Factories and Shops (Amendment) Act 1909 (NSW)

A c t N o . 28, 1909.

A n A c t to a m e n d t h e F a c t o r i e s a n d Shops A c t

of 1 8 9 6 ; and for o t h e r p u r p o s e s . [29th

December, 1909.]

Assemblv of New South "Wales in Pa r l i amen t assembled, and bv the the advice and consent of the Legis la t ive Council and Legislat ive au tho r i t y of t he same, as follows :— BE

it enacted by the K i n g ' s Mos t Exce l l en t Majes ty , by and wi th

1. This A c t may be cited as t he " Factories and Shops

( A m e n d m e n t ) Act , 190!)," and shall be const rued wi th the Factories

and Shops Act of 189(5, hereinaf ter referred to as t he Pr inc ipa l Act .

2. Section two of t he Pr inc ipa l Act is amended—

(a) by inser t ing before t he definition of " child " the following :—
" Bakehouse " means any place in which any bread, pas t ry ,
sweetmeats , or sugar goods are made or baked for sale,
and includes any place or room used in connect ion wi th
t h e bakehouse for s toring such food when baked or to be

baked, or any mater ia l to be used for t he manufac tu r e of

such food to be baked.

(b) Pa rag raph (a) of t he definition of " f a c t o r y " is amended by

omi t t ing t he word " bakehouses . "

(c) P a r a g r a p h (b) in the definition of " f a c t o r y " is omit ted, and

t h e following subs t i tu ted :—

(b)	any office, building, or place in which one or more Chinese are so engaged .
(d)	P a r a g r a p h (c) of t he same definition is amended by inser t ing after " t r a n s i t " t he words " o r in genera t ing electr ici ty, water power, or any o ther power ."
(e)	The same definition is further amended by inserting after pa r ag raph (c) t he following paragraph :—

(g)

(d) any bakehouse .

(f) The following definitions are inserted next after the definition of " inspector " :—

" Mechanica l power " means power genera ted by water , s team,

gas, oil, electr ici ty, or any power o ther t han m a n u a l power.

" M i l l - g e a r i n g " includes any shaft, w h e t h e r u p r i g h t , obl ique , <

or horizontal , and any wheel , d rum, pul ley , bel t , rope, or*

chain by which the motion of the first moving power is

communica ted to t h e operat ive pa r t of any machine .

(g) The following is inserted at the end of the definition of " occupier " :- -" Tor the purposes of any struct ural a l tera t ion or bu i ld ing addi t ions required by this Act to he made to a factory or shop, the .Minister may . by notice in the form prescribed, notify the owner of the factory or shop, or the person receiving the ren t for the same, whe the r on his own account or on account of any o ther person, t h a t he will regard h i m for such special purposes as the occupier of the s a m e ; and thereaf ter the said owner or person shall , for the said purposes, be deemed to be the occupier of t he factory or shop . "

3. Section six of the said Act is amended -

(a) by omi t t i ng subsection o n e ;

(b) in subsect ion two by omi t t i ng " a n y t e n e m e n t " and inse r t ing

" or about to occupy any p r e m i s e s " ; by inser t ing after " s o

u s e d " the words " o r again u s e d " ; by omi t t ing " sha l l register

the bu i ld ing " and inser t ing "- may register the premises " ;

(c) by omi t t i ng t he last pa ragraph of subsection two from " a n y

occupier " to the end of the subsect ion.

(d) by adding the following new subsection at the end of the section :—

( i n ) The inspector or such o ther person as aforesaid may , if he th inks fit, instead of regis ter ing t he premises, issue a pe rmi t au thor i s ing the use1 of the premises for a period to be named in such pe rmi t pending the car ry ing out of any a l tera t ions or repairs requi red in order to m a k e such premises sui table for a factory. Such permi t may , from t ime to t ime, lie ex tended by the Minis ter .

4. The following new sections are inserted next after section six of the said Act :—•

6A. Any person in occupat ion of an unregis tered factory
wi th in a distr ict to wh ich a t the t ime of such occupat ion the provisions

of th is Act have for a period of at least twen ty -e igh t days been applied

t h a t he had du ly applied within the prescribed t ime for the regis t ra t ion	shall be l iable to a pena l ty not exceeding ten pounds unless he proves	of t he factory, and had taken all proper measures to obtain the reg is t ra t ion of the factory and tha t such appl icat ion had not been refused, or t ha t he is the holder of a permi t unde r this Act au thor i s ing h i m to occupy the factory.
6B. (1) If. in the opinion of an inspector, any office, bui ld ing, or place used or about to be used as a factory, is unfit for such purpose, he shall, by notice in wri t ing served on the occupier or the appl icant for regis t ra t ion of the factory, personal ly or posted to his last known address, reques t such occupier or app l i can t to comply wi th such requ i rement s specified in such notice as be may deem necessary to render such office, bui ld ing, or place fit for occupation as a factory.

" (2)

(2) If the occupier or appl icant is dissatisfied wi th the r equ i r emen t s of t h e said notice, he may, wi th in seven days of service of such not ice, appeal to the Minis te r in wr i t ing in the form prescribed, s ta t ing what amendmen t s in the said requ i rements he desires should

be made .

(3) The Minis ter may for thwith determine the appeal , or may appoin t a competent person to hold an invest igation in such m a n n e r and under such condit ions as the Minis ter may approve as to t he necessity for, or reasonableness of, the inspector ' s r equ i rements , and to repor t to him and m a k e a recommendat ion as to whe the r such requ i remen t s , or any one or portion of any one of them, should be carried into effect.

(f) The Minis ter shall m a k e such order as he deems j u s t

and necessary, and his decision shall be final,

(5) W h e r e an inspector reports t ha t in his opinion no r equ i r emen t s tha t may be specified will, by reason of s t ruc tura l difficulties, sani tary defects, or otherwise, fit any office, bui lding, or place, for use as a factory, he shall so repor t to t he Minis ter , and the Minis te r may the reupon take such act ion as hereinbefore referred to, and m a k e an order forbidding the use of the said office, bu i ld ing , or place as a factory or such o ther order as he may th ink lit.

5.    (1) P a r a g r a p h (ii) of section seven of the said Act is amended

by inse r t ing after " nuisances " the words "' or any person w h o m ho

may t h i n k qualified to act as an in t e rp re te r . "

(2) Paragraph (v) of the same section is amended by inser t ing

t h e following at the end thereof:—•

" Provided tha t no person shall be required to answer any quest ion, if t he answer to such question m i g h t inc r imina te h i m . "

(3) The following pa rag raph is inserted next after para­

graph (v) aforesaid :—

(v A) subject to this Act , to conduct prosecut ions in connect ion

herewi th , w h e t h e r the informat ion be laid in his name or not,

to t ake proceedings for the p u n i s h m e n t of offences agains t

this Act , and to a t t end and examine witnesses a t any inquest into the cause of the death of any employee while employed in a factory or shop.

6. Section twelve of the said A c t is amended by omi t t i ng " e ighteen " and inser t ing the words "' twen ty -one . "

7. Section twenty-four of t he said Act is amended in subsect ion one by inse r t ing after " his " the words " factory or ."

8. The following new section is inser ted nex t after section twenty- four of the said Act : —

24A . W h e r e , in the opinion of t h e Minis ter , a change of the

dress of any females employed in a fac tory or shop is rendered necessary by the work to be done, or is desirable for t he comfort of such

employees,

employees, t h e occupier of such factory or shop shall, a t the reques t in wr i t i ng of t he Minis ter , on or before the da te fixed in such request , provide sui table dressing-rooms for such employees, under a pena l ty not exceeding one pound for each day such room is not provided after t he day fixed for so doing.

9. Section twenty-f ive of the said A c t is omit ted, and the

following sections are subs t i tu ted in i ts place :—
25. Every occupier of a factory or shop who causes or permi ts wear ing appare l to be made, cleaned, or repaired in, or issues any mater ia l s from, any bui ld ing , whe the r a factory or not , in which any person is suffering from a disease declared by or under any law re la t ing to Pub l ic H e a l t h to be an infectious disease, shall be liable to a penal ty not exceeding twen ty pounds, unless he proves tha t he was no t aware of the exis tence of t he disease in the bu i ld ing and could no t reasonably have been expected to become aware of it.

25A . W h e r e in connect ion wi th any factory any employees

arc lodged in a n y premises in the possession of the occupier of t h e factory, w h e t h e r a t tached to or detached from such factory, all such premises shall be open to inspect ion by an inspector, and in respect thereof he may exercise all the powers as to sani tary r equ i r emen t s which he is ent i t led to exercise in respect of the factory.

25n. W h e r e i t appears to an inspector t h a t any act, neglect , or defaul t in re la t ion to any drain, water-closet , pr ivy, ashpi t , wate r - supply, nu isance , or other m a t t e r in, about , or in the vicini ty of a factory, is punishable , or t ha t the consequences of such act , neglect , or default , a re remediable , unde r any law re la t ing to the publ ic hea l th or any o ther law, b u t not unde r this Act , such inspector shall give not ice in wr i t ing to t he au thor i ty general ly admin i s t e r ing t he A c t or t he local au thor i ty in whose distr ict t h e factory is s i tua te , and it shal l be the du ty of such au tho r i t y to m a k e such inqu i ry into the subject of t he notice, and take such act ion the reon as to such au tho r i t y may seem proper for the purpose of enforc ing or carrying

out t he law. 10. (1) P a r a g r a p h (i) of section twen ty -e igh t of the said Act

is amended by inser t ing after " s t e a m - e n g i n e " the words " o r other

engine used for genera t ing mechanica l power."

(2) P a r a g r a p h ( i n ) of the same section is amended by

inser t ing after " mi l l -gear ing " the words " and every cog-wheel ."

11. Section t h i r t y of t he said A c t is amended by inser t ing after

" m a c h i n e , " wherever	occurr ing in the	section, the words " or mil l-
gea r ing . "

12. Subsect ion three of section th i r ty- four of the said A c t is

repealed, and t h e following is inserted :—
(3) Every factory in which persons arc employed above

the first floor shall , in addition to the usual fire escapes, dis t inct

from

from the stairs in ordinary use, be provided, on each floor above the first floor, with means by which persons prevented by flames or smoke from descending by the ordinary ways may be enabled to descend in safety from windows or o ther openings or by external s ta i rs , ladders, or b \ r such o ther means as may lie deemed sufficient. All such means to be approved in wr i t ing by the chief officer of fire brigades, or any officer of fire brigades appoin ted by him in t h a t behalf.

13. The following section is inser ted nex t after section th i r ty -

five of the said A c t : —

35A . The Minis te r may, byr order, prohibi t the emp loymen t in

any factory or class of factory, a t or in connect ion wi th any mach ine ry described in such order as dangerous , of males under the age of s ix teen years or of females in any work in which he considers it undesi rable that, they should be employed.

W h e r e in any factory there is a cont ravent ion of any such order, the occupier of the factory, who has been served with a copy of such order, shall be deemed to be gui l ty of an offence aga ins t th is Act .

14. Section thi r ty-seven of the said Act is amended by add ing

the following subsections at the end thereof :—
(2) Not ice of having availed himself of t he proviso to subsection one of this section shall be given by the occupier of the factory to an inspector or such other person as the Minis ter may n a m e , w i th in for ty-eight hours after the c o m m e n c e m e n t of t he work ing of such overt ime, and a copy thereof shall be affixed in the factory wi th in such period. The notice shall be accompanied by a s t a t emen t signed by the occupier of the facts on which he relies to show t h a t such work ing was bona fide for the purpose of mee t ing the exigencies of t rade .
(3) The occupier of a factory shall keep a record each week, in t he form and conta in ing the par t iculars prescribed, of t he occasions on which h e avails himself of the said proviso.

(4) I f the Minister is not satisfied tha t such work ing was

bona fide for the purpose of meet ing the exigencies of t rade , he shall

give not ice in wr i t ing of his dissatisfaction to t he occup ie r ; and unless the occupier, wi thin one month from such notice, proves to t he satisfaction of the Minis ter tha t such work ing was bona fide for such purpose, t he Minis ter shall direct t h a t a record be made tha t the work ing was not bona fide for such purpose.

(5) I f t he Minis ter directs such record to be made in regard to any occupier of a factory three t imes wi th in any twelve mon ths such occupier shall not thereaf ter at any t ime be entit led to avail himself of the said proviso unless by the special permission of the Minister .
(6) If any person contravenes any provision of this section
he shall be liable on conviction to a pena l ty for the first offence not

exceeding five pounds , and for any subsequent offence not exceeding

t w e n t y pounds . 15.

15. Section forty of the said Ac t is amended by omi t t ing t he words " under eighteen years of age, ' ' and by subs t i tu t ing t he word. " six " for the word " seven."

16. The following section is inserted nex t after section forty-two

of the said A c t : —

42A. (1) In any factory where any Chinese works, and in any other factory where any person is employed in p repar ing or m a n u f a c t u r i n g articles of furni ture , no person shall work, or shall employ or au thor i se or permit any person whomsoever to work on a n y day before half-past seven o'clock in the morn ing or after six o'clock in t he evening, or on a Sa turday after one o'clock in the afternoon, or on Sunday a t any t ime whatever ; and no portion of a factory used for the purpose of p repa r ing or m a n u f a c t u r i n g goods or ar t icles for t rade or sale shall a t any t ime be used as a s leeping place.

(2) If any person offends agains t any of the provisions of this section, he shall for each and every day in which he offends be liable on conviction to a penal ty for the first offence not exceeding ten pounds , and for a second or subsequen t offence not exceeding twenty- five pounds ; and the regis trat ion of a factory, the occupier of which is convicted under this section of a th i rd offence, shall be forthwith cancel led by the Minister .

(3) I n any prosecut ion for an offence against th is section,

ev idence—

(a)	that at any time during which work is prohibited by this section in any factory, sounds have been heard, such as would ordinari ly be heard if made by persons engaged in such factory in the usual work therein carried on ; and
(b)	that during such time any member of the police force or inspector was refused or could not gain immedia te admission to such factory,

shall be p r ima facie proof that the provisions of this section have been

contravened by the defendant . (4) I n order to meet the exigencies of t rade , the Minis te r
may , subject to the conditions and restr ict ions imposed in section

th i r ty-seven, suspend the operat ion of this section re la t ing to t he work ing hours in any one or more factories for any period not exceeding

two months .

17. Section forty-five of t he said Act is amended by add ing the following subsect ion : —

(2) I n a prosecution for any such breach or contravent ion,
an au thor i ty to prosecute, purpor t ing to have been signed by t h e

Minis ter , shall be pr ima facie evidence of such au thor i ty wi thou t

proof of t he Minis te r ' s s igna ture .

18. The following section is added a t the end of the said Ac t :—-

56. The Governor may also m a k e	r egu la t ions—
(a)	to provide for the increase or reduction of the temperature of any rooms in a factory or shop ;
(b)	to prescribe the precautions to be taken against the risk of accident in a factory, and to impose on cer tain persons the
d u t y of seeing t h a t such precaut ions are t aken ;
(c)	to require the adequate lighting of any factory or portion

thereof ;

(d)	to prescribe the cubical spaces and the amount of ventilation for each person employed in a factory or in a room in a factory, and to p reven t the overcrowding of persons so e m p l o y e d ;
(e)	to prescribe the material of the flooring and ceiling of factories ;

(,/) to prescribe the dimensions of dressing rooms in factories or

s h o p s ;

((f) to regula te closet accommodat ion in factories and shops wi th regard to si tuat ion, design, construct ion, mater ia l , approach, space, and vent i la t ion, as may be necessary for decency or t he hea l th and convenience of employees, and to secure proper sani tat ion ;

(//) prescr ib ing that separate closet accommodat ion for members of each sex employed in a factory or shop and who are not all member s of the same family shall be provided ;

(i)    to compel the supply of sufficient wash-basins and water for

t h e use of employees in factories or s h o p s ;
(j)	to compel the supply of sufficient cold d r ink ing water for the use of such employees ;
(k)	to compel the fencing of stairways, tanks, vats, and grind­ stones in factories ;

(/) ex tend ing the provisions of section twen ty - two of th is Ac t so as to apply to shops or any specitied classes of shops ;

(m)	ex tend ing the provisions of subsection one of section th i r ty -
four of th is Act , so as to app ly to shops or to any specified classes of shops ;
(w)	regulating the construction of doors of exit in any specified
classes of shops, and providing for u n i n t e r r u p t e d exit by

such doors dur ing work ing hours ;

(6) impos ing any pena l ty not exceeding t w e n t y pounds for the

breach of any regula t ion made u n d e r this section :

Provided tha t t he Min is te r by notification in t h e Gazet te

may exempt any shops or classes of shops from any regula t ions made under pa rag raph (h) or paragraph (l) of th is section, and m a y amend or revoke any such notification.