Industrial Law Amendment Act of 1965 (Qld)

(Queensland ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 1 of 1965 An Act to Make Further Provision for Upholding the Industrial Law [ASSENTED TO 17TH MARCH, 1965) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Industrial Law Amendment Act of 1965." (2) Operation of Act . Save and except section twelve hereof, this Act shall be in force in the mineral field notified and proclaimed by the name of the Mount Isa Gold and Mineral Field under the powers and authorities of " The Mining Act of 1898," as amended by subsequent Acts, by a Proclamation published in the Gazette of the nineteenth day of October, one thousand nine hundred and fifty-seven. This Act shall continue to be in force in the said mineral field so long as the state of emergency declared to exist in the State by the Proclamation of Emergency made under " The State Transport Acts, 1938 to 1943," and published in the Gazette of the tenth day of December, one thousand nine hundred and sixty-four, continues to exist by reason of the further Proclamation made under the said Acts and published in the Gazette of the ninth day of March, one thousand nine hundred and sixty-five. and any further Proclamation or Proclamations made under the said Acts and published in the Gazette at any time or from time to time after the passing of this Act.

2 Industrial Law Amendment Act of 1965, No. I 2. Construction of Act. This Act is in addition to any other Act or law and the operation and effect of any provision of this Act shall not be limited or detracted from or affected howsoever by any provision of another Act or law. 3. Meaning of terms . 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 a Magistrates Court to be dealt with according to law; " Attempt "-Has the same meaning as in " The Criminal Code " and " attempting " has a correlative meaning; " Award "---The Mount Isa Mines Limited Award published in the Queensland Government Industrial Gazette of the fourteenth day of September. one thousand nine hundred and sixty-four, including any variation of that Award made subsequently to that date; " Road "-Includes every road. street, highway, alley, avenue, lane, thoroughfare. carriageway, footway, and all bridges, culverts, approaches, and other things appurtenant to any road which (whether or not it is open to or used by the public generally and whether or not it is proclaimed or dedicated as a road) is open to or used by the employees of Mount Isa Mines Limited or to which such employees have or are permitted or suffered to have access: The term includes any private roadway used on any mining tenement under and within the meaning of " The Mining Act of 1898," as subsequently amended. 4. Counselling , & c., person to leave employment an offence. (1) A person shall not- (a) compel, counsel, procure or induce or attempt to compel, counsel, procure or induce or do any act which would be likely to compel. counsel, procure or induce any person to refrain from engaging in or returning to employment, or to refrain from offering to engage in or to return to employment, or to leave or discontinue work in employment, or to refuse to accept contract and/or piece work allowed by the Award; or (b) do or omit to do any act or thing the doing or omission whereof would be likely to cause fear to any person employed or apparently employed or desirous of being employed, or proceeding or apparently proceeding to or from employment, at or for the mine or works of Mount Isa Mines Limited and whether- i, as an employee of Mount Isa Mines Limited: or (ii) as an employee of a contractor or sub-contractor performing or executing any work on behalf of Mount Isa Mines Limited: or (iii) for any person doing contract or piece work for Mount Isa Mines Limited.

Industrial Lair Amendment Act of 1965, No. I (2) A person shall not attend at or near any dwelling-house or other place- (a) for the purpose of compelling, counselling, procuring or inducing or for the purpose of attempting to compel, counsel, procure or induce, or in such a manner as would be like;, to compel, procure or induce any other person to refrain from engaging in or returning to employment, or to refrain from offering to engage in or to return to employment, or to leave or discontinue work in employment, or to refuse to accept contract and/or piece work allowed by the Award; or (b) for the purpose of causing or attempting to cause fear to any person employed or apparently employed or desirous of being employed, or proceeding or apparently proceeding to or from employment, at or for the mine or works of Mount Isa Mines Limited and whether- (;) as an employee of Mount Isa Mines Limited; or (ii) as an employee of a contractor or sub-contractor performing or executing any work on behalf of Mount Isa Mines Limited; or (iii) for any person doing contract or piece work for Mount Isa Mines Limited. (3) A person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act and may be arrested without warrant. Moreover any person found by a member of the Police Force attending at or near any dwelling-house or other place who fails to satisfy that member that such attendance is not an offence against this section may be arrested without warrant. 5. Unlawful influence . (1) Where the presence of any person on any road, land, building, premises or place is, in the opinion of a member of the Police Force of or above the rank of sergeant, likely- (a) to cause fear to any person employed or apparently employed or desirous of being employed, or proceeding or apparently proceeding to or from employment; or (b) to influence any person to refrain from engaging in or returning to employment, or to refrain from offering to engage in or to return to employment, or to leave or discontinue work in employment, or to refuse to accept contract and/or piece work allowed by the Award, at or for the mine or works of Mount Isa Mines Limited and whether- (;) as an employee of Mount Isa Mines Limited; or (ii) as an employee of a contractor or sub-contractor performing or executing any work on behalf of Mount Isa Mines Limited; or (iii) for any person doing contract or piece work for Mount Isa Mines Limited, 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 remove himself from the road, land, building, 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 building, premises or place as may be specified by such member.

Industrial Lour Ameoodment Act of 1965, No. I (2) In any prosecution for an offence against this section it is immaterial whether or not the evidence estahlishe; that fear was likely to be caused to any particular person or that any particular person vas likely to be influenced as aforesaid. (3) A member of the Police Force may form an opinion as aforesaid from information given him, or from the circumstances of the case as known to him, or from both such information and circumstances. In any prosecution for failure to comply in any 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 am particular person was likely to be caused fear or influenced as aforesaid. (4) Where an opinion under subsection ( 1) of this section is formed b\ a member of the Police Force in respect of two or more of the persons present at the same time on any road, land, building, premises or place. such member may, at his discretion. give any direction authorised by the said subsection to those persons or some of those persons collectively. (5) The provisions of this section shall not empower a member of the Police Force to direct any person resident in 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 a resident of a dwelling-house all such directions as that member considers necessary to ensure that such resident 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 (5) of this section, the provisions of this section shall apply and extend to and with respect to all roads, land. buildings, premises and places and to and with respect to all persons present in or on any roads, lands, buildings, premises or places, including the owner or occupier thereof and a person present thereon or therein s het her 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 shad be guilty of an offence against this Act and may be arrested without warrant. 6. Threats, & c., prohibited . .Ann person who uses, either verbally or in writing, threatening. intimidator), offensive or insulting words to another person or to the wife, child, or parent of another person- (a) on account of that other person engaging in or returning to employment, or offering to engage in or to return to employment. or failing to leave or continuing work in employment, or accepting contract and,or piece work allowed by the Award: or (h) for the purpose of procuring that other person to refrain from engaging in or returning to employment, or to refrain from offering to engage in or to return to employment, or to leave or discontinue work in employment, or to refuse to accept contract and/or piece work allowed by the Award, at or for the mine or works of Mount Isa Mines Limited, and whether- (i) as an employee of Mount isa Mines Limited, or

Industrial Law Amendment Act of 1965, N o. I (ii) as an employee of a contractor or sub-contractor performing or executing any work on behalf of Mount Isa Mines Limited. or (iii) for any person doing contract or piece work for Mount Isa Mines Limited, shall be guilty of an offence against this Act and may be arrested without warrant. 7. Unlawful display of posters , &c. (1) A person shall not- (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 or allow or suffer to be written or printed or displayed on any vehicle, wall, fence. erection, road, or footway, or otherwise within sight of any other person, any words, pictures, signs or symbols counselling , procuring or inducing or tending or likely to procure or induce any other person to refrain from engaging in or returning to employment, or to refrain from offering to engage in or to return to employment, or to leave or discontinue work in employment, or to refuse to accept contract and/or piece work allowed by the Award, or likely to cause fear to any other person in relation to employment, at or for the mine or works of Mount Isa Mines Limited and whether-- (i) as an employee of Mount Isa Mines Limited; or (ii) as an employee of a contractor or sub-contractor performing or executing any work on behalf of Mount Isa Mines Limited; or (iii) for any person doing contract or piece work for Mount Isa Mines Limited. (2) A person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act and may be arrested without warrant. (3) Any member of the Police Force who is of the opinion that in respect of or by means of any of the following things any provision of this Act is being or has been or is about to be contravened either directly or indirectly may seize the same namely:- Any vehicle, banner , placard, sign, typewriter. roneo , machine used for printing, typing, copying or reproducing any written or printed matter, stencil , record, tape recorder, any machine or apparatus used for addressing, recording, amplifying or any machine or apparatus or matter or thing whatsoever. 8. Name and address . Any person found committing or who has committed or is suspected of having committed an 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 requirement of this section shall be guilty of an offence against this Act and may be arrested without warrant.

6 Industrial Law Amendment Act of 1965, No. I 9. Entry. Any member of the Police Force who is of or above the rank of sergeant may enter at any time without any other authority than this Act, using such force as he considers necessary, and with such assistants as he considers necessary into or upon any road, land, building, premises or place- (r) for the purpose of exercising any power conferred upon a member 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 road, land, building, premises or place; or (iii) when in his opinion any person who has committed an offence against this Act may be found in or on that road, land, building, 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 reasonable grounds 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. 10. Obstructing members of Police Force . A person who obstructs or hinders a member of the Police Force in the exercise of his powers under any of the provisions of this Act shall be guilty of an offence against this Act. 11. Offences . An offence against this Act may be prosecuted in a summary way under " The Justices Acts, 1886 to 1964," on the 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. 12. Validation . (1) The Proclamations made under " The State Transport Acts. 1938 to 1943," and published in the Gazettes of the tenth day of December, one thousand nine hundred and sixty-four, and the ninth day of March. one thousand nine hundred and sixty-five. and the Orders in Council made under those Acts and published in the Gazettes of the tenth day of December. one thousand nine hundred and sixty-four, the fourteenth day of December, one thousand nine hundred and sixty- four, the twenty-seventh day of January, one thousand nine hundred and sixty-five. the first day of February, one thousand nine hundred and sixty-five, and the ninth day of March. one thousand nine hundred and sixty-five are hereby ratified and confirmed. (2) The provisions of the fifth paragraph of section twenty-six of " The State Transport Acts, 1938 to 1943," (being the paragraph commencing with the words " If Parliament passes a resolution ") shall not apply, and it is hereby declared never have applied, to any Proclamation or Order in Council mentioned in subsection (1) of this section.

industria l Lai^- Amendment Act of 1965, No. 1 7 (3) The powers conferred upon the Governor in Council by section twenty-two of " The State Transport Acts. 1938 to 1943," include power to continue at any time and From time to time by a further Proclamation or Proclamations thereunder the existence of the state of emergency declared to exist in the State by the Proclamation published in the Gazette of the tenth day of December, one thousand nine hundred and sixty-four, provided that the said state of emergency shall not be continued in existence by any one such Proclamation for a period exceeding three months. (4) During the continuance of the said state of emergency the Governor in Council by Order in Council (including by Order in Council amending or substituted for any of the Orders in Council specified in subsection (1) of this section) may, and is hereby authorised to exercise in respect thereof, all of the powers and authorities which the said section twenty-two prescribes may be had and exercised by him in respect of such a state of emergency and every such Order in Council shall be obeyed and have full force and effect accordingly as if it were an enactment of this Act.