified in Schedule 1. of this Act, and a like Schedule I. fee shall be paid for the renewal of the registration in each and every year on or before the thirty-first day of January in each succeeding year: Provided that when any new factory or shop is opened during any year after the thirtieth day of June, the fee to be paid on registration for the balance of that year shall be one-half of the rate prescribed in the said Schedule. If any fee payable under this Act is unpaid at the expiration of one month from the due date, the factory or shop in respect of which the fee is payable shall be deemed to be an unregistered factory or shop. For the purposes of this section the occupier of every factory or shop shall, on first applying for registra- tion and thereafter at each annual renewal, furnish to the Chief Inspector or other officer authorised ,by him in that behalf a statement in the prescribed form, certifying to the number of persons employed in such factory or shop at the date on which payment of the registration fee is made; and such particulars shall be entered in a register to be kept by the Chief Inspector for that purpose. Any person in occupation of an unregistered factory or shop shall be liable to a penalty of not less than.one pound and not exceeding ten pounds, unless such person holds a subsisting permit under this Act authorising him to occupy the factory or shop." I O. Section ten of the Principal Act is repealed Repeal and and a new section ten is inserted in lieu thereof, new s. 10. namely:- " [10. J The owner of any premises shall, before Notification permitting any person to occupy such premises as a hy owner. factory or shop, notify the chief inspector or the local inspector of the projected occupation of such premises as a factory or shop."

234 LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10, A.mendment 11. Section eleven of the Principal Act is amended of s. H. as follows :_ [Powers of inspectors.] (a) A new provision (ii.) is inserted after provision (i.) as follows:- "(ii.) Institute authorised proceedings for breaches of this Act ; ". (b) In paragraph (c) of provision (i.) the words " or of the Regulations" are repealed; also in paragraph (d) of the said provision (i.) the words "or the Regulations" are repealed; also in provision (iii.) the words" or the Regulations" are repealed and in provision (iv.) the words" and the Regulations" are repealed. (c) The last three paragraphs (being all words from " Every occupier" to " by this Act") are repealed, and the following paragraphs are inserted in lieu thereof, namely:- ' Occupiers to " Every occupier and owner of a factory or shop and allow entry his agents, employees, and servants shall afford to the ainnsdpection. inspector all reasonable facilities and all such information as may reasonably be required by him for the exercise of his powers under the provisions of this Act. Report to Every breach or contravention of this section shall ICnhsipeefctor. be reported to the Chief Inspector by the inspector." Amendment 12. Section twelve of the Principal Act is amended of s. 12. by inserting after the word "penalty" the words "of [Obstructing not less than one pound and"; also the words " or the r:Spector.] Regulations" where they twice occur are repealed. Amendment 13. Section twenty-four of the Principal Act is of s. 24. repealed and the following section is inserted in lieu [Records.] thereof, namely :- " [24.] Every occupier of a factory or shop shall keep and have available for inspection by an inspector a complete record of all employees who are for the time being or who were in his employment at any time during the period of six months immediately preceding the date of any inspection showing their designation, rate of wages, and times of starting and ceasing work respectively."

LABOUR. 235 1945. FactoriesandShopsActsAmendmentAct. 14. Section twenty-five of the Principal Act IS Amendment amended as follows;- of s. 25. [Sweating.] (a) Subsection one is repealed and the following subsection one is inserted in lieu thereof, namely;- " (1.) The following provisions shall apply in every case where the occupier of a factory or shop lets or gives out work of any description to be done by any person elsewhere than in the factory or shop." (b) In subsection two after the word " factory" the words " or shop " are inserted. (c) In subsection three after the word" penalty" the words" of not less than one pound and" are inserted. (d) In subsection four after the word" factory" the words "or shop" are inserted; also after the word " penalty" the words "not less than one pound and " are inserted. , (e) Subsection five is amended by inserting, in the first paragraph, after the word "factories" the words " and shops "); also in paragraphs (b) and (c) after the word " factory" wherever occurring the words " or shop " are inserted. (f) In subsection six after the word "factory" the words " or shop " are inserted. (g) In subsection seven after the word" factories" where it twice occurs the words "and shops" are inserted. 15. Section 25B of the Principal Act is amended by Amendment inserting after the word "factory" twice occurring the of s. 25B. words " or shop." 16. In subsection three of section twenty-six of Amendment the Principal Act the words "or the Regulations" are of s. 26 (3). repealed. 17. PART V.-SANITARY ARRANGEMENTS, beingPartsV.and sections twenty-seven and thirty-one and PART VI. , _ V an I d . nreepweaPleadrt PROTECTION FROM FIRE, being sections thirty-nine, v. inserted.

236 LABOUR. Factories and Shops Acts A1nendment Act. 9 GEO. VI. No. 10, forty-one and forty-two of the Principal Act are repealed and the following Part V. (and sections twenty-seven to thirty) are inserted in lieu thereof, namely:- "PART V.-HEALTH AND WELFARE. WHRue" la,ellfstahraesa. ntod of em[ 2p7l. o]y ( e 1 e . s ) , Faonrd sfeocrurtihneg btheettebretstaenr ihtaetailotnh oanf dfacwteolrfiaerse, workrooms, shops, and all appurtenances thereto the Governor in Council may, from time to time by Order . in Council, make rules with respect to all or any of Schedule n. the matters and things mentioned in Schedule Il. of this Act. Co-operation (2.) (i.) For the more effectual performance of the t~ t; : ~ ents functions, powers and authorities under thi~ Part, there of Labour shall be mutual co-operation and consultatIOn between ~ : Pl t the Department of Labour and Employment and the and Iie~ : ~ Department of Health and Home Affairs in the adminis- a A n ff d alI .H 'B o . me tration of this Part of this Act. (ii.) Before approval is given to any rules made under the authority of this section, regard shall be given to any recommendations of the Director-General of Health and Medical Services appointed under *" The Health Acts, 1937 to 1943" (or any Act amending or in substitution therefor) in relation thereto. Rules [28.] Until otherwise provided, the rules set forth pSrcehsecdruibleed in in Schedule Ill. of this Act shall be and be deemed Ill. rules made by the Governor in Council pursuant to section twenty-seven of this Act, and such Schedule shall be read and construed accordingly. Power to 8Illend rules. . [29.] (1.) If it is made to appear to the Governor in Council that it is expedient to rescind, amend, add to or otherwise modify any rules for the time being in force and set forth in Schedule Ill. of this Act either generally or in respect of any particular class or classes of factories and/or shops, the Minister shall publish a notice stating the intention of the Governor in Council to exercise such power and the extent to which the rules are intended to be so dealt with. (2.) Every such notice shall be published in the Gazette and otherwise as the Minister dIrects. * I G. 6 No. 31 and amending Acts, v. 3, pp. 891 et seq.

LABOUR. 237 1945. Factoriesand ShopsActsAmendment Act. The last day on which such notice is published in the Gazette shall be deemed to be the day of the publication thereof. " (3.) If within three months (or such shorter time as the Governor in Council may if he considers it desirable in the public interest in any particular case so to do and as designated in the notice concerned) after the day of the publication no sufficient cause is shown to the Governor in Council why the power proposed to be exercised, should not be exercised, the Governor in Council may exercise such power with respect to the said rules. (4.) Rules made or deemed made under this Part Rules may may impose for any breach thereof a penalty including impols~ a ml.llI. mum penaIty and a maX.Imum penaIty £ or a first pena tIes. offence and for a greater minimum penalty and greater maximum penalty for any second or subsequent offence. [30.] (1.) Any owner, occupier or other person in Penalty for charge of a factory or shop or other premises, shall be obstruction, guilty of an offence against this Part (including the rules &c. made thereunder and for the time being in force) who- (a) In any manner obstructs or impedes any inspector or other person in the execution of any of the powers conferred by this Part; or (b) Disobeys or neglects, or refuses to comply with any provision of this Part, or any requirement, order, notification, or direction given or made in pursuance thereof. (2.) Except as may be specially provided in the General Rules, any person who contravenes the provisions of this penalty. Part or who refuses or fails "to comply with any notice, requirement or order of the inspector made thereunder shall be guilty of an offence and on conviction he shall be liable to a penalty of not less than one pound and not exceeding fifty pounds for the first offence and for any second or subsequent offence against the same or any other provision in the said Part to a penalty of not less than five pounds nor more than one hundred pounds. In addition to the penalty hereinbefore in this section prescribed, a person shall be liable to a daily penalty not exceeding two pounds for each and every day during which an offence against any provision in this Part is continued by him after a conviction therefor."

238 LABOUR. FactoriesandShopsActs AmendmentAct. 9 GEO. VI. No. 10, New Part VI.- Factories and Shops Welfare Board. Appoint- ment of Fact.ories and Shops Welfare Board. 18. A new Part-PART VI.-FACTORIES AND SHOPS WELFARE BOARD (being sections thirty-one and thirty-two) is inserted after Part V. previously inserted, as follows~ - "PART VI.-FACTORIES AND SHOPS WELFARE BOARD. [31.] (1.) There shall be constituted a Factories and Shops Welfare Board (herein referred to as "the. Board") which shall, except as hereinafter provided~ consist of three members who shall be appointed by the Governor in Council by Order in Council. Members. Where the number of members consists of three persons one of such members, who shall be appointed chairman of the Board, shall be the person who for the time being holds either the office of Chief Inspector of Factories and Shops or the office of Deputy Chief Inspector of Factories and Shops. One of such members shall be representative of employers and the other shaH be representative of employees. The members (other than the chairman, Chief Inspector or Deputy Chief Inspector of Factories and Shops) shall hold office at the pleasure of the Governor in Council. Subject to this provision they shall be appointed for a term of three years but shall be eligible for reappointment; and moreover they shall be paid such remuneration or fees and travelling expenses as may be prescribed: . Provided that the Governor in Council may from time to time in any subsequent Order in Council increase the number of members to a maximum number of fiVE persons (including the three members above-mentioned), indicating the representation of the additional member or members appointed thereby accordingly. Regulations may be made prescribing the business and proceedings of the Board, the meetings, quorum, filling of vacancies, and temporary absence of chairman or member of the Board from meetings and the keeping of proper minutes and records of the proceedings: Provided that the chairman shall have a deliberative vote and also a casting vote. Duties of Board. (2.) It shall be the duty of the Board- (a) To investigate and make recommendations to the Minister in respect of special measures necessary to secure the safety or health of

LABOUR. 239 1945. Factories a,nd Shops Acts Amendlment Act. employees and in respect of matters relating to the welfare of employees, the prevention of accidents in factories and shops, and the provision of facilities for medical or first- aid attention, rest, recreation, meals, changing and protection of clothing, and washing; and to collaborate with organisa- tions of employers and of employees and authorities engaged in technical research in relation to the foregoing matters; (b) To investigate and report on any matter referred to it by the Minister in relation to the safety, health, and welfare of employees in factories and shops and the housing of such employees. (3.) Where the Minister is satisfied, upon the Power to report and/or any recommendation of the Board make orders. constituted under this Act, that any manufacture, machinery, plant, flooring, lighting, appliance, equip- ment, material, process or description of manual labour, used in any factory or shop or class or description of factories or shops, is of such a nature as to require special measures to be taken for securing the safety or health of persons employed in connection therewith, or any class of those persons, or that facilities for medical or first-aid attention, rest, recreation, meals, changing and protection of clothing, and washing, are necessary or desirable in the interests of persons employed in any factory or shop, or class or description of factories or shops he may, subject to the provisions of this Act- (a) Recommend to the Governor in Council the making of any necessary Regulations or Rules; or (b) Authorise the Chief Inspector to issue an order directing the occupier or occupiers of such factory or shop or class or description of factories or shops to make such provision or to take such steps or to observe such prohibitions, restrictions, precautions, or obligations or to provide such facilities; as appear to him to be reasonably practicable and to meet the necessity of the case.

240 LABOUR. FactoriesandShopsActs AmendmentAct. 9 GEO. VI. No.IO, Any such order shall be deemed for the purposes .of this Act to be an order under Part V. thereof and shall be enforceable accordingly. (4.) Where the Chief Inspector has, under the pro- visions of subsection three of this section, made an order in respect of any factory or shop or class or description of factories or shops and the requirements of such order have not been complied with in respect of any factory or shop to which such order applies within the time specified therein, then such factory or shop shall be deemed to be not kept in conformity with Part V. of this Act, and in that event, the provisions of Part V. shall apply and extend accordingly. (5.) Regulations or Rules so made may apply to all factories or shops in which the manufacture, machinery, plant, appliance, equipment, material, process, or description of manual labour is used (whether existing at the time when the regulations are made or afterwards established) or to any specified class or description of such factories or shops. Such Regulations or Rules may provide for the exemption of any specified class or description of factories or shops, either absolutely or subject to conditions and may also impose duties on certain persons, and may impose penalties for any breach of the Regulations or Rules not less than one pound and not exceeding twenty pounds. Consultation [32.] The provisions of subsection two of section with twenty-seven· of this Act shall mutatis mutandis apply ~ : ~ :~. in respect of the Factories and Shops Welfare Board." Amendment 19. Section forty-four of the Principal Act is of s. 44. amended by adding at the end thereof, the words" and six months." Repeal of and new s.45. Premiums prohibited. 20. Section forty-five of the Principal Act is repealed and a new section forty-five is inserted in lieu thereof, namely:- "[45.] Any person who demands, accepts, or agrees to accept any consideration, premium, gift, forbearance, or allowance in connection with the employment of any person by him in any factory or shop shall be liable to a penalty of not less than one pound and not exceeding fifty pounds."

LABOUR. 241 1945. Factoriesand ShopsActsAmendment Act. 21. Section 45A is repealed and a new section 45A Repeal of I.S.Inserted· III 1l· eU thereo f , name1y:-- , sa. n4d5Ane. w "[45A.] (1.) The occupier shall, on the request of any Certificate person leaving employment in the factory or shop, : e~ ~ : loy. give to such person a certificate under his hand in the prescribed form stating correctly the period during which such person has been so employed. (2.) If any occupier refuses or neglects to give any such certificate on the request of any person employed by him, or gives any such certificate knowing the same to be false, he shall be liable to a penalty of not less than one pound and not exceeding twenty pounds." 22. Section forty-six of the Principal Act is repealed Repeal and a new section forty-six is inserted in lieu thereof, ~ ~ ttew namely:- "[46.] (1.) No male person under eighteen years of Working age, and no female shall be employed continuously in a ~~~;~:ed for factory or shop for more than five hours without an male young interval of at least half an hour for a meal. fe~~l~: ~d . factories and (2.) No male person under sIxteen years of age shops. and no female shall be employed in a factory or shop for more than forty-four hours in anyone week: Provided that any such person may be employed overtime in a factory or shop for a period not exceeding three hours in any day beyond the ordinary working hours on not more than twenty-four days in the year, or by the written permission of the Minister, where he is satjsfied that an extension of overtime is required to meet the exigencies of trade, for not more in all than forty occasions in a year. No such person, however, may be employed over- time on more than three days in anyone week, and such overtime shall be paid for at the rate of not less than time and a-half, and any person who is employed overtime shall, in addition to overtime payment, be paid not less than one shilling and sixpence for meal money in respect of each day upon which he is so employed. Such payment shall be made at intervals of not more than one fortnight. (3.) The ordinary working hours for such employees shall not extend beyond six 0' clock in the evening of Monday, Tuesday, Wednesday, Thursday, and Friday, nor beyond one o'clock after noon on Saturday. In

242 LABOUR. Factories and Slwps Acts Arnendment Act. 9 GEO. VI. No. 10, districts, however, where the weekly half-holiday for shops is some day of the week other than Saturday, the ordinary working hours for such employees shall not extend beyond one o'clock after noon on that day, and shall not extend beyond six o'clock in the evening of Saturday. (4.) The total number of hours worked by any male young person or female, exclusive of overtime and time allowed for meals, shall not exceed ten hours in each twenty-four hours. (5.) No occupier shall employ a male under sixteen years of age or a female- (a) In any factory; or (b) In the business of but outside any factory, between the hours of six o'clock in the evening and six o'clock in the morning, unless in the case of overtime and subject to the restrictions contained in this section: Provided that where it is proved to the satisfaction of the Minister that the customs or exigencies of the trade carried on in any class of factories or parts thereof, either generally or situated in any particular locality, or other reasons, require or make it desirable that such trade should be exempted from the operation of this section, he may by order grant to such class of factories or parts thereof a special exemption for such time as he thinks fit. (6.) No male young person or female shalt lw employed in a factory at all on Sunday. (7.) No such employee shall be employed in a factory after thirty minutes past nine o'clock in the evening on any week day, nor at all during the half-holiday.' (8.) The total number of hours worked by any such employee, including ordinary working hours and over- time, shall not exceed fifty-two hours during anyone week. (9.) Notice of the intention to so work overtime shall be in the prescribed form, and shall in every case be delivered or sent to the inspector so as to be received by him not later than three o'clock after noon of the same day on which such overtime is to be worked; the written permission to work overtime shall also be affixed to the wall in a conspicuous position in the factory, and there maintained. Every such permission shall state the

LABOUR. 1945. Factoriesand ShopsActsAmendment Act. number and names of such employees, distinguishing between male and female, proposed to be employed overtime, and shall also state the names of all those who are females under eighteen years of age or male young persons. (10.) The occupier shall keep a record of all such overtime, and shall note against the name of each person so employed the hours of overtime worked by him or her, and shall furnish a copy of such record to the inspector when called upon to do so. (11.) In cases of sudden unforeseen press of work overtime may be worked without the written permission of the inspector, if notice in writing is served upon him by the occupier within twenty-four hours after the commencement of such overtime containing full particulars upon which the occupier relies that such working overtime was bona fide for the purpose of meeting a sudden unforeseen press of work. But an occupier shall not under any circumstances be allowed the foregoing privilege for more than ten times in one year, and if the Minister is not satisfied in any case that such working overtime was bona fide to meet a sudden unforeseen press of work, he may, for the remainder of the year, entirely withdraw such privilege. This subsection shall not be construed to entitle any occupier to work any male young person or female overtime in excess of the limit of forty occasions herein- before mentioned. (12.) All work done by a male young person or female who is an employee in a factory for the occupier outside the factory, whether the work is or is not connected with the business of the factory, shall be deemed to be done whilst employed in the factory, and the time shall be counted accordingly. (13.) A male young person or female shall not be employed in the business of a factory outside. the f~ctGry;. on any day during which such employee is employed in the factory both before and after the dinner hour. (14.) All the provisions of this section shall apply to all employees engaged in or in connection with a laundry at work which is usually performed by females in a laundry." 243

244 LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10, Amendment 23. In subsection four of section forty-seven of of s. 47. the Principal Act the words "fourteen years of age" are repealed and the words" of the school-leaving age" are inserted in lieu thereof. Repeal of 24. Section fifty-one of the Principal Act is repealed s a . n 5 d 1 n . ew annadmaelnye:w- section fifty-one is inserted in lie.u thereof, Closing "[51.] Subject to the provisions of this Act, all shops hours, shops. shall be closed on the business days of every week at the hours following, namely :-On the evening of Monday, Tuesday, Wednesday, Thursday, and Friday at the hour of six o'clock, and on the afternoon 0:( Saturday at the hour of one 0' clock, and also shall be closed during the whole of every Sunday: Provided that, in cases where industrial awards provide that the ordinary working hours of employees shall cease at an earlier hour than that prescribed as the closing hour herein, such ceasing time shall be regarded as the closing hour for the shops or classes of shops affected by such awards: Provided also that on the business day next preceding Christmas Day the occupier may keep his shop open up to the hour of ten 0' clock in the evening, and shall thereafter remain closed until the lawful opening hour on the next trading day." Repeal of 25. Sections fifty-two and fifty-three of the ss. 52 and 53. Principal Act are repealed. Amendment 26. Section fifty-four of the Principal Act is of s. 54. amended as follows : - (a) The second paragraph of subsection one is repealed. (b) Subsection two is repealed. (c) In subsection seven the words "forty days" are repealed and the words "forty occasions" are inserted in lieu thereof. (d) In subsection eight the word" two" where it last occurs is repealed and the word " three" is inserted in lieu thereof. (e) In subsection nine the words" six pence" are repealed and the words "one shilling" are inserted in lieu thereof.

1945. LABOUR. , Factoriesand ShopsActsAmendmentAct. (f) In subsection ten the words "six pence" are repealed and the words " one shilling and six pence" are inserted in lieu thereof; also the words "tea money" are repealed and the words " meal money" are inserted in lieu thereof. (g) In subsection fourteen the words" tea money" are repealed and the words "meal money" are inserted in lieu thereof; also the words "forty days" are repealed and the words "forty occasions" are inserted in lieu thereof. (h) Subsections seventeen and nineteen are repealed. (i) Subsection eighteen is repealed and a new subsection is inserted in lieu thereof, namely:- " (18.) The occupier of a shop in which or in con- nection with which any contravention of this section occurs shall be liable for the first offence to a penalty of not less than one pound and not exceeding five pounds, and for every second or subsequent offence whether or not of the same kind to a penalty not less than two pounds and not exceeding twenty pounds." 245 27. SectioI). fifty-five of the Principal Act is Amllndment amended as follows : - ofa.55. (a) Subsections one and two are repealed and the following new subsection is inserted in lieu thereof, namely:- "(1.) Subject to this section, no occupier of any HOi s of shop exempted under the provisions of this Part of this i: ~ : ~ ; ~ ~ Act shall employ any employee in or about or in con- shops. nection with his shop (or where an employee is employed partly in shop duties and partly in domestic duties then for the whole of such duties) for a longer period than fifty-three hours in anyone week, nor any male person under the age of sixteen years or female for a longer period than ten hours in anyone day, exclusive of such time as may be allowed for meals." (b) In subsection five the word "fourteen" is repealed and the word "twelve" is inserted in lieu thereof; also the word " ten " is repealed and the word " nine " is inserted in lieu thereof.

246 LABOUR. Fact01'ies and Shops Acts Amendment Act. 9 GEO. VI. No. 10, (c) Subsections seven and eight are repealed and new subsections seven and eight are inserted in lieu thereof, namely:- " (7. ) No waiter or waitress employed by the occupier of a confectioner's shop or restaurant or refreshment shop shall be employed later than eight o'clock in the evening unless overtime payment be made in respect of work after that hour at not less than the rate of time and a-half. (8.) All employees in such exempted shops shall have a half-holiday from the hour of one o'clock in the day on some working day of each week. The said half- holiday shall be on some day other than Sunday." Amendment 28. In section fifty-six of the Principal Act the of s. 56. words" *" The Industrial Arbitration Act of 1916 " " are repealed and the words" t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942 " (or any Act amending or in substitution of the same)" are inserted in lieu thereof. Amendment 29. Section 56A of the Principal Act is amended by of S. 56A. .deleting the words" forty-eight" in the first paragraph and inserting the words" forty-four" in lieu thereof; also by inserting the words "trucks or other vehicles " after the word" horses." The fourth proviso beginning with the words " Provided also" and ending with the words "ice- cream" is repealed; also the words" *" The Industrial Arbitration Act of 1916" " where they twice occur are repealed and the words " t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in substitution of the same)" are inserted in lieu thereof. Amendment 30. The proviso to section fifty-seven of the of s. 57. Principal Act is repealed and the following provisoes are [Special inserted in lieu thereof, namely :- provisions as to "Provided that where the Minister shall think it sehxoepmsp.] ted desirable in the public interest so to do, he may modify any agreement in connection with the half-holiday or- closing hours in connection with chemists and druggists' shops, and such agreement so modified when published * 7 Qeo. v, No. 16 (vo!. IX., p. 7538 rep.). t 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et seq.

LABOUR. 247 1945. Factoriesand ShopsActsAmendment Act.. in the Gazette shall be final and binding upon all persons concerned: Provided in any such modification the Minister may direct that one or more of such chemists and druggists' shops shall be kept open after the closing hours agreed upon and or modified to meet the needs of the public as may be arranged among the chemists and druggists concerned and whether by rotation or otherwise: Provided further that, notwithstanding any such agreement or agreement as modified aforesaid as to the half-holiday or the closing hours in connection with chemists and druggists' shops, it shall not be unlawful for the occupier of or any employee in any such shop to supply at any time medicine or any surgical appliance that is urgently required." 31. Section fifty-eight of the Principal Act is Repeal of repealed and a new section fifty-eight is inserted in lieu : ~ t8~ ew thereof, namely:- "[58.] (1.) If any occupier fails or neglects to close Keeping his shop at the hour prescribed, or fails to keep it closed ~ : i0pen after the hour prescribed and until the lawful opening hour pres:ribed of the next trading day, he shall be liable to a penalty hour. not exceeding five pounds for the first offence and for any second or subsequent offence to a penalty of not less than two pounds nor more than twenty pounds. (2.) If any employee is employed by any occupier Keeping in the ordinary course of the occupier's business in any sh°P t t shop later than half an hour after the prescribed closing : r~ ~ '::rs. hour, or otherwise contrary to the provisions of this Part of this Act, the occupier shall be liable to a penalty of not less thaIl one pound and not exceeding ten pounds. (3.) If any occupier suffers or permits any employee Working on to work in his shop or remain therein on the half-holiday half-holiday. he shall be liable to a penalty of not less than one pound and not exceeding ten pounds." 32. Section 58H of the Principal Act is amended Amendment by inserting the words "lowboys, radio sets, wood-framed of B. 58H. refrigerators," after the word" wardrobes." 33. Section 58J of the Principal Act is amended by Amendment inserting after the word "penalty" the words " of not oh. 58J. less than one pound and". 34. In section fifty-nine of the Principal Act the Amendment words " or the Regulations" are repealed. of s. 59.

248 LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10. Amendment 35. In section 59A of the Principal Act the words of s. 59A. " *" The Industrial Arbitration Act of 1916" " are repealed and the words " t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in substitution of the same)" are inserted in lieu thereof. The following provision is also added to the said section 59A, namely:- "Nothing in this Act shall limit the operation or effect of any of the provisions of t" The Apprentices and Minors Acts, 1929 to 1934" (or any Act amending the same) and whenever any provision of this Act is incon- sistent with the provisions of such first-mentioned Acts~ such first-mentioned Acts shall prevail." A of m s. e 5 n 9 d B m . ent "*" 3 Th 6 e . I I n n du s s e t c r t i i a o l n A 5 rb 9B itra o t f io th n e Ac P t r o in f c1i9p1a6l " A"ctartehreepweoarledds and the words " t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in substitution of the same)" are inserted in lieu thereof. Amendment 3 7. Section sixty of the Principal Act is amended of s. 60. as follows : - (a) The words "The Governor in Council" to " namely" are repealed and the following words are inserted in lieu thereof, namely :- Regulations. "The Governor in Oouncil may from time to time make Regulations providing 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 convenient to carry out the objects and purposes of this Act. Without limiting the generality of such power to make same, Regulations may be so made with respect to-· " (b) In paragraph fifteen the words "or police" are repealed. (c) A new provision 17 A is inserted as follows:- " (17 A) Imposing penalties, but not in any case exceeding fifty pounds for breaches of the Regulations, including the imposition of any minimum penalty for any second or subsequent breach of the Regulations and whether of the same or of a different kind of offence." * 7 Geo.' V. No. 16 (vol. IX., p. 7538 rep.). t 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et 8eg. :j: 20 G. 5 No. 37 and amending Acts, v. 4, pp. 663 et seg.

LABOUR. 249 1945. Factoriesand ShopsActsAmendmentAct. (d) Section sixty is renumbered subsection one of section sixty and a new subsection two is inserted as follows : - " (2.) The power to make Regulations pursuant to the above powers under subsection one of this section shall include the power to make specific regulations applicable to any particular factory or shop or part of anyone factory or shop thereof, or any particular class of factory or shop, which specific Regulations may differ from the Regulations made pursuant to such above powers under the said subsection one. And without limiting the above, such Regulations may specify a range of materials to be used; methods, plans, or designs to be followed; situation and minimum or maximum measurements, or sizes to be adhered to; or classes of furniture, vessels, utensils, fittings, or equipment to be used in carrying out the requirements thereof and may provide a period within which such requirements may be carried out." 38, In section sixty-one all words after " first Amendment offence" are repealed and the following words are of s. 61. inserted in lieu thereof, namely :-, " 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." 39. Section sixty-two of the Principal Act is Amendment amended by deleting the words "ten pounds" and of s. 62. inserting the words "twenty pounds" in lieu thereof; also by deleting the word" justices" and inserting the words" industrial magistrate'" in lieu thereof; also the words" or the Regulations" and the words" or of the Regulations" are repealed. 40. In section sixty-three of the Principal Act the Amendment words" or the Regulations" where they twice occur of s. 63. are repealed. 41. A new section 64A is inserted after section New s. 64A. sixty-four of the Principal Act as follows:- " [64A.] Any person who shall wilfully deface, injure, Wilful d.amage or destroy in any manner whatsoever any part or damage. section of any building or any furniture, fittings or other

250 LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10, appurtenances thereto which have been provided at any factory, shop or other premises in accordance with this Act may be proceeded against before an industrial magistrate, by an inspector or the owner, occupier, or person in charge of such premises and shall on conviction be liable to a penalty of not less than one pound nor exceeding fifty pounds in addition to any damages awarded against him on account of such wilful defacement, injury, or damage." Repeal of and new s.65. General provisions as to penalties [and fees.] 42. Section sixty-five of the Principal Act is repealed and a new section sixty-five is inserted in lieu thereof, namely:- "[65.] (1.) All penalties and fees imposed by this Act may be recovered summarily by complaint before any industrial magistrate within the meaning of *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in substitution of the same). (2.) Every person guilty of an offence against this Act for which no other penalty is provided, shall for the first offence be liable to a penalty of not less than one pound and not exceeding five pounds, and for every subsequent offence to a penalty of not less than two pounds and not exceeding ten pounds. Ne;>. . (3.) Where by this Act a minimum penalty is pro- m m~ I t n I. I g m at u l m On of vided in respect of an offence it shall not be competent penalty. for the adjudicating court to mitigate the penalty to be imposed by it to any amount below such minimum. Decision of . (4.) The decision of the industrial magistrate shall, imnadguissttrriaatle. ssuubbjjeecctt ttoo thteheRengeuxltatisouncscetehdeincgostssubosfetchtieonprobceeefdiinnagls; shall be in his discretion. Appeals. (5.) (i.) Either party to the proceedings before such industrial magistrate may appeal from his decision. (ii.) Such appeal shall be made to the Full Bench of the Industrial Court constituted pursuant to the pro- visions of *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942" (or any Act amending or in sub- stitution of the same) the place for hearing and all pro- ceedings on such appeal shall be as prescribed by Rules * 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et 8eg.

LABOUR. 251 1945. Factoriesand ShopsActsAmendmentAct. of Court under such lastmentioned Act as referring to appeals from industrial magistrates to the Industrial Court: Provided that unless the court orders that additional evidence shall be taken, the appeal, which shall be by way of rehearing, shall be heard and determined upon the evidence and proceedings before the industrial magistrate concerned. (iii.) Subject to the Regulations the costs of appeal shall be in the discretion of the court. Until otherwise so prescribed the rules of court for the time being in force as to appeals from industrial magistrates to the industrial court shall, mutatis mutandis, apply and extend herein accordingly. . (iv.) No prosecution for any breach or contravention No . of the pro,?sions of thi~ ~ ct shall be in~ titl! ted without ~~~ ~~~ tlOn the authorIty of the MInIster or the chIef Inspector." authority of Minister or Chief Inspector. 43. Section sixty-six of the Principal Act is amended Amendment by deleting the word "justices" twice occurring and by of s. 66. inserting the words "industrial magistrate" in lieu thereof; also the words "or the Regulations" (twice occurring therein) and the words" and the Regulations" are repealed. 44. Section sixty-seven of the Principal Act is Repeal of repealed and the following section is inserted in lieu ~ e~ B~ ~ . thereof, namely:- " [67.] Any written notice, requirement or order in Service of. WrI 'tI' ng made yban'Inspector'In pursuance 0 f this A C t o or r d s e ~ r o no n tl s C : e shall be deemed to be duly served upon the owner, occupier or any person in charge of a factory or shop if such notice, requirement, or order is either served personally or by being left at such factory or shop, or by being posted to such owner, occupier or person in charge by registered post addressed to his usual or last known address. " 45. Section sixty-eight of the Principal Act is ~~ ~1Fent amended as follows : - (i.) In the first paragraph at the commencement Gene. r~ of the section the words "or the Regulations" are ~~~on repealed. proceedings before indnstrial magistrates.

252 LABOUR. Factoriesand ShopsActs AmendmentAct. 9 GEO. VI. No. 10, (ii.) In paragraph (i.) the word "justices" is repealed and the words "Industrial magistrate" are inserted in lieu thereof. (iii.) In paragraph (iv.) the words" a justice" are repealed and the words " an industrial magistrate" are inserted in lieu thereof; also the words " or the Regula- tions " are repealed. (iv.) In paragraph (vi.) the words" the justices" are repealed and the words " an industrial magistrate" are inserted in lieu thereof; also the words " or the Regula- tions " are repealed. (v.) Paragraph (vi.) is renumbered paragraph (v.). (vi.) A new paragraph (vi.) is inserted after para- graph (vi.) now re-numbered (v.) as follows:- (vi.) (a) Where it is material to prove the due making and/or contents of any notice, requirement or order signed by an inspector then, and in every such case, any document purporting to be such notice, requirement or order so signed by an inspector or purporting to be a copy of such notice, requirement or order so signed by an inspector shall be admissible in evidence in such proceedings and shall, in the absence of proof beyond reason- able doubt to the contrary, be sufficient evidence of the due making and contents of the notice, requirement or order signed by an inspector which it purports to be or of which it purports to be a copy, as the case may be; and/or (b) Where it is material to prove the due service upon any person of any notice, requirement or order signed by an inspector, then, and in every such case, the averment in the complaint instituting such proceedings that such notice, requirement, or order was served upon the person concerned upon a particular date shall, in the absence of proof beyond reasonable doubt to the contrary, be sufficient evidence that such order was duly served upon such person upon the date so averred.

LABOUR. 253 1945. Factories and ShCfPS Acts Amendlment Act. (vii.) The side-note is amended by omitting the word "justices" and inserting the words "industrial magistrates." (viii.) A new paragraph (vii.) is inserted after paragraph (vi.) previously inserted, namely:- "(vii.) For the purposes of this section a docu- ment purporting to be a copy of a notice, requirement, or order signed by an inspector shall be a document which- (i.) Purports to be a duplicate original or carbon copy of such notice, requirement or order; or (ii.) Purports to be certified by the inspector who signed such notice, requirement or order or by some other inspector to be a copy of such notice, requirement or order." (ix.) Section sixty-eight is renumbered subsection one of section sixty-eight, .and the following new sub- sections two and three are inserted, namely :- "(2.) If any owner, occupier or person in charge When of a factory or shop refuses or neglects to obey any inspector WTI 'tten not" we, reqU.lrement or order 0 f an I.nspect or or mwoarykc t a o u b se e any part thereof within the time specified therein, an oarried out. industrial magistrate, upon the complaint of such inspector or any other inspector, may make an order directing the inspector to carry out the work at the expense of the owner, occupier or person in charge of such factory or shop, and the inspector shall cause the work to be carried out accordingly, and may recover from the owner, occupier or person in charge of such- factory or shop the expense of doing the work, by action in any court of competent jurisdiction. All such expenses shall be a first charge upon the premises of such factory or shop, notwithstanding any change that may take place in the ownership of the premises. (3.) Any written notice, requirement or order in writing, made by an inspector in pursuance of this Act made pursuant to the provisions thereof upon any owner, occupier, or person in charge of a factory or shop shall have the effect of a continuing notice, requirement or order to comply with the provisions of this Act, as specified in such notice, requirement or order at all-times thereafter.',

254 LABOUR. Factories and Shops Acts Arnendment Act. 9 GEO. VI. No. 10, New s. 68A. 46. A new section 68A is inserted after section sixty-eight of the Principal Act as follows:- o sPt f ua fa bt J el . im s c e aetniotsn . be pu " b [6 li 8 s A he .] d ( a1n. ) y Astnaytepmeersnotnwwhhiochp-ublishes or causes to in regard to goods, &c. (a) Is intended or apparently intended by such person or any other person to promote the sale or disposal of any goods (which term includes anything that is the subject of trade, manufacture or merchandise) ; and (b) Is to his knowledge false in any material particular, shall be liable on summary conviction to a penalty not less than two pounds and not exceeding one hundred pounds. (2.) A statement shall be deemed to be published within the meaning of this section if it is- (a) Inserted in any newspaper or any other publication printed and published in Queens- land; or (b) Publicly exhibited- (i.) In, on, over or under any building, vehicle, or place (whether or not a public place and whether on land or water); or (ii.) In the air in view of persons being or passing in or on any street or public place; or (c) Contained in any document gratuitously sent or delivered to any person or thrown or left upon premises in the occupation of any person; (d) Broadcast by wireless transmission. (3.) In any proceedings under this section against any person for publishing any statement aforesaid or causing the same to be published, if it is proved that such statement was false in any material particular, the person who published the statement as aforesaid or caused the same to be published shall be deemed to have published the same or to have caused the same to be published with knowledge of its falsity, unless he proves that having taken all reasonable precautions against committing an offence under this section he had reasonable grounds to believe and did believe that the statement was true and had no reason to suspect that the statement was false.

LABOUR. 1945. Factories and Shops Acts Arnendment Act. (4.) Every body corporate shall be liable for an offence under this section as if such body corporate were a private person and shall be subject to the same penalties as if it were an individual. (5.) Every person~ who aids, abets, counsels, or procures or by act or omission is in any way directly or indirectly knowingly concerned in the commission of any offence under this section shall be deemed to have committed that offence and shall be punishable accordingly. (6.) Where two or more persons commit or knowingly authorise or permit the commission of any offence under this section each of such persons shall be liable therefore and the liability of each of them shall be independent ofthe liability of the other or others. (7.) No prosecution shall be instituted against the printer, publisher, or proprietor of any newspaper printed and published in Queensland, or against any person acting under the authority of the same for the publication in any such newspaper of any statement in contravention of this section unless- (a) Such printer, publisher, or proprietor has been warned by an inspector of the falsity of such statement or of any other statement substantially the same as such statement, and that the publication thereof is an offence under this section; and (b) Such printer, publisher, or proprietor has on anyone day after the receipt of the warning published or authorised or permitted the publication of such statement or any such other statement in any issue of any newspaper in Queensland printed or owned by him (as the case may be); and (c) The consent of the Minister to the prosecution is first obtained. The provisions of this subsection shall, mutatis mutandis, apply in respect of any statement published in the manner referred to in subsection two of this section, other than by means of publication in a news- paper. . 251>

256 LABOUR. Factoriesand ShopsActsAmendmentAct. 9 GEO. VI. No. 10, (8.) No prosecution shall be instituted against the seller or distributor of any newspaper for the publication in such newspaper of any statement in contravention of this section unless the consent of the Minister to the prosecution is first obtained; Provided that paragraphs (a) and (b) of subsection seven hereof shall, mutatis mutandis, be deemed to apply to such seller or distributor. (9.) In this section "newspaper" includes any periodical publication. (10.) Notwithstanding any proceedings against any person for an offence under this section (whether resulting in a conviction or otherwise) such person shall remain liable to all civil proceedings in like manner as if the proceedings for an offence had not been taken. (11.) This section shall be read and construed as in aid of and not in derogation from any enactment or law relating to false or misleading advertisements or other. statements." o A h m . en 6 d 9. ment Princ4ip7a.l IAn cstubthseectwioonrdosne"aonf dsectthieonRseixgtuyl-antiinoenso" f tahree repealed. New s. 70. 48. A new section seventy is inserted after section sixty-nine of the Principal Act, as follows ;- Publication "[70.] (1.) All Orders in Council and Regulations o & f 0 o ., rd in ers, made or purporting to be made under this Act shall be Gazette and published in the Gazette and on such publication shall epfUfebclitcoaftion. have the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. (2.) The Governor in Council may repeal, amend or modify any Order in Council or Regulation. Orders in (3.) All such Orders in Council and Regulations shall CRoeugnuolailtiaonnds be laid before Parliament forthwith, if then sitting; and, to be laid if not then sitting, within fourteen days after the bPeafroliraement. commencement of the next ensuing session. If Parliament, within the next fourteen sitting days after any Orders in Council or Regulations have been so laid before it, resolves that such Orders in Council or

LABOUR. 257 1945. Factories and Shops Acts Amendlment Act. Regulations or any of them ought to be annulled the same shall, after the date of such resolution, be of no effect, without prejudice to the validity of anythi-ng done in the meantime under such Orders in Council or Regulations or to the making of any new Orders in Council or Regulations. For the purpose of this section the term "sitting days" shall mean days on which Parliament actually sits for the despatch of business. 49. When all provisions of this Act shall have been Reprinting proclaimed in operation, in all copies of *" The Factories ~ ~ ~ ~ ~ iOns. and Shops Acts, 1900 to 1922," as amended by this Act, hereinafter printed by the Government Printer, the Parts, sections, sub-sections, and numbered or lettered paragraphs thereof shall be renumbered or relettered so as to be in consecutive numerical or alphabetical order, as the case may require, throughout, and all specific references to any Part, section, subsection, paragraph, or other provision by its number or letter in any enactment contained in this Act or in any other Act shall be amen.ded by the substitution of the proper number or letter of the reprinted Act. 50. Three new schedules are inserted after section Schedules seventy of the Principal Act previously inserted, I., II., Ill. namely:- SCHEDULE 1. Section 9. SCALE OF FEES. The following registration fees shall be payable in accordanoe with Section 9 of this Act :- £ 8. d. For every factory or shop in which more than sixty persons are employed, per annum 330 For every factory or shop in which more than thirty persons and not more than sixty persons are employed, per annum 220 For every faotory or shop in whioh more than ten persons and not more than thirty persons are employed, per annum 110 F(Jr every other factory, per annum 050 For every other shop, per annum NU * 64 V. No. 28 and amending Acts, v. 4, pp. 690 et aeq. I

258 Part v. LABOUR. FactoriesandShopsActs AmendmentAct. 9 GEO. VI. No. 10, SCHEDULE H. 1. The following matters shall be subject-matters for Rules in respect of the various matters and things referred to in Part V_ of this Act:- (1) Prescribing- what shall be deemed to be suitable and sufficient sanitary and washing conveniences ; (2) Prescribing standards of artificial and/or natural lighting to be provided ; (3) Prescribing for the provision of baths and/or shower baths and/or foot baths; (4) Prescribing standards of natural and/or artificial ventila- tion; and measures for carrying off or rendering innocuous all fumes, dust, or other impurities that may be dangerous to health, and air movement; (5) Prescribing standards of dressing, clothes drying, rest room and/or dining accommodation; (6) Prescribing standards of first-aid and ambulance equipment and qualified first-aid attendance; (7) Prescribing standards of fire-precautions and fire-fighting equipment; (8) Prescribing standards of natural and artificial temperature and humidity; (9) Prescribing for individual drinking vessels or bubbler drinking water fountains and special treatment of drinking water supplies; (10) Design and construction of factories and shops; (11) Board and lodging of employees; (12) Unsafe placcs ; (13) Accidents and inquiries; (14) Unsatisfactory premises; (15) Any further act, matter or thing which the Governor in Council from time to time may consider a necessary subject-matter for Rules. 2. The power to make Rules pursuant to the above powers under subsection one of this Schedule shall include the power to make specific Rules applicable to any particular factory or shop or part of anyone factory or shop thereof, or any particular class of factory or shop, which specific Rules may differ from the Rules made pursuant to such above powers under the said subsection one. And without limiting the above, such Rules may specify a range of materials to be used; methods, plans, or designs to be followed; situation and minimum or maximum measurements, or sizes to be adhered to; or classes of furniture, vessels, utensils, fittings, or equipment to be used in carrying out the requirements thereof and may provide a period within which such requiremeI?-ts may be carried out.

1945. LABOUR. Factoriesand ShopsActsAmendmentAct. 259 SCHEDULE In. The following Rules shall have full force and effect and shall be observed in Factories and Shops in accordance with Part V. of this Act, namely ;- 1. Each section of every factory and shop used by employees Design and and all appurtenances thereto shall be of such design, material and c~ mstruc­ construction and contain such furniture and fittings as will secure tlOn. the health and convenience of all persons therein employed, and shall comply with the following requirements as are hereunder set forth. 2. Every factory and shop or portion thereof shall contain not Air and floor less than four hundred cubic feet of air space for each person employed space. therein (exclusive of the space occupied by goods, cases, furniture or fittings), and not less than twenty-five superficial feet of floor area. Where gaslight is used, each gaslight shall be counted equal to one occupant in respect of cubic air space. In the calculation of cubic air space the maximum height taken shall be thirteen feet. Any workroom in which the ceiling is not more than eight feet in height, or which, in the opinion of an inspector, is unsafe or insanitary, may be condemned by the inspector as unfit for occupation. 3. When the working areas of floors are of brick, stone, concrete, Floors. ironite, 8teel, granolithic or metal and an inspector considers the same prejudicial to the safety or health of employees such working area shall when so ordered by him be covered with timber, 'coir, or other matting, rubber, bituminous sheeting or compound or other satis- factory non-conducting material. Where trade conditions necessitate floors used by employees being in a wet or damp condition, suitable drains and foot gratings shall be provided and maintained in a satisfactory condition. The floors shall be kept in a sound, dry and clean condition. 4. In every factory and shop having an iron roof situated at a Roofs, walls, . lesser height than twenty feet above any floor, gallery, or platform, and ceilings. on which employees are required to work the employer shall, when so ordered in writing by an inspector, have such roofing lined or ceiled with wood, plaster, bagasse or other material approved by the inspector. Unless authorised in writing by the Chief Inspector no employee shall be allowed to work in any section of a factory or shop where the ceiling or overhead joists are a lesser height than eight feet from the floor or platform upon which the employee is required to work. When so ordered in writing by an inspector the outside walls of any factory or shop built of iron, steel, zinc, or tin, shall be lined with wood, plaster, bagasse, or other approved material. 5. (i.) Effective and suitable provision shall be made for securing Ventilation and maintaining by the circulation of fresh air therein the adequate and air ventilation of each section of every factory and shop, including all supply. accommodation provided for employees, and for drawing off to the

260 LABOUR. Factoriesand ShopsActs AmendmentAct. 9 GEO. VI. No. 10, outside of such factory or shop of all fumes, dust, smoke, or other impurities generated therein. Where such fume, dust, smoke, or other impurity is of such a character, extent, or quantity as to be likely to be injurious or offensive to the persons employed, all such practicaL measures as may be prescribed or as may be directed by any inspector shall be taken to prevent the inhalation thereof by the persons employed and the accumulation of such fume, dust, smoke, or impurity; in any part of a factory, or shop where the nature of the process producing such fume, dust smoke, or impurity allows efficient exhaust, appliances shall be provided and maintained as prescribed or as required by an inspector, as near .as possible to the point of origin thereof so as to prevent it entering the air of any portion of the factory or shop used by employees. Confined spaces. (ii.) Before work is commenced and while work is carried on in a confined or enclosed space in a factory where fumes, gases, dusts, or vapours dangerous or injurious to health are liable to be present or generated during work, or the atmosphere may otherwise become vitiated, or where excessive heat may involve risk of persons being overcome or injured, the occupier shall ensure safe working conditions and provide adequate means of ingress and egress and all facilities to recover any person or persons overcome in such space. Ventilation- (iii.) No stationary internal combustion engine shall be used internal unless- combustion engines. (a) Provision is made for conducting the exhaust gases from the engine into the open air: and (b) The engine (except when used for the purpose of being tested) is so partitioned off from any room or part of any room in which persons are employed other than persons attending to the engine as to prevent any injurious fumes from the engine entering the air of the room or any part of the room. Fixed (iv.) There shall be provided evenly distributed fixed stormproof ventilation. inlet and outlet ventilators, the minimum unobstructed total area of each of which shall be not less than thirty-six square inches to each one hundred square feet of floor area. Wherever possible all such inlet ventilators shall be constructed so that the lower inside edges shall be at a height of from six feet six inches to seven feet above the floor level and the upper outside edges thereof shall be immediately below the level of the lower inside edges, and all such outlet ventilators shall be constructed at a height of not less than eighteen inches below the level of the ceiling and the upper outside edges of such ventilators shall be immediately below the level of the lower inside edges thereof : Provided that in unceiled premises outlet ventilation may be provided by roof ridge ventilators or where practicable in any premises by vertical ventilation flues extending from the ceiling through the roof to not less than the level of the ridge and fitted with bell-shaped mouths gradually tapered from openings having twice the area of the flue, and fitted with baffles to direct down draughts of air horizontally across the premises.

LABOUR. 2~ 1 1945. Factoriesand ShopsActsAmendment Act. (v.) Other than where the inspector certifies in writing that Variable trade purposes do not so permit there shall be provided windows, ventilation. doorways, roof lights or other apertures capable of being opened to the outside air to a total space equal to fifteen per cent. of the floor area and such variable ventilation shall be installed so that not less than one-half of the total area thereof shall be not more than' seven feet six inches above the floor level: Provided that the inspector may approve of not more than one-half of such variable ventilation being provided to any workroom through any adequately ventilated corridor, store-room or other room other than any sanitary or dressing accommodation: Provided further that each workroom having a width of over thirty feet and which is provided with variable ventilation windows or other apertures on one or two contiguous sides only and each workroom over sixty feet in width and in all cases where it is not practicable to provide variable ventilation equal to at least fifteen per cent. of the floor area an adequate mechanical ventilation system shall be provided, in accordance with the requirements of this Rule. (vi.) Subject to other provisions of this Rule, fixed and variable Air supply, ventilation required by this Rule shall at all times whilst employees are using any part of a factory or shop provide therein a supply of fresh air equivalent to not less than thirty cubic feet of air per person each minute and in no case shall the supply of fresh air be permitted to fall below twenty cubic feet per person each minute; except that where an air-conditioning system is installed the supply of air provided shall not fall below fifteen cubic feet of air per person each minute: Provided always that where carbon dioxide is generated or any illumination other than from an electrical source or any coal gas heating appliances are used the foregoing minimum rates of air supply shall be increased to limit the carbon dioxide contents of the air supply to 8·0 parts per ten thousand parts of air : Provided further that no air-conditioning or other mechanical ventilation system installed in any part of a factory or shop used by employees shall be constructed in such a manner as will, in the opinion of the inspector, be liable to recirculate any air from any sanitary compartment, garage, kitchen or any room or place where noxious or dangerous fumes or gases are liable to occur. 6. In each section of every factory and shop where persons are Lighting. employed and in all stairways, passageways, store-rooms, and accom- modation used by employees there must be provided and maintained, suitable and adequate natural or artificial glare-free lighting. Where in the opinion of an inspector the lighting provided is liable to be injurious to the health of employees or does not provide for comfortable vision to ensure easy, accurate, and quick seeing by employees he shall by order in writing direct the occupier of the factory or shop to, within a specified time, effect such improvements to the lighting thereof as may be required to comply with the requirements of this Act. Each room used by employees shall be provided with windows Natural or roof lights having a total unobscured area equal to at least fifteen lighting, per cent. of the floor area of such room. Such light sources shall be placed to minimise employees suffering from glare and eyestrain and

262 LABOUR. Factories and SJwps Acts Amendment Act. 9 GEO. VI. No. 10, Artificial lighting. be evenly distributed over the floor area of each suoh room and the windows shall extend from at least three feet from the floor level to, where possible, not less than six inches from the level of the ceiling or wallplate : Provided that the inspector may approve, in writing, subject to the provision of artificial lighting in acoordanoe with the following requirements if neoessary, of a lesser amount of artifioiallight souroe being provided in any part of a faotory or shop used by employees, when in his opinion trade purposes or other conditions so warrant. Where in any part of any factory or shop used by employees natural lighting under overoast weather conditions during normal working hours when measured in foot candles does not equal or exceed the minimum illumination in foot candles as set out in Tables I and lA of the Tables appearing hereunder artificial lighting conforming to the standards set out in suoh tables shall be provided therein; and in no case shall any owner, occupier or other person in control of any faotory or shop instal or cause to be installed or alter or extend any part of the artificial lighting installation of such premises unless such installation, alteration or extension oonforms with this Rule: Provided that the following provisions shall be at all times observed in oonnection with any artifioiallighting installation required by this Rule- (i.) All illumination values required by this Rule shall be the values of illumination provided exclusively by artificial light sources, and shall be the mean values of the instal- lation when in servioe and not the initial value at the time of the provision of the service; (ii.) In no case whilst employees are using any part of a faotory or shop shall the artificial illumination required therein by this Rule be permitted to fall below the minimum values hereby provided, and all artificial lighting equipment shall be kept in a clean and satisfactory condition; (ill.) Unless otherwise required by this Rule all values of illumination set out herein are those required on a horizontal plane three feet above the floor of the part of the factory or shop where such illumination is provided; (iv.) Unless otherwise required by this Rule a minimum illumination value of five foot candles shall be provided over all working areas and in all accommodation used by employees and a minimum illumination value of two foot candles shall be provided in all passages, corridors, stairways, exits and spaoes other than working areas and aocommodation used by employees; (v.) Where any task is not specifically mentioned in Table lA of the Tables to this Rule or if by reason of any speoial circumstance in any particular oase it is in the opinion of the Chief Inspector expedient he may order in writing the provision of a lighting installation having such minimum and/or maximum values of illumination in any part of any factory or shop or he may order that the provision of this Rule shall be varied with respeot to any part or parts of a particular faotory or shop or class of factory or shop; .

LABOUR. 1945. Factories and Shops Acts Amendnnent Act. (vi.) Notwithstanding anything contained in this Rule the Chief Inspector of Factories and Shops may reject any light source or lighting fitting, either jointly or separately installed or about to be installed in any part of a factory or shop, if by any reason or special circumstances in his opinion such light source or lighting fitting may be detrimental to the health, safety or convenience of the employees using such part of the factory or shop; (vii.) All artificial light sources installed in any part of a factory or shop where work is carried on shall be provided with approved shades or reflectors in accordance with Table 2 of the Tables to this Rule, or the brightness of such light sources shall be reduced by enclosure in opal glass or other types of approved diffusing fittings in accordance with Table 2A of such Tables: Provided that- (a) No adjustable lamp shall be used for the purpose of providing localised supplementary illumination on a work task, unless it is housed in a reflector with a cut-off angle of not less than forty degrees taken tangential to the lower surface of the lamp bulb; (b) Where fluorescent tubular lamps are installed in any part of an area where work is carried on, they shall be shaded from view by means of an opaque reflector or other device which provides a minimum angle of view of twenty degrees below the horizontal of any part of the light source, taken at right angles to the length of the lamp or lamps. Where four or more fluorescent lamps are installed in a reflector, the minimum angle of view of the lamp furtherest from the viewpoint shall be not less than thirteen degrees ; (c) Where industrial diffuser types of lighting fittings are installed in any area where work is carried on, no lamp larger than three hundred watts shall be installed in fourteen inches diameter glassware, no lamp larger than five hundred watts shall be installed in sixteen inches diameter glassware, and lamps of seven hundred and fifty watts and over shall not be installed in glass- ware smaller than eighteen inches diameter; (d) "Industrial diffuser fitting" shall mean any type of approved lighting fitting wherein the brightness of the bare lamp is reduced by concealment from view by a diffusing medium, the side elevation of such diffusing medium being wholly or partly concealed by an opaque reflector or other device, or such other diffusing units as may from time to time be approved; (e) "Approved" shall mean approved by the Chief Inspector of Factories and Shops. ' 263

Tables. LABOUR. FactoriesandShopsActsAmendmentAct. 9 GEO. VI. No. 10, TABLE 1. GENERAL AMOUNT OF ILLUMINATION FOR VARIOUS TASKS FOR ADEQUATE SEEING CONDITIONS. Class of Task. Description of Task. Illumination (Foot-candles). 1 Very severe and prolonged visual tasks such as precision work of a high degree of accuracy, e.g., fine engraving tasks requiring rapid dis- crimination and response .. Above 50 2 Severe and prolonged visual tasks such as drawing, sewing on dark goods or discrimination and inspection of fine details of low contrast 25-50 3 Moderately critical and prolonged tasks such as fine machine work, fine assembling, sewing on light goods .. 15-25 4 Ordinary visual tasks such as detailed office work, ordinary bench work 10-15 5 Less exacting visual tasks such as intermittent office work, large assembly work, packing 5-10 6 Seeing in passages and spaces other than working area 2-5 TABLE lA. SPECIFIC AMOUNT OF ILLUMINATION FOR VARIOUS TASKS FOR ADEQUATE SEEING CONDITIONS. Trade. Task. Foot Candles. Aircraft Abrasives Machine Shop Wood Work Assembly Foundry Paint, Dipping • Hand Sheetmetal Maintenance General M 10-15F15-25 VF 25-50 M 10-15F15-25 VF 25-50 M 10-15F15-25 VF 25-50 { 5-10 10-15 5-10 10-15 M 10-15F15-25 { 10-15 15-25 5-10 Class of Work- R-Rough; M.-Medium; F.-Fine; VF.-Very Fine.

276 LABOUR. Factories and Shops Acts Am,endment Act. 9 GEO. VI. No. 10, Where sewered, septic or other approved water closet systems are installed, there shall be provided- (a) One closet to every twenty female employees or part thereof up to one hundred female employees and thereafter one closet to every additional twenty-five female employees or part thereof who may be on the premises at the one time; (b) One closet to every twenty-five male employees or part thereof up to one hundred male employees and thereafter one closet to every thirty male employees" or part thereof who may be on the premises at the one time; (c) One urinal stall or a trough not less than two fElet in length where between ten and twenty-five males are employed, two urinal stalls or a trough not less than four feet in length where between twenty-four and fifty males are employed and thereafter an additional urinal stall or a two-feet length of troughing to every additional fifty employees or part thereof who may be on the premises at the one time; Provided that an additional closet may be installed in lieu ef any such urinal or two-feet length of troughing. Where earth closets are installed there shall be provided- (a) One closet to every fifteen employees or part thereof of each sex up to ninety employees of each sex and thereafter one closet to every twenty employees or part thereof of each sex who may be on the premises at the one time; (b) One urinal stall or a trough not less than two feet in length where between five and twenty-five males are employed, two urmal stalls or a trough not less than four feet in length where between twenty-four and fifty males are employed and thereafter an additional stall or not less than two feet additional length of troughing to every additional fifty employees or part thereof who may be on the premises at the one time. Where sanitary conveniences in accordance with this Rule are provided in various parts of the factory or shop, the provisions hereof shall be observed with respect to each such set or sets of conveniences. Every closet shall be provided with- (a) External walls and roofing of weatherproof construction; (b) A properly drained floor of concrete or other impervious material approved by the inspector; (c) A door of non-transparent material extending from not more than twelve inches above floor level to not less than six feet above floor level capable of being fastened from the interior of the closet and held open by means of a spring when not in use; and (d) Where adjoining closets are used by persons of the same sex, internal partitions extending from not more than six inches above floor level to not less than six feet above floor level.

LABOUR. 1945. Factoriesand ShopsActsAmendmentAct. Every closet connected to a sewered, septic or other approved water closet system shall have internal measurements of not less than seven feet in height, two feet nine inches in width and four feet six inches in length and, where situated inside any building where persons are required to work or partake of meals, it shall be effectively airlocked from all working areas by walls, doors and ceiling to the satisfaction of the inspector. Every earth closet shall have internal measurements of not less than seven feet in height, three feet six inches in width and four feet six inches in length, and shall be fitted with a fly-proof cabinet-type seat placed away from the walls of the closet and fitted with a vent, a proper urine deflector under the seat, and guide rails to keep the pan in position, and every such closet shall be situated outside and apart from any building in which any person is employed and shall not communicate with any such building except through the open air or an intervening ventilated space. Every urinal installation shall be- (a) Constructed as approved by the inspector; (b) Provided with external walls and roofing of weatherproof construction ; (c) Constructed with a properly drained floor of concrete or other impervious material; (d) Provided with a door or screen to ensure privacy; and (e) Fitted with a stall or stalls having an impervious glazed surface or a trough of acid-resisting material and fitted with a proper trap and connected to a drainage system to the satisfaction of the inspector. Where any urinal is situated inside any building where persons are required to work it shall be effectively airlocked from all working areas by walls, ceilings and doors, and shall be so situated that one at least of its external walls shall pe capable of being lighted and ventilated direct from the open air. One external wall of each closet and urinal or any room containing ranges of closets or urinals shall be provided with ventilation by means of a louvered opening or window placed towards the upper part of the wall, capable of being opened and of dimensions not less than two feet by one foot exclusive of frame. There shall also be provided not less than one air brick or other opening of at least twenty-four square inches free of all bars, ornamentation, or other obstruction and placed near the floor of an external wall of each such closet or closet block. Washing conveniences shall comply with the following require- ments to the satisfaction of the inspector :- (1) A minimum number of from one to two washing points as directed by the inspector shall be provided for every twenty employees or part thereof who may be on the premises at the one time and shall be situated in positions of easy access from all workrooms and other accommodation provided for employees. Each such washing point shall comprise one wash basin or two feet in length of glazed surfaced or other acid-resisting troughing fitted with a spray or tap. 277

278 LABOUR. Factories and Shops Acts Amendmemt Act. 9 GEO. VI. No. 10, (2) Unless the Chief Inspector otherwise notifies in writing with respect to any factory or class of factory, there shaH be provided in every factory where more than ten females are employed properly constructed and fitted foot·baths as may be required by the inspector in the proportion of not less than one such bath having a length of two feet to every thirty employees or portion thereof who may be on the premises at the one time; (3) Each washing point and foot.bath provided in accordance with the foregoing shall- (a) Be provided with an adequate supply of clean water and, where the inspector so requires, warm water at from ninety to one hundred and thirty degrees Fahrenheit shall be provided to not less than eighty per cent. of such washing points and foot.baths ; (b) Be connected through a proper trap to a waste drain; (c) Have at least six square feet of unencumbered standing room, exclusive of any passage way in front thereof; (4) Where work performed by employees is of a specially arduous or dirty nature and the Chief Inspector so notifies in writing with respect to any factory or part of a factory or any particular class or classes of factories there shall be provided therein shower baths in such proportion or number as he shall so notify. Such shower baths shall be constructed to the satisfaction of the inspector and III accordance with the following requirements:- (a) AIl shower heads shall be fixed at from seven feet to eight feet above floor level; (b) Adequate supplies of cold and warm water ranging to not less than one hundred and twenty degrees Fahrenheit nor more than one hundred and forty degrees Fahrenheit shall be provided to all showers ; (c) Showers provided for male employees shall be placed in open cubicles measuring not less than three feet by three feet and the partitions between each shower shall extend from not more than one foot above floor level to not less than five feet six inches above floor level. A drying area of not less than nine square feet and with fittings to prevent the clothing of employees being liable to splashing shall be provided adjacent to each shower cubicle; (d) Shower baths provided for females shall be fitted in cubicles measuring not less than four feet wide by six feet long provided with ' Y~ lls to ensure privacy. Each such cubicle shall have waIls and doors extending from not more than one foot above floor level to not less than five feet six inches above floor level, and shall be provided with a partition extending halfway across the middle of the cubicle to provide protection from splashes, for a seat and wall hooks which shall be provided in the front portion of each cubicle;

1945. LABOUR. Factories and Shops Acts Amendment Ad. 279 (e) Every lavatory and shower room shall be of weather-proof construction, and shall be provided with a properly- drained floor of concrete or other impervious material approved by the Inspector. 12. .In every factory and shop where in any part or parts thereof Seating. ·work is performed in sitting postures there shall be provided therein suitable sitting accommodation to suit the heights of individual workers. Where any such seats are at a greater height than eighteen inches from the floor level there shall be provided suitable foot rests and unless the inspector approves in writing of the use of another type of seat in any particular circumstances each such seat shall measure not more than fourteen inches from front to back by sixteen inches in width and shall be well padded or curved and fitted with an adjustable back not more than ten inches i¥ width. 13. A sufficient continuous and easily-accessible supply of filtered, Drinking purified or fresh drinking water having a temperature of not more water. than seventy-five degrees Fahrenheit shall be provided in all factories and shops. Where more than twenty persons are employed on the premises at the one period there shall be provided in convenient positions in each workroom and adjacent to each wash place at least one bubbler type of drinking fountain fitted with a mouth guard to every forty employees or portion of forty employees. 14. In every factory and where more than ten persons are Ambulance employed in any shop, there shall be provided and maintained in and first-aid. such sections thereof as provided by this Act, suitable first-aid and ambulance equipment which may include fitted and furnished first-aid rooms, stretchers and ambulance chests, appliances, and requirements and where required by this Act the services of a medical practitioner or a first-aid attendant of specified qualifications shall be available whilst employees are employed on the premises of a factory or shop. Where over two hundred persons are employed in a factory at anyone time, a casualty room of not less than one hundred and twenty square feet of floor space shall be provided in a conveniently-accessible place. Such room shall contain the following equipment : - A basin and sink with a running hot water supply to the basin A workbench or dressing trolley. A cupboard for enamel bowls and linen. A cupboard for medicaments, dressing and instruments. A gas or electric power point and means for boiling water. A container for soiled dressings. A couch with a pillow, three blankets, and a hot-water bottle. Two upright chairs, an armchair, a small table, and a screen. A portable stretcher. In all factories where not more than one hundred persons are employed at the one time, and in all shops where more than ten persons are employed at the one time, there shall be provided and maintained suitable first-aid cabinets.

280 LABOUR. Factoriesand ShopsActs AmendmentAct. 9 GEO. VI. No. 10, Such cabinets shall be easily accessible from all places wher;) employees are required to work, convenient to running warm water, of dust-proof design, and plainly marked "First Aid," with the name of the person in charge shown on the outside of each cabinet. Every casualty room and first-aid cabinet shall contain not leslt than the following supplies : - Iodine Solution (Liq. Iod. Mitis B.P.) 8 oz. Proflavine Solution 1-1000 or Euflavine Solution 1-1000 or Acriflavine Solution 1-1000 Castor Oil, with glass rod, bulged pendent .. ::1 8 oz. .. J I oz. Sal Volatile 4 oz. Adhesive Strapping, 2 inch or 3 inch (or I inch-4 reels) 2 reels Cotton Wool (sterilised and enclosed in ounce quantities in sealed carton) 8 oz. Tannic Acid Jelly (to be contained in a collapsible tube and to be according to the following formula) :- Acid Tannic .. Phenol 21 per cent. 1 per cent. Gly. Tragacanth Q.S. or other approved formula 402. Roller bandage I inch (each enclosed in sealed envelope) .. 12 Roller bandage 2 inch (each enclosed in sealed envelope) .. 12 Triangular bandages (of first quality) 4 Tourniquet (St. John's or other approved type) I Medicine glass (marked for tea, dessert, and table- spoon doses) I Earthenware feeding cup I Eye bath I Dressing forceps 4 inch or 5 inch I Splinter forceps I Scissors 3 inch or 5 inch I Towels .. 2 Enamel Basin (9 inch or 8 inch diameter) I Safety Pins 12 First-aid pamphlet 1 Where over three hundred persons are employed in a factory at the one time, a trained nurse shall be appointed full time, and in every factory or shop where more than twenty persons are employed at the one time a qualified first-aid attendant, who shall be the holder of a current St. John's Ambulance Certificate of medallion standard, shall bc on duty, and readily available to attend to any injuries sustained by employees, during working hours.

LABOUR. 281 1945. Factoriesand ShopsActsAmendmentAct. 15. No person shall use or permit to be used as a sleeping place Board and any part of a factory unless it is separated from. the main factory lodging of by a substantial wall Or partition extending from. floor to ceiling. employees. Where workers are lodged in .premises in possession of an occupier of a factory, whether attached thereto or not, such lodgings shall be as prescribed by this Act, relative industrial awards, or to the satisfaction of the inspector who shall have and exercise powers in respect thereto similar to those in respect to any factory or shop. 16. Every factory or shop two or more stories in height in which Fire escapes. persons are employed above the ground floor, shall be furnished with a certificate from the inspector that the factory or shop is provided with such means of escape in case of fire for the persons employed therein as can reasonably be required under the circumstances. In every factory erected after the commencement of this Act, and in which ten or more persons are employed and in any existing factory when the Chief Inspector by notice in writing so requires, the main inside and outside doors shall open outwards. In every factory there shall be taken and provided all proper and necessary precautions and means for preventing and extinguishing fires, and there shall be provided such fire escapes as the inspector may direct. 17. No gauntree, stair, wellhole, gangway, passageway, or other Unsafe apparatus or structure of any description whatsoever, other than places. machinery used in connection with the factory or shop or forming part thereof, shall be of such a steep, narrow, winding, intricate, insecure, unsafe, or otherwise defective construction or condition as in the opinion of the inspector may at any time whilst any process or handicraft is being carried on or otherwise be liable to cause risk of bodily injury to any employee. 18. In all bakehouses, cafes, and in all factories and shops where Bake. food or drink intended for human consumption is prepared, stored, or hOU/leB, &c. in any way dealt with the following special provisions shall apply :- (i.) No place on the same level with the bakehouse, factory, or shop, and forming part of the same building, shall be used as a sleeping place, unless it is effectually separated from communication with the bakehouse, factory, or shop by a partition extending from the floor to the ceiling, and there is in it an external glazed window of at least nine superficial feet in area, of which at least four and a·half superficial feet are made so as to open for ventilation; (ii.) Unless for any special reason expressly authorised in writing by the inspector, no earth·closet or water·closet, cesspit, urinal, or ashpit shall be within or communicate with the bakehouse, factory, or shop; (ill.) Every cistern for supplying water to the bakehouse, factory, or shop shall be separate and distinct from any cistern supplying water to a water·closet or urinal ; (iv.) Except by the written permission of an inspector, no drain pipe shall have an opening within the bakehouse, factolJT' or shop.

282 LABOUR. Jilactories and Shops Acts Amendment Act. 9 GEO. VI. No. 10, Every person who lets or occupies, or continues to let or knowingly permits to be occupied, any place in respect of which there is a breach of any of the provisions of this rule shall be guilty of an offence. The provisions of this rule shall be in aid of and not in derogation from the Food and Drugs Regulations under *" The Health Act8, 1937 to 1944 " or any Act amending or in substitution of the same. Require· ments of occupier. 19. The owner, occupier, or other person having the control of any factory or shop, shall- (i.) Before commencing the construction of any new factory or shop or carrying out structural alterations to any portion of a factory or shop submit to the Chief Inspector a plan of such proposed work for his examination and approval of all matters applicable thereto as prescribed in this Act; (ii.) Comply with a written notice, requirement or order made and served as prescribed by this Act within the time specified therein; which notice, requirement or order the Chief Inspector is hereby empowered to make; (iii.) Keep everything and every place upon, within, or surround- ing any factory or shop, including all sanitary and washing conveniences, dining, dressing, and other accommodation provided for employees in good and sound repair and in a cleanly state and free from any smell, or nuisance arising from any drain, lavatory, privy, or other convenience and free from any accumulation or deposit which is a nuisance, to the satisfaction of the inspector; (iv.) Have all closets, urinals and adjacent floors and all wash basins and bathroom floors cleaned as often as may be necessary and at least daily with water to which disinfectant has been added; (v.) Have the seats and floors of every lavatory and closet thoroughly scrubbed with soap and water weekly, or at such more frequent times as may be necessary, or as ordered in writing by the inspector; (vi.) Have all floors, workbenches, passageways and stairways and approaches to fire escapes of every factory and shop used by employees kept in a sound, dry condition, and free from all accumulations of dirt and refuse which shall be removed daily, or at such more frequent intervals as may be necessary, or ordered in writing by the inspector; (vii.) Have all floors of all factories and shops used by employees cleaned weekly by washing or if effective and to the satisfaction of the inspector by sweeping or other method; * 1 G. 6 No. 31 and amending Acts, v. 3, pp. 891 et seq.

LABOUR. 1945. Factories and Shops Acts Amendment Ac't. (viii.) At all times keep the inner and outer surfaces of all windows or skylights used for lighting and all artificial lighting appliances clean and free from obstructions and wash such windows with soap and water as often as may be necessary and at least monthly; - (ix.) During such times as any employee may be in any section of a factory or shop keep all sections thereof free from overcrowding, and take all necessary steps to ensure that no doorway or gateway leading to any exit or fire escape, whether on the premises of the factory or shop, or trans- versing any adjoining or adjacent premises, shall be locked, barred, or bolted; (x.) Not permit a male young person or female of any age to be employed in part of a factory in which wet spinning is carried on unless sufficient means are employed and continued for protecting the employees from being wetted, and, where hot water is used, for preventing the escape of steam into the room occupied by the employees; (xi.) Not permit any person of the ages shown hereunder to lift a greater weight than as specified- Rigid or Non·rigid or compact body. bulky body. pounds. pounds. (a) Males under sixteen years of age 28 24 (b) Females under sixteen years of age 16 12 (c) Males between sixteen and eighteen years of age 35 28 (d) Females between sixteen and eighteen years of age 28 24 (e) Females over eighteen years of age 35 28 in those cases where such lifting shall constitute a continuous operation, or in any case not approved by an inspector. (xii.) Not permit a male young person or female of any age to be employed in the process of bronzing (unless a safety vacuum or other approved machine is used); or the silvering of mirrors by the mercurial process; or the making of white lead; or the making of lead-headed nails; or in dry grinding in the metal trade; or in any part of a factory in which the process ofmelting or annealing glass is carried on; or at any process which the Minister, on the recommendation of the Chief Inspector or the Director-General of Health and Medical Services may notify as unhealthy; (xiii.) Where arsenic or any other poisonous substances are used or where the type of trade or manufacturing process being carried on so requires, provide for use of employees working in connection therewith or in the vicinity thereof, all necessary special washing articles, utensils and con- veniences, together with suitable clothing and respirators required, or as may be provided by this Act, or ordered in writing by an inspector, and shall regularly clean and maintain same to his satisfaction. 283

284 LABOUR, Factories and Shops Acts Amendment Act. 9 GEO. VI. No. 10, Accidents. 20. (1.) When there occurs in a factory any accident which either- (a) Causes loss of life to an employee in the factory; or (b) Causes bodily injury to an employee in the factory, such as may reasonably prevent him from returning to his work in the factory within forty-eight hours after the occurrence of the accident, written notice of the accident shall forthwith be sent by the occupier to the inspector, stating the cause of death or the nature and extent of the injury, as the case may be, and the residence of the person killed or injured, or the place to which he has been removed. Every occupier who neglects to send such notice shall be liable to a penalty not exceeding twenty pounds. Inquiries into accident. (2.) In the event of any such accident as in the last preceding subsection mentioned the Minister may direct an inquiry to be held before a court consisting of a Stipendiary or Acting Stipendiary Magistrate. The court shall have power to hold such inquiry at such times and places as the Minister appoints. The Minister may obtain for the use of the court a report from a legally qualified medical practitioner or other competent person upon the cause of such death or the nature, extent and cause of such injury. Every such inquiry shall be held publicly in such manner and under such conditions as the court thinks most effectual for ascertaining the causes and circumstances of such accident and for enabling the court to make the report hereinafter mentioned. The fact of a person acting at such inquiry shall be sufficient evidence of his authority so to do. The court shall have for the purpose of such inquiry and the summoning and examination of witnesses thereat all the powers and authorities which are possessed by a stipendiary magistrate in the case of summary proceedings upon complaint. The court or some person appointed by it may enter and inspect any place the entry or inspection whereof appears to the court to be requisite. The court shall report to the Minister as far as possible the causes of the accident and the circumstances attending the same adding thereto such observations as it thinks fit, including any recommenda- tions which it may make with a view to avoiding similar or other accidents. Every person summoned shall be allowed such expenses as would be allowed to a witness attending on subpama before a court of petty sessions: Provided that the court, in its discretion, may disallow in whole or in part the expenses of any such person.

LABOUR. 285 1945. Factories and Shops Acts Amendment Ad. The court may make such order as it thinks fit respecting the payment of the costs and expenses of the inquiry, and such order may, on the application of any party entitled to the benefit of the same be enforced in a summary way by complaint under *" The Justices Acts, 1886 to 1942 " (or any Act amending or in substitution of the same). Any costs and expenses ordered by the' court to be paid by the Minister, and any remuneration paid to persons forming the court shall be paid out of moneys provided by Parliament for the purposes of this Act. (3.) Legal or other representation at such court shall be allowed. (4.) Where, under t" The inspection of Machinery Acts, 1915 to 1930" (or any Act amending or in substitution of the same), or under any other Act or law (other than :j:" The Coroners Acts, 1930 to 1943 ") (01' any Act amending or in substitution of the same) it is provided that an inquiry into an accident shall be held, the holding of such inquiry shall be deemed a compliance with the provisions of this section and to the intent that a further inquiry under this section shall not be necessary. 21. An inspector may, by notice in writing served upon the Unsatisfa.c- owner, occupier or any person in charge of a factory or shop condemn tory all or any part of any factory or shop or any appurtenances thereto, premises. including all or any part of any sanitary or other conveniences used by any employee where, in his opinion any such factory or shop cannot be continued in occupation without risk of bodily harm or ill-health to the employees therein or thereabouts employed, or are otherwise not in accordance with this Act made thereunder, and shall specify in such notice a time within which the occupier and all other persons shall cease to make use of such premises as a factory or shop, or the owner, occupier or person in charge shall rebuild, repair, enlarge or carry out such structural alterations, painting, or improvements, or provide such additional furnishings or fittings, or do anything necessary to any part of the factory or shop, or any appurtenances or convenience thereto as will in the opinion of the inspector bring the factory or shop into compliance with this Act. 22. The inspector may, by notice in writing served on the owner, Prohibition occupier or person in charge of a factory or shop, prohibit the employ- of work until ment of any person in any factory or shop or part thereof until such completion time as any building operations or structural or other alterations ~ t: t~ ? tural ordered by him are completed or during the course of any building r Ions. operations or structural alterations whilst any such factory or shop or part thereof is, in the opinion of the inspector, liable to be dangerous to any person employed therein. 23. Wherever an inspector is empowered by any rule to issue Certificates a writt.en certificate under this Act, such certificate shall state to what by Inspector. extent or extents any requirements are thereby varied, and no occupier of a factory or shop shall be permitted to vary any of such require- ments to a greater extent than as set out in the certificate of the inspector. * 50 V. No. 17 and amending Acts, v. 4, pp. 363 et 8eq. t 6 G. 5 No. 24 and amending Acts, v. 4, pp. 763 et 8eq. t 21 G. 5 No. 17 and amending Acts, v. 4, pp. 628 et 8eg.