Factories and Shops (Further Amendment) Act 1941 (NSW)

FACTORIES AND SHOPS (FURTHER

AMENDMENT) ACT.

Act No. 42, 1941.

An Act to enable penalties under the Factories and Shops Act, 1912-1936, as amended by subsequent Acts, to be recovered before a police or stipendiary magistrate; to consti­ tute a Factory Welfare Board, and to define its powers, duties and functions; for these and other purposes to amend the Factories and Shops Act, 1912-1936, as amended by subsequent Acts, in certain respects; and for purposes connected therewith. [As­ sented to, 8th October, 1941.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1. (1) This Act may be cited as the "Factories and Shops (Further Amendment) Act, 1941."
(2) The Factories and Shops Act, 1912-1936, as amended by subsequent Acts and by this Act, may be cited as the Factories and Shops Acts, 1912-1941.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2. The Factories and Shops Act, 1912-1936, as amended by subsequent Acts, is amended—

(a) (i) by omitting from section fifty-four the
figures "1912" wherever occurring and by
inserting in lieu thereof the figures "1940" ;

(ii)   by inserting in subsection one of the same section after the word "before" the words " a police or stipendiary magistrate o r " ;

K (iii)

(iii)   by inserting in subsection two of the same section after the word "proceedings" where secondly occurring the words "before a police or stipendiary magistrate or an

industrial magis t ra te";

(b) by inserting in section fifty-six before the words "industrial magis t ra te" the words "police or stipendiary magistrate or" .

3. The Factories and Shops Act, 1912-1936, as

amended by subsequent Acts, is further amended—

(a) (i) by omitting subsection two of section thirty- four and by inserting in lieu thereof the following new subsections :—

(2) Where the Minister is satisfied, upon the report of the Factory Welfare Board constituted under this Act, or of an inspec­ tor or otherwise, that any manufacture, machinery, plant, appliance, equipment, material, process or description of manual labour, used in any factory or class or description of factories, 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, recrea­ tion, meals, changing and protection of clothing, and washing, are necessary or desirable in the interests of persons

employed in any factory, or class or descrip­

tion of factories he may, subject to the
provisions of this Act—

(a) by order, direct the occupier or occupiers of such factory or class or description of factories to make such provision or to take such steps or to observe such prohibitions, restric­ tions, precautions, or obligations or to provide such facilities; or

(b)

(b) make such regulations,

as appear to him to be reasonably practic­ able and to meet the necessity of the case.

(2A) Where the Minister has, under the provisions of subsection two of this section, made an order in respect of any factory or class or description of factories and the requirements of such order have not been complied with in respect of any factory to which such order applies within the time specified therein, then such factory shall be deemed to be not kept in conformity with this Par t of this Act.

(ii)   by inserting in subsection three of the same section after the word " p l a n t " the words

"appliance, equipment, mater ia l" ;

(b) by omitting section 36c, and by inserting in lieu thereof the following new section:—

36c. (1) There shall be constituted a Factory Welfare Board which shall consist of three members appointed by the Governor.

One of such members, who shall be the chair­ man of the Factory Welfare Board, shall be the person who for the time being holds the office of Chief Inspector of Factories. One of such mem­ bers shall be representative of employers and the other shall be representative of employees. Such members (other than the Chief Inspector of Factories) shall be appointed for a term of three years, shall bo eligible for reappointment and shall be paid such remuneration or fees and

travelling expenses as may be prescribed.

(2) It shall be the duty of the Factory
Welfare Board—

(a) to encourage and assist in the estab­ lishment in factories of welfare com­ mittees; to direct and supervise the activities of such committees; to investigate and make recommendations to the Minister in respect of special measures necessary to secure the safety or health of employees and in respect

of

of matters relating to the welfare of employees, the prevention of accidents in factories, and the provision of facilities for medical or first-aid atten­ tion, rest, recreation, meals, changing and protection of clothing, and wash­ ing; 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 rela­ tion to the safety, health and welfare of employees in factories and the housing of such employees.

(3) The Minister may upon the recom­ mendation of the Factory Welfare Board and in the manner prescribed establish welfare com­ mittees for any factory or class or description of factories. Such committees shall have such powers in relation to the promotion of the welfare of employees in such factory or class or description of factories as may be prescribed.

(4) The Governor may under and sub­ ject to the Public Service Act, 1902, as amended by subsequent Acts, appoint factory welfare officers who shall have the powers and duties prescribed. An inspector may exercise and perform the powers and duties of a factory welfare officer.

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