Industrial Law Amendment Act of 1948 (12 Geo Vi No. 9) (Qld)

118 LABOUR. Ind'ustrial Law Amendment Act. 12 GEO. VI. No. 9, 12NGoE.O9. . VI. An Act to Make Further Provision for Upholding the INDUSTRIAL LAw Industrial Law. AMENDMENT ACT OF 1948. [ASSENTED TO 10TH MARCH, 1948.] 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:- Short title. 1. This Act may be cited as " The Industrial La,w Amendment Act of 1948." Construe- 2. The provisions of every other Act or Law of tion of Act. this State shall be read and construed so as not to limit or affect the operation and effect of any provision of this Act: Provided that where any act or omission is both an offence under this Act and an offence under another Act or Law, that offence may be prosecuted either under this Act or under such other Act or Law but so that the offender shall not be liable to be twice convicted in respect thereof. Meaning of terms. Arrested without warrant. Attempt. Road. 3. In this :Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them- "Arrested without Warrant"-The term means that, subject to this Act, the offender may be arrested without warrant by any member of the police force and taken before Justices to be dealt with according to law. "Attempt"-Has the same meaning as in *((The CriminalCode" and "attempting" has a correlative meaning. "Road''-Includes every road, street, highway, alley, avenue, lane, thoroughfare, carriage- way, footway, or ferry, and all bridges, culverts, approaches, and other things appurtenant to a,ny road within the meaning of this definition, open to or used by the public or to which the public have or are permitted to have access whether on pay- ment of a fee or otherwise. * 63 V. No. 9, Seh. 1, and amending Acts.

1948. LABOUR. Industrial Law Amendment Act. 119 4. (1.).A. person shall not compel, counsel, Counselling, procure or induce or attempt to compel, counsel, ~ cd· ' t· 1 procure or I.nduce or d 0 any act or t h· lng wh·ICh WOU Id o lU ffeunsce na be likely to compel, procure or induce any person to prohibited. leave his employment or to discontinue his work in his calling or to refrain from returning to work in his calling if the doing by such lastmentioned person of the act so compelled, counselled, procured or induced or attempted so to be or which was likely to be so compelled, procured or induced as aforesaid- (i.) Would constitute disobedience of an order or direction of the Industrial Court; or (ii.) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *{(The Indus- trial Conciliation and Arbitration Acts, 1932 to 1947. lIl (2.) .A. person shall not attend at or near a house or land, premises or place where a person resides or works or proposes to work or proposes to resume work for the purpose of compelling, counselling, procuring or inducing or for the purpose of attempting to com- pel, counsel, procure or induce or in such a manner as would be likely to compel, procure or induce such last- mentioned person to leave his employment or to dis- continue his work in his calling or to refrain from returning to work in his calling if the doing by such lastmentioned person of the act so compelled, coun- selled, procured or induced or attempted so to be or which was likely to be so compelled, procured or in- duced as aforesaid- (i.) Would constitute disobedience of an order or direction of the Industrial Court; or (ii.) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *((The Indus- trial Conciliation and ATbitTation Acts, 1932 to 1947." (3.) .A. person who commits any breach of or who fails to comply with any of the provisions of this section shall be guilty of an offence and may be arrested without warrant. * 23 G. 5 No. 36 and amending Acts.

120 LABOUR. Industrial Law Amendment Act. 12 GEO. VI. No. 9. Unlawful influence. Moreover any person found by a member of the police force attending at or near any house or land, premises or place specified in this section, who fails to. satisfy that member that such attendance is not an offence against this section, may be arrested without warrant. 5. (1.) Where the presence of any person on any road, land, premises or place is, in the opinion of a member .of the police force of or above the rank of sergeant, likely to influence any person- (i.) To leave his employment; or (ii.) To discontinue his work in his calling; or (iii.) To refrain from returning to work in his calling, at any time when the leaving of his employment, or the discontinuance .of his work in his calling, or the refrain- ing from returning to work in his calling by such last- mentioned person- Ca) Would constitute disobedience of an order or direction of the Industrial Court; or (b) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *" The Indus- trial Conciliation and Arbitration Acts.. 1932 to 1947," that member of the police force may give to such first- mentioned person such verbal directions as the said member of the police force considers necessary in the circumstances, including a direction to forthwith rem.oVe himself from the road, land, premises or place where he then is or both a direction to so remove himself and a direction to remain at such distance from such road, land, premises or place as may be specified by such member. (2.) In any prosecution for an offence against this s'ection it is immaterial whether or not the evidence establishes that any particular person was likely to be influenced as aforesaid. (3.) .A member of the police force may form an opinion as aforesaid from the circumstances of the case and in any prosecution for failure to comply in any * 23 G. 5 No. 36 and amending Acts.

1948. LABOUR. Industrial Law Amendment Act. 121 respect with the requirements of a direction given by him by reason of his having formed that opinion it is immaterial whether or not the evidence establishes that any particular person was likely to be influenced as aforesaid. (4. ) Where an opinion under subsection one of this section is formed by a police officer in respect of two or more persons present at the same time on any road, land, premises or place, any direction authorised by the said subsection may be given by that police officer to those persons collectively. (5.) The provisions of this section shall not empower a member of the police force to direct an occupant of a dwelling-house to remove himself from that dwelling-house but shall apply and extend so as to empower a member of the police force to give to an occupant of a dwelling-house all such directions as that member considers necessary to ensure that such occupant will not offend against this section at any time when he is present in or on such dwelling-house and the land appurtenant thereto. (6.) Except as limited by subsection three of this section, the provisions of this section shall apply and extend to and with respect to all roads, land, premises and places and to and with respect to all persons present in or on any roads, l(1nds, premises or places, including in the case of any land, premises or place, the owner or occupier thereof and a person present thereon or therein whether by invitation or not. (7.) Any person who fails to comply in any respect with the requirements of a direction given to him under this section by a member of the police force shall be guilty of an offence and may be arrested without warrant. 6. Any person who uses, either verbally or in Threats, writing, threatening, intimidatory, offensive or insult- ~ .c. ~ Pd'0- ing words to another person or to the wife, child, or Iblte. parent of another person, on account of that other person continuing his employment or returning to work in his calling, or for the purpose of procuring that other person to leave his employment or to discontinue his work in his calling or to refrain from returning to work in his calling at any time when the

122 LABOUR. Industrial Law Amendment Act. 12 GEO. VI. No. 9, leaving of his employment, or the discontinuance of his work in his calling, or the refraining from returning to work in his calling by that other person- (a) Would constitute disobedience of an order or direction of the Industrial Court; or (b) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *" The Industrial Conciliation and Arbitration Acts, 1932 to 1947," shall be guilty of an offence and may be arrested without warrant. Unlawful display of posters, &c. 7. (1.) A person shall not- e a) Carry or display or drive or cause to be driven any vehicle carrying or displaying or affix in any place where the same is in sight of any other person any banner, placard, sign, or other thing which contains; or (b) Write or print or display or cause to be written or printed or displayed on any vehicle, wall, fence, erection, road or foot- way, or otherwise within sight of any other person, any words counselling, procuring or inducing any person to leave his employment or to discontinue his work in his calling or to refrain from returning to work in his calling if the doing by such lastmentioned person of the act so counselled, procured or induced- (i. ) Would constitute disobedience of an order or direction of the Industrial Court; or (ii.) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *" The Industrial Conciliation and Arbitration Acts, 1932 to 1947," or any threatening, intimidatory, offensive or insulting words in relation to any person or persons or class or classes of persons in respect of his or their refusal to leave his or their employment or to discontinue his or 23 G. 5 No. 36 and amending Acts.

1948. LABOUR. Industrial Law Amendment Act. 123 their work in his or their calling or callings or in respect of his or their return to work in his or their calling or callings if the leaving of his or their employ- ment or the discontinuing of his or their work in his or their calling or callings or if his or their refraining to return to work in his or their calling or callings- (i.) Would constitute disobedience of an order or direction of the Industrial Court; or (ii.) Would if done by more than one person constitute the taking part in a strike which is not authorised pursuant to *(( The Industrial Conciliation and Arbitration Acts, 1932 to 1947." (2.) .A person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and may be arrested without warrant. Moreover, any vehicle, banner, placard, sign, or other thing, or any written or printed matter in respect of which this section is being contravened, may be seized by any member of the police force. 8. .Any person found committing or who has N::-e and committed or is suspected of having committed an a ress. offence against this .Act shall, if thereunto required by a member of the police force, give to that member his true name and address and shall verify same to the satisfaction of that member. .Any person who fails to comply with any require- ment of this section shall be guilty of an offence and may be arrested without warrant. 9. .Any member of the police force who is of or Entry. above the rank of sergeant may enter at any time, using force if necessary, and with such assistants as he may deem necessary into or upon any land, premises or place- (i.) In the exercise or for the purpose of exercising any power conferred upon members of the police force by this .Act; or (ii.) When in his opinion an offence against this .Act has been, is being, or is about to be committed in or on that land, premises or place; or * 23 G. 5 No. 36 and amending Acts.

124 LABOUR. Ind1,~ strial Law Amendment Act. 12 GEO. VI. No. 9, 1948. (iii.) When in his opinion any person who has committed an offence against this Act may be found in or on that land, premises or place; or (iv.) For the purpose of searching for anything which may afford evidence of an offence against this Act or which there are reason- able grDunds for believing that it is intended to be used for the purpose of committing an offence against this Act; or (v.) In any other case if in his opinion such entry is necessary to give effect to any of the provisions of this Act, or to prevent or otherwise deal with any offence against this Act. Proof of 10. Evidence Df an order or direction of the doerdteerrmoinra- I n d ustria I C ourt may be given in any prosecu t' IOn for tion o~ the an offence against this Act- IndustrIal Court. ( a) By the production of the Gazette purport- ing to contain that order or direction; or (b) By the production of a document purport- ing to be certified by the Registrar Df the Industrial Court as a true copy of that order or direction. For the purposes of this section judicial notice shall be taken of the signature of the said Registrar. Offences. 11. An offence against this Act may be prosecuted in a summary way under *"The Justices Acts, 1886 to 1946" on a complaint of any member of the police force. Any person convicted of an offence against this Act shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months, or to both such penalty and imprisonment. * 50 v. No. 17 and amending Acts.