Labour and Industry Act 1958 (Vic)
Version No. 116
Labour and Industry Act 1958
No. 6283 of 1958
Version incorporating amendments as at 7 September 2007
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeals and savings
PART I—INTRODUCTORY
3Definitions
3AAct to bind Crown
4Application of Act
5Water boundaries of municipal councils
6Repealed
7Power to revoke Orders in Council
PART II—ADMINISTRATION
Division 1—The Department
8, 9Repealed
10General powers and duties of Minister
11–14Repealed
Division 2—General
15Employment of inspectors
16Records and trade secrets to be confidential
17Secretary to report annually
18, 19Repealed
PART III—Repealed
20–48Repealed
PART IV—REGISTRATION OF PREMISES
49Repealed
50Department to approve plans for factories
51–55Repealed
PART V—Heading repealed
Division 1—Heading repealed
56Factory to contain prescribed amount of space and ventilation
57Fire prevention appliances to be kept ready for use
58, 59Repealed
60Notice by inspector to council of sanitary defects in factory
61Sleeping places in factories etc.
62–77Repealed
PART VI—Repealed
78–98Repealed
PART VII—VARIOUS TRADES
Division 1—Repealed
99–101Repealed
Division 2—Bread
102, 103Repealed
104Offences as to delivery of bread
104AOffence as to sale of bread beyond 48·3 kilometres of place of baking
104BProof
105Evidence
106Proof of prior convictions on convictions for offence against Division
106AHolding company liable for offences by subsidiaries
106BDefinitions
106CPenalties
Divisions 3–7—Repealed
107–121Repealed
PART VIII—PLACES AND CONDITIONS OF EMPLOYMENT
Division 1—Places of employment
122Information to be posted
123Limewashing or washing of the interior of factories
124Repealed
125Conveniences for employees
126Repealed
127Owner etc. may be treated as occupier of premises for certain purposes
Division 2—Conditions of employment
128–138Repealed
139Factories and warehouses with certain exceptions to be closed on Anzac Day
140, 141Repealed
Divisions 3–5—Repealed
142–173Repealed
PART IX—Repealed
174–185Repealed
PART X—GENERAL AND SUPPLEMENTARY
Division 1—Inspections
186Power of inspectors
187Occupier to assist inspector in inspection
188Power to visit factories and inquire as to young persons' ages
Division 2—Legal proceedings
189–190Repealed
191Proceedings against offenders
192General provisions as to proceedings
193Repealed
194Prosecution of firms etc.
195Penalty on persons committing offence for which occupier is liable
196Exemption of occupier from penalty on conviction of actual offender
197–199Repealed
Division 3—Offences and penalties
200–202Repealed
203Forgery, false entries and declarations
204Repealed
205General provision as to offences
Division 4—Regulations
206Regulations
207Repealed
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SCHEDULES
SCHEDULES 1–6—Repealed
SCHEDULE 7—Factories or warehouses which may open on
Anzac Day
SCHEDULE 8—Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 116
Labour and Industry Act 1958
No. 6283 of 1958
Version incorporating amendments as at 7 September 2007
An Act to consolidate the Law relating to the Ministry of Labour and Industry, Industrial Matters and the Supervision and Regulation of Factories Shops and other Premises.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
This Act may be cited as the Labour and Industry Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Repeals and savings
(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under any of the repealed Acts, or existing or continuing under any of such Acts immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order rule application determination declaration petition direction registration licence permit certificate exemption approval nomination appointment notice fee transfer suspension record recognisance proceeding appeal liability or right made issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
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PART I—INTRODUCTORY
3Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
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bread has the meaning assigned to it by section two of the Bread Industry Act 1959;
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child means a person under the age of fifteen years;
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council means any municipal council;
Department means the Department of Innovation, Industry and Regional Development;
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factory means any premises or place where any manufacturing process is carried on and where—
(a)two or more persons are directly or indirectly employed in such process (whether on their own account or behalf or for hire or reward); or
(b)if—
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(ii)steam water gas oil or electric power (exceeding ×4 kilowatts) is used in any manufacturing process; or
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(iv)any process is used involving mixing or pasting or smelting in connexion with the manufacture or repair of electric accumulators or involving the use of a compound of lead; or
(v)any bread or pastry is made or baked for trade or sale or any confectionery or cereal food for human consumption is prepared or manufactured for trade or sale; or
(vi)fish or poultry are prepared for trade or sale by wholesale—
one or more persons is so employed—
and includes any premises or place where electricity is generated or mechanically transformed for the supply of heat or light or power or where coal gas is made and any clay pit or quarry worked in connexion with and occupied by the occupier of any pottery or brickyard; but does not include any part of a poultry farm where poultry are not dressed for trade or sale by wholesale;
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footwear means boots shoes slippers and sandals;
furniture means furniture of which wood forms a part and such as is usually made by cabinet-makers chair and couch makers upholsterers wood carvers or wood turners;
Government department includes any Government department other than the Department of Innovation, Industry and Regional Development and also (if the case so requires) any responsible Minister of the Crown for the time being administering a Government department;
guard includes fence;
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inspector means an inspector of factories and shops under this Act;
laundry does not include any institution or place in which the only persons employed are—
(a)inmates of any gaol juvenile school or other institution for the time being subject to inspection under any Act other than this Act; or
(b)inmates of an institution conducted in good faith for religious or charitable purposes;
manufacturing process includes any handicraft or work whatsoever done in any laundry or dye-works and whether or not done in preparing or manufacturing articles for trade or sale or any process in or incidental to the making assembling altering repairing renovating preparing ornamenting finishing cleaning washing or adapting of any goods or articles or any part thereof for trade or sale or gain or for purposes ancillary thereto, and Manufacturing has a corresponding interpretation;
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occupier of premises includes any person who is the employer of persons working at any trade usually carried on therein;
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proclamation means proclamation of the Governor in Council published in the Government Gazette;
public holiday means public holiday appointed by or under the Public Holidays Act 1993;
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Secretary means the Department Head of the Department;
shop means any building or place or portion of a building or place or any stall tent vehicle or pack in which goods are exposed or offered for sale by retail, and includes any rooms of hairdressers or barbers, boot repairers' shops, the rooms of dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners' shops and of agents of any such dyer or clothes cleaner, lending libraries, undertakers' establishments and the rooms of tailors or photographers;
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tractor includes any power transmission equipment attached to a tractor for the purpose of driving another machine, and the joint by which such equipment is linked to the other machine;
trade includes process trade business and occupation;
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warehouse means any building or portion of a building or place in which goods are sold or offered for sale by wholesale;
week means the period between midnight on Saturday night and midnight on the succeeding Saturday night.
(1A)If under the Public Administration Act 2004 the name of the Department of Innovation, Industry and Regional Development is changed, a reference in the definition of Department in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
(2)In Parts I and II (except section 17), Part VI, Division 2 of Part VIII and Part X, a reference to a shop includes a reference to any building or place or portion of a building or place or any stall tent vehicle or pack in which in the course of trade or business goods are sold or exposed or offered for sale by retail whether the building or place or portion or stall tent vehicle or pack is one in which goods are on one or on more than one occasion sold or exposed or offered for sale by retail.
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(5)The expression process trade business or occupation or any expression including one or more of such words when used in this Act refers either to the process or trade or business or occupation of the employer or to that in which the employé is employed or to both as the case requires.
3AAct to bind Crown
This Act shall bind the Crown in right of the State of Victoria.
4Application of Act
Except as otherwise expressly provided this Act shall apply throughout Victoria.
5Water boundaries of municipal councils
Where any municipal council is bounded whether in whole or in part by any lake or by the sea-shore all provisions of this Act determinations regulations and by-laws which are in operation in such municipal council shall within a distance of 5 kilometres from such boundary be operative also in all parts of such lake or the sea.
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7Power to revoke Orders in Council
The Governor in Council may at any time by Order published in the Government Gazette revoke alter or vary any Order in Council made pursuant to the provisions of this Act.
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PART II—ADMINISTRATION
Division 1—The Department
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10General powers and duties of Minister
It shall be the duty of the Minister in the exercise and performance of any powers and duties conferred upon or transferred to him by or under this or any other Act to take all such steps as may be desirable to secure the preparation effective carrying out and co-ordination of measures conducive to the industrial welfare of the people, including measures relating to—
(a)conditions of employment generally including wages hours of work rest periods and holidays;
(b)establishment of employment offices and the prevention and mitigation of unemployment;
(c)the employment of children and young persons including vocational guidance;
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(e)industrial relations including the prevention and settlement of industrial disputes;
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(g)the initiation and direction of research and the collection preparation publication and dissemination of information and statistics relating to any of the matters referred to in this section;
(h)the encouragement of the establishment development and expansion of industries throughout Victoria.
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Division 2—General
15Employment of inspectors
(1)There may be employed under Part 3 of the Public Administration Act 2004 so many inspectors of factories and shops as appear necessary.
(2)The Minister may by writing authorize any member of the police force or any employee in the public service either by name or by reference to the member's office or employee's position only (and where the reference is to the office only the holder for the time being of the office shall be authorized) to exercise and perform all the powers authorities duties and functions of an inspector in any specified place or district either during any specified period or without any limitation of time and may by writing revoke the authority.
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16Records and trade secrets to be confidential
Every officer or employé of the Department who—
(a)divulges the contents of any record prepared for the purposes of this Act except to the Minister or other officers or employés of the Department; or
(b)makes use of his knowledge of the contents of any such record except for the purpose of the compilation of general statistical information as required by this Act or for the purpose of enforcing the provisions of this Act; or
(c)reveals, either while an officer of the public service or at any other time, any manufacturing, commercial or other trade secret which may come to his knowledge in the course of his duty—
shall be guilty of an offence against this Act.
17Secretary to report annually
(1)The Secretary shall prepare an annual report for the Minister.
(2)Such report—
(a)shall be of a general and comprehensive character;
(b)shall not refer by name to any particular occupier of premises or be so framed as to readily admit of the identification of any such occupier;
(c)shall show as nearly as possible the whole numbers of persons engaged in working in shops in Victoria, together with such particulars of a general nature as the Minister requires.
(3)The Minister may before presenting the annual report to Parliament publish any general statistical information contained in the report or supply any such information to any person.
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PART IV—REGISTRATION OF PREMISES
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50Department to approve plans for factories
No person shall commence or permit or cause to be commenced—
(a)the building of any premises intended to be used as a factory; or
(b)any works to alter or add to any factory or premises intended to be used as a factory—
unless he has first submitted to the Department proper plans of such building works alteration or additions together with a statement in writing by the council of the district that the building works alteration or additions would not be in contravention of any statute by-law regulation or order including any order made under the Town and Country Planning Act 1961 and obtained from the Department approval of such plans.
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56Factory to contain prescribed amount of space and ventilation
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(2)A factory or any portion thereof—
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(b)shall contain such amount of cubic space for each person employed and such amount of ventilation as are prescribed;
(c)shall be ventilated as prescribed.
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57Fire prevention appliances to be kept ready for use
Where in any regulation it is provided that the council or the Secretary may require that in any office place or building there shall be appliances (including fire-buckets full of water) for the prevention or extinction of fire such appliances shall be maintained in a constant state of repair and available for use at any moment.
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60Notice by inspector to council of sanitary defects in factory
(1)Where it appears to an inspector that any act neglect or default in relation to any drain watercloset earthcloset privy ashpit water supply nuisance or other matter in a factory is punishable or remediable under the law relating to public health but not under this Act such inspector shall give notice in writing of such act neglect or default to the council in whose district the factory is situate.
(2)Thereupon it shall be the duty of such council to make such inquiry into the subject of the notice and take such action thereon as to such council seems proper for the purpose of enforcing the law.
61Sleeping places in factories etc.
(1)No part of a factory in which any of the operations of the factory are generally or occasionally carried on shall be used as a sleeping place.
(2)Without affecting the generality of the last preceding subsection no part of a bakehouse, or of a factory of any other class to which the Governor in Council by proclamation published in the Government Gazette declares this subsection to apply, shall be used as a sleeping place unless there is in such part an external glazed window of at least ×8 square metres in area, of which at least ×4 square metres are made to open for ventilation.
(3)For the purposes of this section all space on each floor except such part as is separated by a permanent substantial wall or partition extending from floor to ceiling shall be deemed to constitute one part of a factory.
(4)Every person who lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to the provisions of this section shall be guilty of an offence against this Act.
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PART VII—VARIOUS TRADES
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Division 2—Bread
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104Offences as to delivery of bread
(1)A person who on a Sunday carts or delivers bread in the course of trade or business before six o'clock in the morning or after noon shall be guilty of an offence against this Division.
(2)A person who on Saturday or Sunday delivers bread at any premises in a quantity weighing less than 7×2 kilograms shall be guilty of an offence against this Division.
(3)The provisions of subsection (2) shall not apply to delivering of bread on Saturday in the areas to which Parts II III and IV of the determination of the Bread Carters Board in force on the 1st day of January, 1967, applied.
(4)A person who carts or delivers bread in the course of trade or business beyond a distance of 48×3 kilometres from the place where it was made or baked shall be guilty of an offence against this Division.
(4A)The provisions of subsection (4) shall not apply to the carting or delivery of bread in the course of trade or business within the municipal districts of the municipal councils of—
Altona
Chelsea
Bacchus Marsh
Coburg
Ballan
Collingwood
Berwick
Cranbourne
Box Hill
Croydon
Brighton
Dandenong
Broadford
Diamond Valley
Broadmeadows
Doncaster and Templestowe
Brunswick
Eltham
Bulla
Essendon
Camberwell
Fitzroy
Caulfield
Flinders
Footscray
Oakleigh
Frankston
Pakenham
Gisborne
Phillip Island
Hastings
Port Melbourne
Hawthorn
Prahran
Healesville
Preston
Heidelberg
Pyalong
Keilor
Richmond
Kew
Ringwood
Kilmore
Romsey
Knox
St. Kilda
Kyneton
Sandringham
Lillydale
Sherbrooke
Malvern
South Melbourne
Melbourne
Springvale
Melton
Sunshine
Moorabbin
Upper Yarra
Mordialloc
Waverley
Mornington
Werribee
Newham and
Whittlesea
Woodend
Williamstown
Northcote
Yea.
Nunawading
(5)Where, in the opinion of the Minister, the interests of any persons desiring to have bread delivered to them are adversely affected by the operation of subsection (4), the Minister may issue to any person desiring to deliver bread to those persons, or to have bread delivered to them on his behalf, a certificate exempting him and any person carting or delivering bread on his behalf from the operation of that subsection, subject to such terms and conditions as the Minister thinks fit.
(6)The Minister may by notice in writing cancel a certificate issued under subsection (5).
(7)Where a certificate issued under subsection (5) is in force, nothing in subsection (4) shall apply to anything done by a person to or in respect of whom the certificate is issued, which is done in accordance with the terms and conditions (if any) set out in the certificate.
(8)A person on whose behalf bread is carted or delivered in contravention of this section shall be guilty of an offence against this Division.
104AOffence as to sale of bread beyond 48·3 kilometres of place of baking
(1)A person who sells bread or on whose behalf bread is sold in the course of trade or business beyond a distance of 48×3 kilometres from the place where it was made or baked shall subject to subsection (2), be guilty of an offence against this Division unless he proves that he had taken all reasonable steps to prevent the commission of the offence and that the offence had been committed without his knowledge.
(2)Subsection (1) shall not apply to the sale of bread which has been carted or delivered beyond a distance of 48×3 kilometres from the place where it was made or baked if the cartage or delivery of the bread does not constitute an offence under subsection (4) of section 104.
104BProof
In any proceedings for an offence against this Division—
(a)it shall be sufficient to allege that bread found on premises or in a vehicle was carted or delivered or sold (whichever is applicable) beyond a distance of 48×3 kilometres from the place where it was made or baked if because of—
(i)a label or wrapping or any writing or mark on a label or wrapping on the bread or any impressing or embossing on the bread;
(ii)any document on the premises or in the vehicle purporting to be a document with respect to sale or delivery;
(iii)the ownership of the vehicle or the employment of its driver; or
(iv)a statement made by the occupier of the premises or the owner or driver of the vehicle—
the inspector who examines the bread on the premises or the vehicle has reason to believe that the bread was carted or delivered or sold (as the case may be) beyond the distance of 48·3 kilometres from the place where it was made or baked;
(b)the onus of proof—
(i)that bread alleged to be carted or delivered or sold in the course of trade or business was not carted or delivered or sold in the course of trade or business;
(ii)that bread alleged to be carted or delivered or sold beyond a distance of 48×3 kilometres from the place where it was made or baked was not carted or delivered or sold beyond the said distance of 48×3 kilometres;
(iii)that bread alleged to be carted or delivered or sold on behalf of any person was not carted or delivered or sold on behalf of that person—
shall in all cases be upon the defendant.
105Evidence
In any proceedings for an offence against section 104 evidence that at any time when the carting or delivering of bread in the course of trade or business is prohibited a person was carting or delivering bread shall be prima facie evidence that the person was carting or delivering bread in the course of trade or business.
106Proof of prior convictions on convictions for offence against Division
(1)Where a person is served with a summons for an offence against this Division and it is alleged that he has been previously convicted of an offence against this Division, there may be served with the summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior conviction.
(2)The document setting out the alleged prior conviction—
(a)shall be indorsed with a notice in the prescribed form advising the defendant that—
(i)if he does not appear in answer to the summons; and
(ii)if he is convicted of the alleged offence—
the document will be admissible evidence that he has been so convicted as alleged; and
(b)may be served in any manner in which the summons for the offence may be served.
(3)Where the court by whom any person has been convicted of an offence described in subsection (1) is satisfied that a copy of any such document was served on the defendant at least fourteen days before the hearing of the information the document shall be admissible and shall be prima facie evidence that the defendant was convicted of the offences alleged in the document and of the particulars relating to the convictions set out in the document.
(4)Any such document shall not be tendered in evidence without the consent of the defendant if the defendant is present at the hearing of the information.
(5)Without limiting the generality of Division 5 of Part 4 of the Magistrates' Court Act 1989 it is hereby declared that, where any evidence of prior convictions has been tendered pursuant to the provisions of this section, the court may set aside on such terms as to costs or otherwise as the court thinks just any conviction or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the defendant or that the defendant was not in fact convicted of the offences as alleged in the document.
106AHolding company liable for offences by subsidiaries
If a body corporate liable to be charged with an offence against this Division is a subsidiary (within the meaning of the Corporations Act) of another body corporate, the other body corporate may be charged and convicted of the offence as if it were the actual offender.
106BDefinitions
In this Division unless the contrary intention appears—
owner in respect of a motor vehicle within the meaning of the Road Safety Act 1986, means the registered operator within the meaning of that Act, and ownership has a corresponding meaning;
sell includes sell (whether by wholesale or retail or by means of any machine or mechanical device) and barter or exchange; and also of bringing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or otherwise directing causing suffering permitting or attempting any of such acts or things and sale has a corresponding interpretation.
106CPenalties
Any person convicted of an offence against this Division shall be liable to a penalty of not more than $2000.
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PART VIII—PLACES AND CONDITIONS OF EMPLOYMENT
Division 1—Places of employment
122Information to be posted
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(2)There shall be kept printed painted or affixed in legible Roman characters in some conspicuous place at or near the entrance of every factory shop or place aforesaid and in such other parts as an inspector from time to time directs and in such a position as to be easily read by the persons employed in such factory shop or place a notice containing—
(a)the name and address of the inspector for the district;
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(c)(in the case of a factory) the applicable holidays; and
(d)true copies or abstracts of such provisions of this Act and the regulations as are prescribed or as are directed by the Minister.
(3)There shall also be kept printed painted or affixed in legible Roman characters, in such place as an inspector directs or approves, near to the outside of the principal outer door of every factory shop or place aforesaid the name of the occupier thereof.
123Limewashing or washing of the interior of factories
(1)For the purpose of cleanliness in every factory all the inside walls of the rooms and all the ceilings or tops of such rooms (whether such walls ceilings or tops are plastered or not) and all the passages and staircases of a factory if they have not been painted with oil or varnished once at least within seven years shall be limewashed or washed with some other wash liquid or material approved by the Secretary once at least within every fourteen months, to date from the date when last limewashed or washed, and if they have been so painted or varnished shall be washed with hot water and soap once at least every fourteen months, to date from the date when last so washed.
(2)Where it appears to the Minister that in any class of factories or parts thereof the requirements of the foregoing provisions of this section are not necessary or are by reason of special circumstances inapplicable he may if he thinks fit on the recommendation of the Secretary to the Department of Human Services by order made under this Act grant to such class of factories or parts thereof a special exemption from the requirements of this section.
(3)The foregoing provisions of this section shall not apply to blacksmiths' agricultural implement makers' and wheelwrights' shops foundries flour mills saw mills bone mills tanneries rope-walks smelting works hay and corn chaff-cutting corn-crushing wool-washing or boiler-making establishments.
(4)Without affecting the generality of the foregoing provisions of this section, the Secretary may at any time when he considers it necessary in writing direct the occupier of any factory or shop or other place where persons are employed—
(a)to paint or varnish or limewash the premises or any portion thereof;
(b)to wash with hot water and soap the premises or any portion thereof—
in such manner and time as are specified in the direction.
(5)Any premises in which there is a contravention of this section or of any direction under this section shall be deemed not to be kept in conformity with this Act.
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125Conveniences for employees
(1)The occupier of every shop office or building in which persons are working or employed in any trade whatever shall as prescribed construct privies and urinals for the use of such persons and where they are of different sexes separate privies for the use of each sex with approaches thereto properly separated for the sexes.
(2)The occupier of every shop office or building shall provide such amount of ventilation as is prescribed.
(3)The occupier of every factory shop office or building shall provide such heating and cooling devices plant and equipment as are prescribed.
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127Owner etc. may be treated as occupier of premises for certain purposes
(1)In respect of any matter under this Act relating to the construction of or structural alterations or additions to or painting varnishing lime-washing or washing of or the condition of or provision of ventilation sanitation or conveniences in any factory shop or other building the Minister may by notice in the prescribed form notify the owner of the premises concerned or any person receiving, whether on his own account or on account of another, rent of the premises that such owner or person will in respect of such matter be deemed to be the occupier of the premises, and for the purposes of this Act such owner or other person shall be deemed to be the occupier of the premises accordingly.
(2)Nothing in the foregoing provisions of this section shall affect the operation of this Act in relation to any other person who is an occupier of the premises.
(3)Any owner or person receiving the rent of the premises who is not primarily liable for any matter referred to in subsection (1) of this section and whom the Minister has notified that he will be deemed to be in respect of such matter the occupier of the premises and who carries out such direction and has thereby incurred any expense shall be entitled to recover before the Magistrates' Court or by action of debt in any court of competent jurisdiction from the person primarily liable the amount of any such expense paid by him.
Division 2—Conditions of employment
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139Factories and warehouses with certain exceptions to be closed on Anzac Day
(1)Notwithstanding anything in this Act every factory warehouse (except a factory or warehouse of a class or kind specified in or added by proclamation of the Governor in Council to the Seventh Schedule) shall be closed and kept closed on Anzac Day, and every employé (except persons solely employed for the purpose of safeguarding the premises) in such factory warehouse shall be given a whole holiday on that day.
(2)The Governor in Council may from time to time by proclamation amend the Seventh Schedule to this Act by adding thereto any class or kind of factories warehouses; and the Seventh Schedule as so amended shall have the same force and effect as if such amendment had been enacted in this Act.
(3)Every such proclamation shall be laid before both Houses of Parliament as soon as may be after it is made.
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PART X—GENERAL AND SUPPLEMENTARY
Division 1—Inspections
186Power of inspectors
(1)Every inspector may for the purposes of the execution of this Act—
(a)with such assistance as he requires enter inspect and examine at all reasonable times by day or night any factory or other premises whatsoever which he considers it is necessary to enter in the administration of this Act;
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(c)require the production of any certificate of registration books registers certificates notices records lists and documents required by or under this Act to be kept and inspect and examine them and take copies or extracts therefrom;
(d)make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are or have been complied with so far as respects the premises and the persons employed therein;
(da)take or remove without payment samples of materials and substances used or handled in any factory or other premises which may be required for analysis;
(e)enter any school in which he has reasonable cause to believe that any employés are for the time being educated;
(f)examine either alone or in the presence of the occupier or employer or of his agent or employé with respect to matters under this Act every person whom he finds in any such premises, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in any such premises or at work in a trade or branch of trade for which an award has been made and require such person to be so examined and to sign a statutory declaration as to the truth of any statements made by him as to the matters respecting which he is so examined;
(g)exercise such other powers as are necessary for carrying this Act into effect.
(2)Every inspector shall be furnished by the Secretary with a certificate of his employment which shall be produced on demand to the occupier or person in charge of any building or place which an inspector intends to enter or enters in the course of his duty under this Act.
(2A)Where an inspector proposes to take and remove a sample from any premises for the purposes of analysis he shall so notify the occupier of the premises and after having taken the sample he shall—
(a)divide the sample taken into three parts and mark and seal or mark and fasten up each part in such manner as its nature will permit;
(b)if required by the occupier, deliver one of the parts to the occupier;
(c)retain one part for future comparison—
and if it is determined that an analysis of the sample is to be made he shall submit the third part to an analyst for analysis.
(3)When an inspector uses the assistance of an interpreter, any inquiry or requisition to any person made on behalf of such inspector by the interpreter shall for all purposes be deemed to have been actually made by the inspector, and any answer thereto made to the interpreter shall be deemed to have been actually made to the inspector.
(4)No person shall be required under this section to answer any question or give any evidence tending to criminate himself.
187Occupier to assist inspector in inspection
(1)The occupier of every factory or other premises and his agents and employés shall furnish the means required by any inspector necessary for any entry inspection examination or inquiry or for the exercise of the powers of such inspector under this Act.
(2)Every person who—
(a)wilfully delays an inspector in the exercise of any power under this Act;
(b)fails to comply with a requisition of an inspector made under any such power, or to produce any document whatsoever which he is required by or in pursuance of this Act to produce; or
(c)conceals or prevents any person from appearing before or being examined by an inspector or attempts so to conceal or prevent a person—
shall be deemed to obstruct an inspector in the execution of his duties under this Act.
(3)Every person who—
(a)obstructs hinders impedes resists or opposes; or
(b)refuses admission to any premises to—
any inspector or person assisting an inspector or other person in the performance of anything which such inspector or other person is lawfully doing under this Act and the occupier of any premises where any such obstructing hindering impeding resisting opposing or refusing occurs shall be guilty of an offence against this Act.
(4)Every person who assaults or directly or indirectly intimidates or threatens or attempts to intimidate or threaten an inspector shall be liable to a penalty of not more than $400 or imprisonment for a term of not more than six months.
188Power to visit factories and inquire as to young persons' ages
A school attendance officer appointed under the Education and Training Reform Act 2006 may enter any factory or shop during the time when any persons employed therein are at work and inspect any part thereof where any persons are engaged in working and may also examine the record of ages of persons under or stated to be under twenty years of age and interrogate personally any person or require the production of a certificate of birth or other sufficient evidence so as to enable him to determine the age of any such person so employed or working.
Division 2—Legal proceedings
* * * * *
* * * * *
191Proceedings against offenders
(1)(a) No proceedings shall be taken against any person for an offence against any provision of this Act except by—
(i)direction in writing of the Minister;
(ii)direction in writing of the Secretary if authorized in writing by the Minister either generally or in any particular case; or
(iii)direction in writing of any other officer of the Department authorized in writing either generally or in any particular case by the Minister on the recommendation of the Secretary;
* * * * *
* * * * *
(b)any such direction whether given by the Minister or by any person so authorized by him and any such authorization may be revoked by the Minister at any time.
(2)Any proceedings directed to be taken by the Minister the Secretary or any other officer of the Department may be taken by any member of the police force or by any inspector and may be conducted before the court by any other member of the police force or any other inspector and any proceedings directed to be taken by an officer of an association of employers or of employés may be taken by any officer of the association who is authorized under the rules of the association to sue on its behalf.
(3)Where proceedings have been so directed to be taken, if the court amends the charge warrant or summons such direction shall be sufficient authority for the continuance of the proceedings.
(4)All courts shall take judicial notice of the signature of every person who is or has been Minister or Secretary to every document required to be signed and of the signature to a direction to take proceedings of any person who is or has been an officer of the Department authorized under this section to sign such a direction.
192General provisions as to proceedings
(1)The following provisions shall have effect with reference to all proceedings for offences under this Act:
(a)The charge for any offence against this Act shall be filed within 12 months after the commission of the offence;
(b)It shall be sufficient to allege that a factory bake-house shop or other type of premises is a factory bake-house shop or such other type of premises for the purposes of this Act without further allegation;
(c)It shall be sufficient to state the name of the ostensible occupier of any premises or the name or title by which such occupier is usually known;
(d)The onus of proof that any person named in a summons is not an occupier of the premises shall be on the defendant;
(e)The onus of proof that the requirements of this Act with regard to the registration of shops or other premises have been complied with as to any particular shop premises or persons shall in all cases be on the defendant;
(f)The onus of proof that articles prepared or manufactured or made are not prepared or manufactured or made for trade or sale shall in all cases be on the defendant;
* * * * *
(j)The onus of proof that the premises or place named in any summons is not within the municipal district or locality mentioned in such summons shall in all cases be on the defendant;
(k)It shall not be a defence that the occupier of any premises was not in Victoria at the time the alleged offence was committed;
(l)Service of a summons by leaving it with some person apparently of the age of sixteen years or upwards at the usual place of business in Victoria of the person named in such summons shall be deemed to be good and sufficient service thereof;
* * * * *
* * * * *
(o)Where the age of any person at any time is material, his age at that time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time;
* * * * *
* * * * *
* * * * *
194Prosecution of firms etc.
(1)Any person or body of persons may be prosecuted for any offence against any of the provisions of this Act or any regulation or by-law or determination in the true ostensible or reputed name of such person or body of persons and a conviction may be had and enforced in that name against the actual person so offending.
(1A)Where a body corporate is guilty of an offence against this Act, a person who was an officer of the body corporate when the offence was committed is also guilty of that offence and liable to the penalty for that offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent and that he did not know and could not reasonably have known of the act or omission.
(1B)When in any proceedings under this Act it is necessary to establish the intention of a body corporate it is sufficient to show that an officer of the body corporate had that intention.
(1C)In this section officer in relation to a body corporate means—
(a)a director, secretary or executive officer of the body corporate;
(b)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;
(c)a person concerned in the management of the body corporate; or
(d)in relation to the commission by the body corporate of an offence relating to a shop a person concerned in the management of the shop.
(2)No sentence of imprisonment in default of distress shall be fixed at the hearing unless the actual person so offending is then present or represented by his legal practitioner or if not fixed at the hearing shall be subsequently awarded unless the actual person so offending is first called upon in his true name by summons to show cause.
195Penalty on persons committing offence for which occupier is liable
Where an offence for which the occupier of any premises is liable under this Act to a penalty has in fact been committed by some agent servant workman or other person such agent servant workman or other person shall be liable to the same penalty as if he were the occupier.
196Exemption of occupier from penalty on conviction of actual offender
(1)Where the occupier of any premises is charged with an offence against this Act he shall be entitled by filing a charge and notwithstanding anything to the contrary in the foregoing provisions of this Division to have any other person whom he charges as the actual offender summoned to appear before the court at the time appointed for hearing the charge.
(1A)Where in paragraph (a) of subsection (1) of section 192 there is a reference to a charge being filed within a specified period of time after the commission of an offence, that reference shall, in the case of a charge filed by an occupier of premises pursuant to subsection (1), be deemed to be and be construed as a reference to the charge being filed within the specified period of time after such occupier is charged with the offence.
(2)If after the commission of the offence has been proved the occupier proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Act and that such other person had committed the offence in question without his knowledge consent or connivance such other person shall be convicted of such offence and the occupier shall be exempt from any penalty.
(3)When it is made to appear to the satisfaction of an inspector at the time of discovering the offence that the occupier has used all due diligence to enforce the execution of this Act and also by what person such offence had been committed and also that it had been committed without the knowledge consent or connivance of the occupier and in contravention of his orders then the inspector shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the occupier.
* * * * *
* * * * *
* * * * *
Division 3—Offences and penalties
* * * * *
203Forgery, false entries and declarations
(1)Every person who forges or counterfeits any certificate of any kind prescribed or required for the purposes of this Act or who gives or signs any such certificate knowing the same to be false in any material particular, or who knowingly utters or makes use of any certificate so forged counterfeited or false as aforesaid, or who knowingly utters or makes use of as applying to any person a certificate which does not so apply, or who personates any person named in a certificate, or who wilfully connives at the forging counterfeiting giving signing uttering making use of or personating as aforesaid, shall be liable to a penalty of not more than $400 or to imprisonment for a term of not more than six months.
(2)Every person who wilfully makes a false entry in or material omission from any book register notice certificate list record or document required by this Act to be kept or served or sent, or who wilfully makes or signs a false declaration or return under this Act, or who knowingly makes use of any such false entry or declaration or return, shall be liable to a penalty of not more than $200 or to imprisonment for a term of not more than three months.
* * * * *
205General provision as to offences
(1)Every person who contravenes or fails to comply with any of the provisions of this Act or of any regulation order notice direction or prohibition thereunder shall be guilty of a contravention of and offence against this Act.
(2)Every person guilty of any offence against this Act for which no penalty (other than an additional continuing penalty) is expressly provided shall be liable to a penalty of not more than $300.
Division 4—Regulations
206Regulations
(1)The Governor in Council may make regulations for or with respect to—
* * * * *
* * * * *
* * * * *
(e)prescribing means to be adopted to ensure the safety of persons engaged in working on or in connexion with roofs of asbestos sheathing;
(f)regulating the hours of trading for wholesale fruit and vegetable sellers in the whole or any part of the State;
(fa)requiring the affixing to each loaf of bread by a label or wrapping or in any other way whatever or the impressing or embossing on each loaf of bread by means of the tin or other utensil in which the loaf is baked, of such particulars as will identify the manufacturer of the loaf and the place where the loaf is baked, and regulating the manner of that affixing impressing or embossing;
(g)particulars to be given in records and books to be made or kept by occupiers or others under this Act;
(h)prescribing what provisions of this Act and the regulations are to be posted in factories;
(i)notices to be posted in premises where persons work or are employed in any trade;
* * * * *
(k)examinations of persons and the issue of certificates for the purposes of this Act;
* * * * *
(m)forms for the purposes of this Act (and such forms or forms to the like effect shall be sufficient in law);
(n)fees chargeable or payable for examinations reports certificates suspensions and other matters under or for the purposes of this Act but not fixed by this Act;
(o)prescribing penalties not exceeding $200 for any breach of the regulations;
* * * * *
(p)generally, any matter or thing which by this Act is required or permitted to be prescribed or which is necessary or expedient to be prescribed for the purposes of this Act.
* * * * *
(2)Any regulation made under this section may incorporate or make prescriptions by reference to any standards formulated or published by any authority or body as in force at the time the regulation is made or as amended or formulated or published from time to time.
(3)Where in the opinion of the Minister compliance with a regulation made under this section is unnecessary or is not reasonably practicable he may in writing exempt any person from compliance with the regulation subject to such conditions (if any) as he thinks fit in any particular case.
* * * * *
__________________
SCHEDULES
* * * * *
—————————
SEVENTH SCHEDULE
1. Every factory or warehouse of any of the following classes or in which any of the following trades is usually carried on:
(a) Printing, publishing or distributing newspapers;
(b) The manufacture, distribution or supply of gas or electric light or power;
(c) Any necessarily continuous process of manufacture;
(d) Milk supply.
2. Any factory in which the trade of a pastry cook is carried on.
3. Every bread factory while dough only is being prepared in the factory.
4. Every bread factory after 8 p.m. when ANZAC Day falls on Friday.
5. Every factory or warehouse of any class or kind added by proclamation of the Governor in Council to this Schedule.
—————————
* * * * *
═══════════════
ENDNOTES
1. General Information
The Labour and Industry Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
2. Table of Amendments
This Version incorporates amendments made to the Labour and Industry Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1959, No. 6505/1959
Assent Date: 5.5.59 Commencement Date: 1.4.59: subject to s. 1(2) CurrentState: All of Act in operation
Labour and Industry (Retail Trading Hours) Act 1959, No. 6514/1959
Assent Date: 12.5.59 Commencement Date: 12.5.59 CurrentState: All of Act in operation
Labour and Industry (Motor Car Shops) Act 1959, No. 6595/1959
Assent Date: 8.12.59 Commencement Date: 8.12.59 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1959, No. 6600/1959 (as amended by No. 6716)
Assent Date: 15.12.59 Commencement Date: 15.12.59 CurrentState: All of Act in operation
Anzac Day Act 1960, No. 6607/1960
Assent Date: 7.4.60 Commencement Date: 7.4.60 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1960, No. 6631/1960
Assent Date: 7.6.60 Commencement Date: Ss 1, 4, 5 on 7.6.60; ss 2, 3 on 1.9.60: Government Gazette 31.8.60 p. 2908 CurrentState: All of Act in operation
Statute Law Revision Act 1960, No. 6716/1960
Assent Date: 21.12.60 Commencement Date: 1.4.59: subject to s. 3 CurrentState: All of Act in operation
Labour and Industry (Butchers' Shops) Act 1960, No. 6725/1960
Assent Date: 21.12.60 Commencement Date: 21.12.60 CurrentState: All of Act in operation
Statute Law Revision Act 1961, No. 6759/1961
Assent Date: 26.4.61 Commencement Date: 26.4.61 CurrentState: All of Act in operation
Labour and Industry (Women's Hairdressing) Act 1961, No. 6823/1961
Assent Date: 12.12.61 Commencement Date: 12.12.61 CurrentState: All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 CurrentState: All of Act in operation
Statute Law (Further Revision) Act 1962, No. 6961/1962
Assent Date: 18.12.62 Commencement Date: 18.12.62: subject to s. 3 CurrentState: All of Act in operation
Labour and Industry (Employment of Children) Act 1963, No. 7077/1963
Assent Date: 10.12.63 Commencement Date: 10.12.63 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1963, No. 7080/1963
Assent Date: 10.12.63 Commencement Date: 10.12.63 CurrentState: All of Act in operation
Labour and Industry (Chemists' Shops) Act 1964, No. 7143/1964
Assent Date: 5.5.64 Commencement Date: 1.6.64: Government Gazette 27.5.64 p. 1769 CurrentState: All of Act in operation
Labour and Industry (Fees) Act 1964, No. 7197/1964
Assent Date: 15.12.64 Commencement Date: 1.1.65: Government Gazette 16.12.64 p. 3723 CurrentState: All of Act in operation
Labour and Industry (Long Service Leave) Act 1964, No. 7202/1964
Assent Date: 15.12.64 Commencement Date: 1.1.65: Government Gazette 16.12.64 p. 3724 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1965, No. 7273/1965
Assent Date: 1.6.65 Commencement Date: 9.6.65: Government Gazette 9.6.65 p. 1867 CurrentState: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 CurrentState: All of Act in operation
Labour and Industry Act 1965, No. 7368/1965
Assent Date: 21.12.65 Commencement Date: S. 5 on 1.1.65: s. 6; rest of Act (except ss 9, 11) on 1.1.66: Government Gazette 22.12.65 p. 3920; ss 9, 11 on 1.11.67: Government Gazette 1.11.67 p. 3324 CurrentState: All of Act in operation
Labour and Industry (Sheltered Workshops) Act 1966, No. 7384/1966
Assent Date: 3.5.66 Commencement Date: 3.5.66 CurrentState: All of Act in operation
Labour and Industry (Petrol Shops) Act 1966, No. 7410/1966
Assent Date: 17.5.66 Commencement Date: 1.8.66: Government Gazette 6.7.66 p. 2325 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1966, No. 7502/1966
Assent Date: 20.12.66 Commencement Date: 23.2.67: Government Gazette 22.2.67 p. 447 CurrentState: All of Act in operation
Labour and Industry (Fees) Act 1967, No. 7572/1967
Assent Date: 8.11.67 Commencement Date: 1.1.68: s. 1(2) CurrentState: All of Act in operation
Labour and Industry (Bread) Act 1967, No. 7594/1967
Assent Date: 5.12.67 Commencement Date: 13.12.67: Government Gazette 13.12.67 p. 3731 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1968, No. 7671/1968
Assent Date: 9.4.68 Commencement Date: 1.5.68: Government Gazette 24.4.68 p. 1259 CurrentState: All of Act in operation
Labour and Industry (Shop Trading Hours) Act 1968, No. 7692/1968
Assent Date: 7.5.68 Commencement Date: 15.5.68: Government Gazette 15.5.68 p. 1807 CurrentState: All of Act in operation
Labour and Industry (Miscellaneous Provisions) Act 1968, No. 7755/1968
Assent Date: 18.12.68 Commencement Date: 18.12.68 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1969, No. 7848/1969
Assent Date: 20.5.69 Commencement Date: 1.6.69: Government Gazette 28.5.69 p. 1580 CurrentState: All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5, 6, 7(k)(m)–(o) on 1.4.70; ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 CurrentState: All of Act in operation
Labour and Industry (Long Service Leave) Act 1969, No. 7913/1969
Assent Date: 16.12.69 Commencement Date: 16.12.69 CurrentState: All of Act in operation
Labour and Industry (Further Amendment) Act 1969, No. 7923/1969
Assent Date: 16.12.69 Commencement Date: 1.1.70: Government Gazette 19.12.69 p. 4135 CurrentState: All of Act in operation
Labour and Industry (Shop Closing) Act 1970, No. 7992/1970
Assent Date: 29.10.70 Commencement Date: 29.10.70 CurrentState: All of Act in operation
Boilers and Pressure Vessels Act 1970, No. 8004/1970
Assent Date: 17.11.70 Commencement Date: 1.1.71: Government Gazette 16.12.70 p. 3871 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1970, No. 8018/1970
Assent Date: 26.11.70 Commencement Date: S. 12 on 1.7.72: s. 12(3); rest of Act on 27.11.70: Government Gazette 27.11.70 p. 3741 CurrentState: All of Act in operation
Footwear Regulation Act 1970, No. 8073/1970
Assent Date: 22.12.70 Commencement Date: 8.1.71: Government Gazette 8.1.71 p. 73—see Acts Interpretation Act 1958 CurrentState: All of Act in operation
Statutory Salaries Act 1971, No. 8165/1971
Assent Date: 3.11.71 Commencement Date: 3.11.71 CurrentState: All of Act in operation
Labour and Industry (Shop Trading Hours) Act 1971, No. 8175/1971
Assent Date: 23.11.71 Commencement Date: 23.11.71 CurrentState: All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1971, No. 8211/1971
Assent Date: 4.12.71 Commencement Date: 1.1.72: Government Gazette 22.12.71 p. 3905 CurrentState: All of Act in operation
Consumer Protection Act 1972, No. 8276/1972
Assent Date: 13.5.72 Commencement Date: S. 70(1)(2) on 1.7.72: subject to s. 2(2) of the Consumer Protection (Amendment) Act 1972, No. 8382/1972 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry (Amendment) Act 1972, No. 8384/1972
Assent Date: 19.12.72 Commencement Date: All of Act (except s. 12) on 1.2.73: Government Gazette 24.1.73 p. 163; s. 12 on 1.8.74: Government Gazette 24.7.74 p. 2682 CurrentState: All of Act in operation
Magistrates' Courts (Jurisdiction) Act 1973, No. 8427/1973
Assent Date: 17.4.73 Commencement Date: S. 12 on 1.9.75: Government Gazette 30.7.75 p. 2705 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Ministry of Consumer Affairs Act 1973, No. 8442/1973
Assent Date: 26.6.73 Commencement Date: 3.6.74: Government Gazette 1.5.74 p. 1055 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1973, No. 8459/1973
Assent Date: 7.11.73 Commencement Date: S. 4 on 1.1.74: s. 4(2); rest of Act on 7.11.73: s. 1(3) CurrentState: All of Act in operation
Labour and Industry (Art and Handicraft Galleries) Act 1974, No. 8536/1974
Assent Date: 23.4.74 Commencement Date: 23.4.74 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1974, No. 8618/1974
Assent Date: 10.12.74 Commencement Date: 10.12.74 CurrentState: All of Act in operation
Health (Contraceptives) Act 1974, No. 8642/1974
Assent Date: 17.12.74 Commencement Date: S. 8 on 1.9.75: Government Gazette 25.6.75 p. 2179 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry (Industrial Appeal Court) Act 1975, No. 8673/1975
Assent Date: 15.4.75 Commencement Date: 15.4.75 CurrentState: All of Act in operation
Building Industry Long Service Leave Act 1975, No. 8693/1975
Assent Date: 6.5.75 Commencement Date: S. 53 on 22.12.76: Government Gazette 22.12.76 p. 3740 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Magistrates (Summary Proceedings) Act 1975, No. 8731/1975
Assent Date: 16.5.75 Commencement Date: S. 173 on 1.7.76: Government Gazette 24.3.76 p. 848 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry (Wages Board Determinations) Act 1975, No. 8814/1975
Assent Date: 9.12.75 Commencement Date: 9.12.75 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1976, No. 8898/1976
Assent Date: 30.11.76 Commencement Date: 30.11.76 CurrentState: All of Act in operation
Health Commission Act 1977, No. 9023/1977
Assent Date: 24.5.77 Commencement Date: S. 40(Sch. 1 Pt A item 11) on 6.12.78: Government Gazette 6.12.78 p. 3759 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry Act 1977, No. 9046/1977
Assent Date: 22.11.77 Commencement Date: 1.12.77: Government Gazette 30.11.77 p. 3646 CurrentState: All of Act in operation
Labour and Industry (Industrial Appeals Court) Act 1977, No. 9051/1977
Assent Date: 22.11.77 Commencement Date: 22.11.77 CurrentState: All of Act in operation
State Development Decentralization and Tourism Act 1978, No. 9126/1978
Assent Date: 23.5.78 Commencement Date: 23.5.78: Government Gazette 23.5.78 p. 1362 CurrentState: All of Act in operation
Hospitals Remuneration Tribunal Act 1978, No. 9163/1978
Assent Date: 30.5.78 Commencement Date: 1.10.78: Government Gazette 20.9.78 p. 3019 CurrentState: All of Act in operation
Labour and Industry Act 1978, No. 9171/1978
Assent Date: 24.10.78 Commencement Date: Ss 1, 2, 4–8 on 16.11.78; ss 3, 9 on 1.1.79: Government Gazette 15.11.78 p. 3553 CurrentState: All of Act in operation
Business Franchise (Petroleum Products) Act 1979, No. 9272/1979
Assent Date: 10.7.79 Commencement Date: 1.9.79: s. 1(3) CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1979, No. 9348/1979
Assent Date: 20.12.79 Commencement Date: S. 9 on 1.1.80: s. 1(4); rest of Act on 20.12.79: s. 1(3) CurrentState: All of Act in operation
Industrial Relations Act 1979, No. 9365/1979
Assent Date: 20.12.79 Commencement Date: 1.11.81: Government Gazette 21.10.81 p. 3431 CurrentState: All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1980, No. 9470/1980
Assent Date: 16.12.80 Commencement Date: S. 1 on 16.12.80: s. 1(3)(a); s. 3 on 1.1.81: s. 1(3)(c); s. 2 on 1.7.81: Government Gazette 20.5.81 p. 1567 CurrentState: All of Act in operation
Labour and Industry (Lifting of Weights) Act 1980, No. 9484/1980
Assent Date: 23.12.80 Commencement Date: 23.12.80 CurrentState: All of Act in operation
Labour and Industry (Amendment) Act 1981, No. 9561/1981
Assent Date: 19.5.81 Commencement Date: 3.6.81: Government Gazette 3.6.81 p. 1777 CurrentState: All of Act in operation
Labour and Industry (Further Amendment) Act 1981, No. 9583/1981 (as amended by No. 9902)
Assent Date: 27.10.81 Commencement Date: S. 1 on 27.10.81: s. 1(4); s. 8 on 1.1.82: s. 1(5); rest of Act on 1.11.81: Government Gazette 28.10.81 p. 3505 CurrentState: All of Act in operation
Companies (Consequential Amendments) Act 1981, No. 9699/1981
Assent Date: 5.1.82 Commencement Date: S. 23 on 1.7.82: s. 2(1) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Industrial Safety, Health and Welfare Act 1981, No. 9717/1981
Assent Date: 5.1.82 Commencement Date: S. 2(1) on 1.7.82: Government Gazette 30.6.82 p. 2105 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Building Control (Plumbers Gasfitters and Drainers) Act 1981, No. 9720/1981
Assent Date: 12.1.82 Commencement Date: S. 3(2) on 2.8.82: Government Gazette 28.4.82 p. 1174; Sch. items 49–52 were never proclaimed and were repealed by No. 126/1993 s. 264(Sch. 5 item 3.8) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry (Shops) Act 1982, No. 9818/1982
Assent Date: 21.12.82 Commencement Date: All of Act (except s. 4) on 21.12.82: s. 1(3); s. 4 on 1.1.83: s. 1(4) CurrentState: All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) CurrentState: All of Act in operation
Labour and Industry (Shop Trading) Act 1983, No. 9951/1983
Assent Date: 21.10.83 Commencement Date: 21.10.83: Government Gazette 21.10.83 p. 3459 CurrentState: All of Act in operation
Labour and Industry (Fees) Act 1983, No. 9980/1983
Assent Date: 29.11.83 Commencement Date: 1.1.84: s. 2 CurrentState: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) CurrentState: All of Act in operation
Labour and Industry (Anzac Day) Act 1985, No. 10172/1985
Assent Date: 24.4.85 Commencement Date: 24.4.85 CurrentState: All of Act in operation
Occupational Health and Safety Act 1985, No. 10190/1985
Assent Date: 30.7.85 Commencement Date: S. 3(1) on 1.10.85: Government Gazette 1.10.85 p. 3803; Sch. 2 items 25–33, 35, 37 on 1.1.88: Government Gazette 30.12.87 p. 3540; Sch. 2 items 23, 24, 34 on 23.2.88: Special Gazette (No. 11) 23.2.88 p. 1 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Labour and Industry (Registration Fees) Act 1985, No. 10209/1985
Assent Date: 26.11.85 Commencement Date: 1.1.86: s. 2 CurrentState: All of Act in operation
Health (Amendment) Act 1985, No. 10262/1985
Assent Date: 10.12.85 Commencement Date: S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Liquor Control (Further Amendment) Act 1986, No. 49/1986
Assent Date: 27.5.86 Commencement Date: All of Act (except s. 21) on 25.6.86; s. 21 on 31.12.86: Government Gazette 25.6.86 p. 2179 CurrentState: All of Act in operation
Labour and Industry (Registration Fees) Act 1986, No. 76/1986
Assent Date: 18.11.86 Commencement Date: 1.1.87: s. 2 CurrentState: All of Act in operation
Road Safety Act 1986, No. 127/1986
Assent Date: 23.12.86 Commencement Date: S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445;
Sch. 4 items 14.1–14.4 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Shop Trading Act 1987, No. 10/1987
Assent Date: 28.4.87 Commencement Date: Ss 30, 32 on 17.2.88: Government Gazette 17.2.88 p. 298; rest of Act on 23.3.90 being the date that the proclamation of the Act was republished in the Special Gazette (No. 12) 23.3.90 p. 1; see Flinn v McEwan (Supreme Court of Victoria, November 1990) CurrentState: All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date: 9.5.89 Commencement Date: S. 3(1)(Sch. 1 items 64.1–64.8) on 23.1.91: Government Gazette 23.1.91 p. 122 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)
Assent Date: 14.6.89 Commencement Date: S. 3(Sch. items 108.1–108.7) on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Vocational Education and Training Act 1990, No. 45/1990
Assent Date: 19.6.90 Commencement Date: S. 114(a)(b) on 1.7.91: Government Gazette 19.12.90 p. 3745 and Special Gazette (No. 9) 31.1.91 p. 3 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992
Assent Date: 23.6.92 Commencement Date: 1.8.92: Government Gazette 22.7.92 p. 1874 CurrentState: All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 item 11(a)(b)) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Public Holidays Act 1993, No. 119/1993
Assent Date: 7.12.93 Commencement Date: 7.12.93 CurrentState: All of Act in operation
Employee Relations (Amendment) Act 1994, No. 82/1994
Assent Date: 29.11.94 Commencement Date: S. 13(Sch. 2 items 4.1, 4.2) on 11.5.95: Government Gazette 11.5.95 p. 1093; See Interpretation of Legislation Act 1984 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 43) on 1.1.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Road Safety (Amendment) Act 1998, No. 57/1998
Assent Date: 13.10.98 Commencement Date: S. 28(2) on 1.5.99: Government Gazette 18.3.99 p. 665 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 65) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 70) on 15.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
ANZAC Day (Amendment) Act 2003, No. 96/2003
Assent Date: 2.12.03 Commencement Date: S. 13 on 3.12.03: s. 2 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 110) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Statute Law Revision Act 2005, No. 10/2005
Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 11) on 28.4.05: s. 2 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 25) on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 16) on 7.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Labour and Industry Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (Labour and Industry Act) Regulations 1974, S.R. No. 203/1974
Date of Making: 21.5.74 Date of Commencement: 21.5.74
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government Gazette15 April 1959 page 1123
Government Gazette22 April 1960 page 1274
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3. Explanatory Details
[1] Pt 3 (Headings and ss 20–48):
Pt 3 (Heading and ss 20–48) amended by Nos 6505 s 2, 6631 ss 2(1), 3(1), 6961 s. 2, 7080 ss 5(1), 6, 7(1)(2), 7273 s. 3, 7384 s. 2, 7502 ss 4, 5(1), 7671 ss 3, 8(1), 7755 ss 3–6, 7848 s. 3, 7923 s. 2, 8018 ss 4–7, 8165 s. 6, 8181 s. 2(1)(Sch. items 86–88), 8211 s. 3, 8384 ss 3–6, 8427 s. 12, 8459 ss 2, 3, S.R. No. 203/1974 reg. 2(c), 8673 s. 2, 8814 s. 3–7, 8(a), 8898 s. 2, 9046 ss 2–4, 12(b), 9051 ss 2, 3, 9171 ss 3(1), 5, repealed by No. 9365 s. 2(1).
[2] Ss 51–55:
S. 51 amended by Nos 6600 s. 3(a)–(c)(i)–(iii), 7332 s. 2(Sch. 1 item 30), 7502 s. 6(2), repealed by No. 10190 s. 3(1)(Sch. 2 item 30).
S. 51: The amendments proposed by section 4(1)(Sch. 2 items 64.4–64.7) of the Local Government (Consequential Provisions) Act 1989, No. 12/1989 were ineffective.
S. 52 amended by Nos 7080 s. 9, 9046 s. 5(5), 9272 s. 13, 10190 s. 3(1)(Sch. 2 items 31, 32), 10/1987 s. 29(1)(l)(i)–(iii), repealed by No. 10/1987 s. 30(b).
S. 53 amended by Nos 9046 s. 5(6)(a)(b), 9365 s. 103(b), 9583 s. 3, 9902 s. 2(1)(Sch. item 127), 10190 s. 3(1)(Sch. 2 item 33), 10/1987 s. 29(1)(m)(i)–(iii), repealed by No. 10/1987 s. 30(c).
S. 54 repealed by No. 7080 s. 10.
S. 55 repealed by No. 10/1987 s. 29(1)(n).
[3] Ss 62–77:
S. 62 amended by No. 7273 s. 6(a), repealed by No. 9717 s. 2(1).
S. 63 substituted by No. 7755 s. 8, amended by No. 9046 s. 12(c), repealed by No. 9717 s. 2(1).
S. 64 amended by No. 7080 s. 13, repealed by No. 9717 s. 2(1).
S. 65 repealed by No. 9717 s. 2(1).
Pt 5 Div. 2 (Heading and ss 66–69) amended by No. 9046 s. 12(d), repealed by No. 9171 s. 3(2)(b).
Pt 5 Div. 3 (Heading and ss 70–73) amended by Nos 8384 s. 7, 9046 s. 12(e), 9427 s. 6(1)(Sch. 5 item 73), repealed by No. 9365 s. 2(1).
Pt 5 Div. 4 (Heading and ss 74–77) amended by Nos 7080 s. 14, 7273 s. 6(b), repealed by No. 8618 s. 2(a).
[4] Pt 6 (Heading and ss 78–98):
Nos 5771 ss 78–98, 5896 s. 2, 5937 s. 3, 6096 s. 2.
Pt 6 (Heading and ss 78–98) amended by Nos 6514 ss 2, 3(a)–(c), 6595 s. 2, 6607 s. 8(a), 6725 s. 2, 6823 s. 2, 7080 s. 11(a)(b), 7143 s. 2, 7273 s. 4, 7410 s. 2(a)(b), 7671 s. 4(1), 7692 s. 2, 7923 ss 3–6, 7992 s. 2, 8018
ss 8–10, 8175 s. 2(a)(i)–(iii)(b)(c), 8384 ss 8(a)(b), 9, 10(a)–(f), S.R. No. 203/1974 reg. 2(e)(f), Nos 8618 ss 3, 4(b)(c), 8642 s. 8(a)(i)(ii)(b), 8814 s. 8(a)(c)(d), 9046 ss 6, 7(1)(2), 11(b)(i)–(iii), 9126 s. 3(1), 9171 ss 6, 8(b), 9348 ss 4(a)–(c), 5(a)(b), 6, 7, 9561 ss 2–4, 9583 ss 4(a)(c)(i)–(iv) (as amended by No. 9902 s. 2(1)(Sch. item 130)), 5(a)(b), 9818 s. 3, 9951 ss 4(1)(a)–(e) (2)(a)(b), 5, 6(a)(b), 7(1)(2), 8(1)(a)–(e) (2)(a)–(f), 10087 s. 3(1)(Sch. 1 item 119), 10172 s. 4, 49/1986 s. 7(3)(a)–(f), 127/1986 s. 102(Sch. 4 items 14.1–14.3), repealed by No. 10/1987 s. 29(1)(o).
[5] Pt 7 Divs 3–7 (Headings and ss 107–121):
Pt 7 Div. 3 (Heading) repealed by No. 9902 s. 2(1)(Sch. item 129).
Ss 107, 108 repealed by No. 9171 s. 7.
Pt 7 Div. 4 (Heading) repealed by No. 9902 s. 2(1)(Sch. item 129).
S. 109 repealed by No. 9171 s. 7.
Pt 7 Div. 5 (Heading) repealed by No. 9902 s. 2(1)(Sch. item 129).
S. 110 repealed by No. 9171 s. 7.
Pt 7 Div. 6 (Heading) repealed by No. 9902 s. 2(1)(Sch. item 129).
S. 111 repealed by No. 9171 s. 7.
Pt 7 Div. 7 (Heading) repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
S. 112 repealed by No. 7080 s. 14(2).
Ss 113, 114 repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
S. 115 amended by No. 7080 s. 14(3), repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
S. 116 substituted by No. 7080 s. 14(4), repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
S. 117 amended by No. 7080 s. 14(5), repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
S. 118 repealed by No. 7080 s. 14(6).
S. 119–121 repealed by No. 8276 s. 70(1)(Sch. 3) (as amended by No. 8382 s. 11).
[6] Ss 128–138:
Ss 128, 129 repealed by No. 9365 s. 2(1).
S. 130 amended by Nos 7077 s. 2(a)(b), 7502 s. 7, repealed by No. 9717 s. 2(1).
S. 131 repealed by No. 7080 s. 15.
S. 132 amended by No. 6716 s. 2, S.R. No. 203/1974 reg. 2(m)–(q), Nos 9484 s. 2(a)(b), 9583 s. 6, repealed by No. 9717 s. 2(1).
Ss 133, 134 repealed by No. 9365 s. 2(1).
S. 135 amended by No. 9583 s. 7, repealed by No. 82/1994 s. 13(Sch. 2 item 4.2).
S. 136 repealed by No. 9171 s. 6.
S. 137 repealed by No. 7755 s. 11.
S. 138 amended by No. 8211 s. 8, repealed by No. 9717 s. 2(1).
[7] Ss 140, 141:
S. 140 repealed by No. 9171 s. 7.
S. 141 repealed by No. 7368 s. 3.
[8] Ss 142–173:
Pt 8 Div. 3 (Heading and ss 142–149) amended by Nos 7273 s. 6(a), 7368 s. 4, 7502 ss 2(a), 8(1)(2)(a)–(d), 7671 s. 7(2)(a), 8181 s. 2(1)(Sch. item 86), repealed by No. 9365 s. 2(1).
Pt 8 Div. 4 (Heading and ss 150–164) amended by Nos 6505 s. 2, 7202 ss 2(1)(a)–(c)(2)(3), 3, 7368 ss 4, 5(a)(b), 7671 ss 6(2), 7(2)(a), 7913 s. 2, 7923 s. 7, 8018 s. 11, 8181 s. 2(1)(Sch. item 86), 9171 s. 9(a)–(c)(i)(ii)
(e)–(g), 9561 s. 5, repealed by No. 9365 s. 2(1).
Pt 8 Div. 5 (Heading and ss 165–173) amended by Nos 6505 s. 2, 6600 s. 5(2), 7671 s. 5, 8181 s. 2(1)(Sch. item 86), repealed by No. 8211 s. 7(a).
[9] Pt 9 (Headings and ss 174–185):
Pt 9 (Heading) repealed by No. 47/1992 s. 25(3)(b).
S. 174 amended by No. 7671 s. 7(2)(b), repealed by No. 9717 s. 2(1).
Ss 174A, 174B inserted by No. 8384 s. 12, repealed by No. 9717 s. 2(1).
S. 175 amended by Nos 7671 s. 7(2)(c), 8018 s. 12(1), 8384 s. 13, 9470 s. 2, repealed by No. 9717 s. 2(1).
S. 176 repealed by No. 10190 s. 3(1)(Sch. 2 item 34).
S. 176A inserted by No. 7368 s. 7, repealed by No. 9717 s. 2(1).
S. 177 amended by Nos 7755 s. 12, 9046 s. 12(g), repealed by No. 9717 s. 2(1).
S. 178 amended by Nos 7368 s. 8, 7923 s. 8, 9046 s. 12(h), repealed by No. 9717 s. 2(1).
S. 179 amended by No. 7080 s. 12, repealed by No. 9717 s. 2(1).
S. 180 amended by Nos 6631 s. 5(a), 7755 s. 13, 8898 s. 4, repealed by No. 9717 s. 2(1).
S. 181 amended by Nos 6505 s. 2, 9046 s. 11(d), repealed by No. 9717 s. 2(1).
Pt 9 Div. 2 (Heading and ss 182–184) repealed by No. 8004 s. 2(1)(b).
S. 182 amended by Nos 7273 s. 5, 7671 s. 7(2)(d), repealed by No. 8004 s. 2(1)(b).
S. 183 repealed by No. 8004 s. 2(1)(b).
S. 184 substituted by No. 7368 s. 9, repealed by No. 8004 s. 2(1)(b).
S. 184A inserted by No. 7080 s. 16, substituted by No. 7368 s. 9, repealed by No. 8004 s. 2(1)(b).
Ss 184B, 184C inserted by No. 7368 s. 9, repealed by No. 8004 s. 2.
Pt 9 Div. 3 (Heading) repealed by No. 47/1992 s. 25(3)(b).
S. 185 amended by Nos 7923 s. 9(3), 8181 s. 2(1)(Sch. items 84, 86), repealed by No. 9717 s. 2(1).
[10] Ss 200–202:
S. 200 amended by Nos 6631 s. 5(c)(i)(ii), 7080 s. 20(1), 7502 s. 9(a)(b), 7755 s. 17, 8211 s. 10(a)(b), 9046 s. 11(e)(i)(ii), repealed by No. 9365 s. 2(1).
S. 201 amended by Nos 9046 s. 11(f), 9365 s. 103(d), repealed by No. 9717 s. 2(1).
S. 202 repealed by No. 9365 s. 2(1).
[11] Schs 1–6:
Sch. 1 repealed by No. 47/1992 s. 25(3)(c).
Sch. 2 amended by Nos 7080 s. 22(b)(i)(ii), 7273 s. 7, 7368 s. 12, substituted by No. 7502 s. 10, amended by Nos 7671 s. 11, 7923
s. 12(a)–(c), 8018 s. 17, 8073 s. 2(2), 8181 s. 2(1)(Sch. item 85), 8211 s. 12, 8276 s. 70(1)(2), 8384 s. 14, 8442 s. 11(1), 8693 s. 53, 9163 s. 22, repealed by No. 9348 s. 8.
Sch. 3 repealed by No. 7080 s. 22(a).
Sch. 4 substituted by Nos 7197 s. 2, 7572 s. 2, 8459 s. 4(1), amended by No. 9046 ss 5(7)(a)(b), 13(a)–(f), substituted by Nos 9348 s. 9, 9470 s. 3, 9583 s. 8, 9818 s. 4, 9980 s. 4, amended by Nos 10190 s. 3(1)(Sch. 2 item 37), 10209 s. 3(a)–(i), 76/1986 s. 4(a)–(i), 10/1987 s. 29(2)(a)–(c), repealed by No. 10/1987 s. 30(d).
Sch. 5 amended by Nos 7273 s. 8, 7755 s. 18, 8384 s. 15, 8536 s. 2, 8618 s. 4(a), 9046 ss 10, 14, 9171 s. 8(c), 9348 s. 10, 9561 s. 7, 9951 s. 11(a)(b), repealed by No. 10/1987 s. 29(3).
Sch. 6 substituted by Nos 7273 s. 9, 7671 s. 12, 8175 s. 3, repealed by No. 10/1987 s. 29(3).
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0
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