Factories and Shops Acts Amendment Act of 1954 (3 Eliz Ii No. 34) (Qld)

LABOUR. 3 E liz . II. No. 34, 1954. Factories and Shops, Etc., Act. 237 An Act to Amend “ The Factories and Shops Acts, 3 mSt 1900 to 1945/’ in certain particulars. A cts [A ssented to 4 th N ovember , 1954.] Ara'™" B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1 . (1.) This Act may be cited as “ The Factories short title- and Shops Acts Amendment Act of 1954.” (2.) *“ The Factories and Shops Acts, 1900 to 1945,” £“noipal are in this Act referred to as the Principal Act. c‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Factories and Shops Acts ,tltle' 1900 to 1954.” f(4.) This Act shall come into operation on a date Commence- to be fixed by the Governor in Council by Proclamation of this published in the Gazette. 2. The following section is inserted after section New s. ia . one of the Principal Act:— “[2 a .] This Act, including every Proclamation, Construction Order in Council, Rule, and Regulation hereunder,of thls Act- shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, Rule, or Regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.”. 3. Section two of the Principal Act is amended by Amendment inserting after the words and figures “P art IX.—ofs-2- S tamping oe F urniture ; ” the words and figures “ P art IX a .—T rade D escriptions ; ”. * 64 V. No. 28 and amending Acts. f Commenced 1 Mar. 1955 (Proe. pubd. Gaz., 19 Feb. 1955, p. 710).

238 LABOUR. Factories and Shops, Etc., Act. 3 E liz . II. No. 34, Insertion of 4-. The following headnote and sections are inserted hFeaardt n I o X te a . to after section forty-seven and before the headnote to and of ss. section forty-eight of the Principal Act, namely:— 47 a , 47 b . IX . “ P art a —T rade D escriptions . Application [47 a .] (1 .) The provisions of this Part of this Act of Part IX a . shall extend throughout the State and shall apply with respect to all leather goods and to all other goods to which the provisions of this said Part are extended pursuant to the provisions of subsection two of this section. (2.) The Governor in Council may from time to time by Order in Council made under this Act declare that the provisions of this Part of this Act shall extend to such goods, and on and from such date, as he may specify therein, and on and from the date so specified and while the Order in Council continues to remain in force the provisions of this Part of this Act shall apply with respect to all goods so specified (in this Part of this Act referred to by the term “ other goods ”). In this subsection the term “ goods ” includes anything which is the subject of trade, manufacture, or merchandise. (3.) The provisions of this Part of this Act shall be in addition to and not in substitution for or in diminution of the provisions of *“ The Health Acts, 1937 to 1949,” or t“ The Trade Descriptions (Textile Products) Act of 1954,” or of any other Act which makes provision in relation to the trade descriptions of any goods. Meaning of [47 b .] In this Part of this Act, unless the context terms. otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— Advertise­ ment. “ Advertisement ”—In relation to any leather goods or other goods, any method of advertising or conveying information or making any claim with respect to the leather goods or other goods, whether orally or by writing or pictorially or otherwise, including aUy circular, catalogue, leaflet, pamphlet, or other document, and any public announcement made orally or by writing * 1 Gr. 6 No. 31 and amending Acts, t 3 Eliz. 2 No. 14.

LABOUR. 239 1954. Factories and Shops, Etc., Act. or by means of producing or transmitting light or sound : And the term “ advertising Advertising matter ” when used in relation to any leather matter- goods or other goods includes any advertisement and any matter whatsoever containing or in the nature of an advertisement; “Australia”—Includes any territory of the Australia. Commonwealth, within the meaning of the *Acts Interpretation Act 1901-1950 of the Commonwealth (including any Commonwealth Act in amendment thereof or in substitution therefor); “False trade description A trade description False trad* which by reason of anything contained therein escnptlon* or omitted therefrom is false or likely to mislead in a material respect as regards the leather goods or other goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise howsoever, which makes the trade description false, or likely to mislead in a material respect; “ Leather goods ”—Trunks, kit bags, suit cases, and L®®^er similar travel goods ; attache cases, schoolg°° *' bags, hat cases, ladies’ handbags, shopping bags, purses, wallets, and pouches; document cases, folio cases, and similar articles; musical instrument cases, wireless cases, and gramophone cases ; razor strops ; footballs, punching balls, boxing gloves, cricket gear and golf bags, and similar sporting goods; leggings; men’s belts; leather gloves; bicycle saddles; harness, saddles, horse collars, bridles, and machine belting; and such other articles, whether of the same kind as the articles before enumerated or not, as may be specified by the Regulations for the purposes hereof; where the greater part of the area of the outside is composed of— (i.) Leather or a material resembling leather in texture or appearance ; or No. 2 of 1901 of the Commonwealth and amending Acts.

240 S 11. This Part of this Act. Trade description. LABOUR. Factories and Shops, Etc., Act. 3 E liz . II. No. 34, (ii.) Fibre or vulcanite or a material resembling fibre or vulcanite in texture or appearance ; or (iii.) Plastic: Any and every individual article as aforesaid is included in the term leather goods, but the term shall not include any such article the total outside area measurement whereof is less than twenty-four square inches or any straps ; “ Sell ”—Includes offer or attempt to sell, supply or receive for sale, have in possession for sale, exhibit or expose for sale, send or forward or deliver for sale or on sale, or cause or suffer or allow to be sold, offered for sale, exhibited or exposed for sale, or sent or forwarded or delivered for sale or on sale, or exhibit or expose or have in possession for any purpose of advertisement or trade ; “ This Part of this Act ”—Where necessary includes all Orders in Council and Regulations made under the authority of this Part of this Act for the purposes hereof; “ Trade description ”—In relation to any leather goods or other goods, any description, statement, indication, or suggestion, direct or indirect, as to— (i.) The nature, number, quantity, quality, purity, class, grade, measure, gauge, size, or weight, of the goods ; or (ii.) The State, country, or place in or at which the goods, or any portions or constituents thereof, were made or produced ; or (iii.) The manufacturer or producer of the goods, or the person by whom they were selected, packed, graded, or in any way prepared for the market; or (iv.) The mode of manufacturing, producing, selecting, packing, grading, or otherwise preparing the goods ; or (v.) The material or ingredients of which the goods are composed or from which they are derived ; or

LABOUR. 241 1954. Factories <md Shops, Etc., Act. (vi.) The goods being the subject of an existing patent, privilege, or copyright: and includes the use of any figure, word, trade name, trade style, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters.” 5. The following sections are inserted after section insertion of 47 b of the Principal Act, as previously inserted by this 47 ^ 473 ,. D’ Act, namely :— ’ “[470.] A person shall not sell any leather goods Duty to or other goods unless a trade description complying with leather section 47 d of this Act is applied in accordance with that goods, &c. section to those goods. [47 d .] (1.) The trade description required by section Require- 47 c of this Act to be applied to leather goods shall comply to in every respect with the following requirements :— description. (i.) The words constituting the trade description shall be written in English in clearly legible capital letters of not less than 8 point measurement (of which letters the following is an example of the size and description— factories ) and shall be conspicuously stamped in or on, or attached to, the leather goods, so as to be clearly visible, by any one or more of the following ways :— (а) By stamping into the article ; ( б ) By stamping the article in indelible permanent ink; or (c) By permanently attaching to the article a woven or printed label (and if such material is prescribed) of the material prescribed; (ii.) (In the case of leather goods made in Australia) it shall include— (a) The words ” made by ” or “ manufactured by ” immediately followed by the name of the manufacturer of the leather goods; and ( b ) The name of the State or territory of the Commonwealth in which the leather goods were made; and

242 LABOUR. Factories and Shops, Etc., Act. 3 E liz . II. No. 34, (c) The following words descriptive of the material constituting the greater part of the area of the outside of the leather goods— (A) Where the material is of leather tanned from the outside surface of hides of bovine beasts—the words “ solid hide ” or “ TOP GRAIN HIDE ” ; (B) Where the material is of leather tanned from the hides of bovine beasts and other than the outside surface of such hides is the finished surface—the words “ split LEATHER ” ; (C) Where the material is of leather tanned from calf skins—the word “ calf ” ; (D) Where the material is of leather tanned from goat skins—the word “ morocco ” or “ kid ” or such other word or words as truthfully describe the skins ; (E) Where the material is of leather tanned from sheep skins—the word “ roan ” or “ basil ” or “ sheep ” or such other word or words as truthfullydescribe such skins ; (F) Where the material is of leather tanned from marsupial skins—the word “ KANGAROO ” Or “ WALLABY ” Or SUCh other word or words as truthfully describe such skins ; (G) Where the material is of leather tanned from reptile skins—the word “ CROCODILE ” or “ LIZARD ” Or Such' other word or words as truthfully describe such skins; (H) Where the material is of leather tanned from any other type of skins—the word “ pig ” or “ shark ” or such other word or words as truthfully describe such skins ; (I) Where of any other material—the word “ plastic ” or “ fibre ” or such other word or words as truthfully describe the material;

LABOUR. 243 1954. Factories and Shops , Etc., Act. (iii.) (In the case of leather goods made outside Australia) it shall include the name of the country in which the goods were made and words truthfully descriptive of the material constituting the greater part of the area of the outside of the leather goods ; (iv.) Additionally it shall include such other words, if any, as may be prescribed either generally or in the particular case. (2.) The trade description required by section 47c of this Act to be applied to any other goods shall comply in every respect with the requirements prescribed by the regulations in relation to those goods. [47 e .] (1.) A person shall not, except to the extent ^j^ing and in the manner prescribed, alter, by way of addition, descriptions, effacement, or otherwise howsoever, any trade description which, under or in compliance with any law (including this Part of this Act) of any State of the Commonwealth or of the Commonwealth, has been applied to any leather goods or other goods: Provided that this subsection shall not apply with respect to any such alteration made when the goods are had in possession by a person other than the manufacturer or a seller thereof and the goods are not subsequently sold. (2.) A person shall not sell any leather goods or other goods the trade description, applied under or in compliance with any law (including this Part of this Act) of any State of the Commonwealth or of the Commonwealth, to which has been altered in contravention of subsection one of this section. (3.) A person shall not be convicted of an offence against this section if he proves that he acted without intent to deceive or defraud. [47 f .] (1.) A person shall not— False trad (i.) Apply to any leather goods or other goods a d®8CriPtl0n- false trade description ; or (ii.) Sell any leather goods or other goods to which a false trade description is applied ; or (iii.) Use howsoever in relation to the sale, or the advertisement for sale, or for any purpose of or connected with the sale or advertisement for sale, of any leather goods or other goods

244 LABOUR. Factories and Shops, Etc., Act. 3 E liz . II. No. 34, any advertising matter containing, in relation to the leather goods or, as the case may be, other goods, a false trade description. (2.) For the purposes of subsection one of this section a trade description shall be deemed to be applied to any leather goods or other goods if— (i.) It is applied to the article in question itself; or (ii.) It is applied to any covering or thing used in connection with the article in question ; or (iii.) It is used in any manner likely to lead to the belief that it describes or designates the article in question, and whether it is woven, impressed, worked into, or appears otherwise howsoever in or on the article in question or any covering or thing used in connection therewith.”. Insertion of ss. 47 g , 47 h , 6. The following sections are inserted after section 47 i , 47 j , 47 f of the Principal Act, as previously inserted by this 47 k . Act, namely :— Offences and penalties. “[47 g .] ( 1 .) A person who contravenes or fails to comply with any provision of this Part of this Act shall be guilty of an offence against this Act and liable— (i.) For a first such offence, to a penalty not exceeding fifty pounds ; and (ii.) For a second or subsequent such offence (whether against the same or a different provision of this Part of this Act and whether in respect of the same or a different article) to a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding six months or, if the offender is a corporation, to a penalty not exceeding five hundred pounds. (2.) Upon conviction for a second or subsequent offence against this Part of this Act all leather goods or, as the case may be, other goods and other things by means of or in relation to which the offence was committed shall be deemed to be forfeited to Her Majesty and shall be destroyed or otherwise dealt with according as directed by the Minister.

LABOUR. 245 1954. Factories and Shops, Etc., Act. (3.) Any 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 against this Part of this Act, shall be deemed to have committed that offence and shall be punishable accordingly. [47 h .] ( 1 .) In any prosecution for contravening or Defences, failing to comply with any of the provisions of this Part of this Act, if the defendant proves that the article with respect to which the offence was committed was manufactured in or imported into the State of Queensland before the commencement of *“ The Factories and Shops Acts Amendment Act of 1954,” and that the article was held by him bond fide and without any fraudulen intention, he shall be discharged from the prosecution but shall be liable to pay the costs incurred on behalf ol the prosecution unless he has given reasonable notice to the complainant that he will rely on such defence. (2.) In proceedings for an offence against this Part of this Act in respect of any leather goods or other goods it shall be a defence that at the time when the offence is alleged to have been committed the article in question bore the same trade description as had been applied to it when the defendant acquired it and that that trade description appeared to comply with this Part of this Act and had not been altered in any way by the defendant, and that on demand made by or on behalf of the complainant, the defendant gave all the information in his power with respect to the person from whom he obtained the article. [47i.] ( 1 .) This Part of this Act shall not exempt Savings, any person from any action, suit, or other proceeding which might but for the provisions of this Part of this Act be brought against him. (2.) Nothing in this Part of this Act shall entitle any person to refuse to make a complete discovery or to refuse to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Part of this Act. (3.) Nothing in this Part of this Act shall be construed so as to render liable to any prosecution or punishment any employee of an employer resident in * This Act.

246 LABOUR. Factories and Shops, Etc., Act. 3 E liz . II. No. 34, 1954. Queensland who bond fide acts in obedience to the instructions of such employer and on demand made by or on behalf of the complainant or person aggrieved has identified his employer fully and correctly. Inspection. [47 j .] For the purposes of this Part of this Act, in addition to the powers had by him under Part III. of this Act, an inspector may— (i.) At any reasonable time enter any place where any leather goods or other goods are manufactured or sold or any place where he has reason to believe that any leather goods or other goods are manufactured or sold ; (ii.) Inspect any leather goods or other goods in such place ; (iii.) Open any package, found in such place, containing or which he has reason to believe contains any leather goods or other goods ; and (iv.) Upon payment or tender of a just and lawful price for the same, take any leather goods or other goods found in such place. Regulations. [47 k .] Without limiting the general power to make Regulations conferred by section fifty-one of this Act, Regulations may be made under that section for the purposes of this Part of this Act prescribing all or any matters and things required or authorised by this Part of this Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part of this Act, including, but without limiting the generality of the aforegoing, the prohibiting of matters and things which may otherwise be included in trade descriptions of leather goods or other goods or of any portion thereof. The power to make Regulations as aforesaid shall include power to make any regulation so that it may be of general or specially limited application according to class, time, place, or circumstances, or otherwise as is prescribed. Regulations may be made as aforesaid at any time after the passing of *“ The Factories and Shops Acts Amendment Act of 1954.” ”. * This Act.