Factories, Shops and Industries (Amendment) Act 1975 (NSW)

FACTORIES, SHOPS AND INDUSTRIES

(AMENDMENT) ACT.

ANNO VICESIMO QUARTO

ELIZABETHE II REGINE

Act No. 20, 1975.

An Act to exclude art and handicraft galleries from the operation of the laws relating to the early closing of, and Sunday trading in, shops; to make further provision with respect to the sale of goods in small shops, penalties, and the fees payable for registration of factories and shops; for these and other purposes to amend the Factories, Shops and Industries Act, 1962; and for purposes connected therewith. [Assented to, 14th April, 1975.] BE

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows: —

1. This Act may be cited as the "Factories, Shops and

Industries (Amendment) Act, 1975".

2 .       (1) Except as provided in subsection ( 2 ) , this Act

shall commence on the date of assent to this Act.

(2) Section 5 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 . The Factories, Shops and Industries Act, 1962, is, in

this Act, referred to as the Principal Act.

4 .      The Principal Act is amended—

(a ) (i) by omitting paragraph (g) of the definition of "Small shop" in section 76A (1) and by

inserting instead the following paragraph :— (g) The only goods sold or offered or

exposed for sale in the shop shall be
the goods specified in clauses (1 ) and (2) of Schedule 3A, or some of them.

(ii)   by omitting from section 76A (2) the matter

"or ( 3 ) " ;

(iii)   by omitting from section 76A (2) the words "or areas" wherever occurring;

(iv)

(iv)   by omitting from section 76A (2) the words "and an area may be described in such a proclamation by excluding an area from a larger area";

(b) by inserting after section 88 the following section:—

88A. Nothing in this Division applies to any art

or handicraft gallery, or art and handicraft gallery,

wherein goods that are—

(a) works of art or of handicraft;

(b)	articles or materials for use in mounting, framing or displaying the works specified in
paragraph ( a ) ;
(c)	books, catalogues or other publications relating to art or handicraft; or

(d) other prescribed goods,

but no other goods, are sold or offered or exposed
for sale.

(c) (i) by omitting from clause (2) of Schedule 3A the words "Potatoes." and "Onions." and by inserting instead the words "Fruit and vegetables.";

(ii) by omitting clause (3) of Schedule 3A.

5.      The Principal Act is further amended—

(a) by omitting section 11 (8) ( a ) ;

(b) by omitting section 76 (6) ( b ) ;

(c) by omitting Schedule Two.

A provision of the Principal Act specified in Column 1 of the Schedule is amended by omitting from that provision the words specified opposite that provision in the column headed "Words to be omitted" in Column 2 of the Schedule and by inserting instead the matter specified opposite that provision in the column headed "Matter to be inserted" in Column 2 of the Schedule.

6.

SCHEDULE

Column 2

Column 1
Column 1

Matter to be

Words to be omitted inserted

Section 11 (13) (c)	one hundred dollars	$200
Section 15 (4)	one hundred dollars	$200
Section 16 (2)	one hundred dollars	$200
Section 19 (4)	one hundred dollars	$200
Section 27 (4)	six hundred dollars	$1,500
Section 45 (2) (b)

Section 45 (2) (b) two hundred dollars and $500 and to a

to a further penalty	further penalty
not exceeding twenty	not exceeding
dollars	$50

Section 48 (5) (a)	one hundred dollars	$500
Section 63 (3)	one hundred dollars	$200
Section 71	forty dollars	$100
Section 72 (2)	one hundred dollars	$500
Section 100 (4)	one hundred dollars	$200
Section 144 (1) (e)	one hundred dollars	$500
Section 147 (1)	two hundred dollars	$500

Section 147 (2) forty dollars $100

Section 151	two hundred dollars	$500
Section 152	one hundred dollars	$200

LOCAL