Labour and Industry Act of 1946 (11 Geo Vi No. 20) (Qld)

LABOUR. 11 GHO. VI. No. 20, 1946. Labour and Industry Act. 121 An Aot to Consolidate "The Bureau of Industry 11 GEO. VI. , " • • No. 20. Aots, 1932 to 1943,' . The Industrles Asslst- LAB=AND anoe Aots, 1929 to 1933," "The Employment Il~~ S~~ Y Exohanges Aots, 1915 to 1941," " The 1946. Co-ordination of Employment Faoilities Aot of 1941," and "The Juvenile Employment Bureau Constitution Aot of 1941 "; to Alter the Name and Designation of the Department ofLabourand Employment to the Department of Labour and Industry; to oreatea Secondary Industries Division thereof; and generally to Provide for Government Assistanoe in the Development and Decentralisation of Industry and Employment throughout the State. [ASSENTED TO 24TH DECEMBER, 1946.] B E it enacted by the King's l\lost Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PUT I.- PRl!ILDllNARY. 1. (1.) This Act may be cited as " The Labour and Short title. Industry Act of 1946." *(2.) This Act shall come into operation on a date Commence. to be fixed by Proclamation by the Governor in Council ment of Act. published in the Gazette, which date is herein referred to as the commencement of this Act. 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART lI.-DEPARTMENT OF LABOUR AND INDUSTRY; PART lII.-CONSTITUTION AND POWERS OF THE BUREAU OF INDUSTRY; PART IV.-SECONDARY INDUSTRIES DIVISION AND ASSISTANCE TO INDUSTRIES; • Commenced 1st March, 1947. (Se.e Proclamation published Gazette 22nd February, 1947, p. 659.)

122 PART 1.- PRELIMINARY. LABOUR. LalJO'urr and Industry Act. 1rf GEO. VI. No. 20, PART V.-A: CONSTITUTION OF EMPLOYMENT DISTRICTS, STATE EMPLOYMENT EXCHANGES, AND DISTRIC'l' EMPLOYMENT BOARDS; B: LICENSING OF PRIVATE EMPLOY- MENT EXCHANGES; PART VI.-JUVENILE EMPLOYMENT BUREAU; PART VII.-GENERAL. Repeal. 3. The following Acts are repealed to the extent indicated, namely:- *" The Bureau of Industry Acts, 1932 to 1943," with the exception of section 6, subsections 1, 2, 3, 5, 6, 7, and 8 of section 6A, and sections 6B, 6c, and 6D thereof, t" The Bureau of Industry Act of 1935," and t" The Somerset Dam Financial ( War Adjustment) Act of 1943" ; §" The Industries Assistance Acts, 1929 to 1933 "- the whole; 11" The Employment Exchanges Acts, 1915 to 1941 " -the whole; ~ " The Co-ordination of Employment Facilities Act of 1941 "-the whole; ~"The Juvenile Employment Bureau Constitution Act of 1941 "-the whole: Provided as follows but without prejudice to any of the provisions of **" The Acts Shortening Acts " - Dissolution (1) The Corporation of the Bureau of Industry o In f d B u u s r t e ry a . u of constitute . d u . nder *" The Bu . reau O 'J f Ind . us , try Acts .' 1932 to 1943," IS dissolved; the saId CorporatIOn IS heremafter referred to as "the dissolved Corporation"; the office of The Director of the Bureau of Industry under the said Acts is hereby abolished and the appointment of the members of the Bureau of Industry by or under the said Acts is hereby terminated. * 23 G. 5 No. 25 and amending Acts. t 26 G. 5 No. 32. + 7 G. 6 No. 35. § 20 G. 5 No. 16 and amending Acts. IJ 6 G. 5 No. 6 and amending Act. '\16 G. 6 No. S. ··31 V. No. 6 and amending Acts.

1946. LABOUR. Labour and Industry Act. 123 PART 1.- PBBLIJQIIIABY. (2) All the property, whether real or personal, and Tr8ll8fer of all other assets of whatever description, and all rights, assets, &c. liabilities, obligations, contracts, and engagements of the dissolved Corporation existing at the commencement of this Act shall without any transfer, assignment, or conveyance, or notice other than this Act, be divested from the dissolved Corporation and shall- (a) In so far as the same relate to works con- structed or partly constructed under or in pursuance of sections 6, 6A, 6B, 60, or 6n of *" The Bureau of Industry Acts, 1932 to 1943,"be vested in and shall attach to and may be enforced by or against the Corporation of The Co-ordinator-General of Public Works constituted by t" The State Development and Public Works Organisation Acts, 1938 to 1940"; and (b) In so far as the same relate to matters and things other than works mentioned in the preceding paragraph (a) or other than matters or things mentioned in the succeeding para- graph (c), be vested in and shall attach to and may be enforced by or against the Bureau of Industry constituted under this Act; and (c) In so far as the same relate to matters and things arising out of or in any manner what- soever connected with the administration of tIC The Industries Assistance Acts, 1929 to 1933," by the dissolved Corporation as the Industries Assistance Board, be vested in and shall attach to and may be enforced by or against the Corporation of "The Minister for Industries Assistance" constituted by this Act. (3) All actions and proceedings and things lawfully Proceedings. had and done by the dissolved Corporation or by any person under the repealed Acts or any of such Acts shall be and continue to be in full force and effect to all intents and purposes as if the same had been had and done by the Bureau of Industry constituted under this Act, or by an authority or person under this Act, ... 23 G. 5 No. 25 and amending Acts. t 2 G. 6 No. 3 and amending Act. t 20 G. 5 No. 16 and amending Acts.

124 PART 1.- PBELDlDlABY. LABOUR. Labowr and Industry Act. l't: GEO. VI. No. 20, and if the same are not completed may to the extent to which thay may be had and done by the Bureau of Industry under this Act or by any authority or person under this Act be continued and completed by the Bureau of Industry constituted under this Act or by such authority or person under this Act, as the case may be; and no such action or proceeding shall a.bate or be discontinued or prejudicially affected by anything in this Act contained. Penalties. Officers. (4) All penalties, fees, fines, and forfeitures which at the commencement of this Act may be enforceable and recoverable by the dissolved Corporation or by any person under the repealed Acts or any of such Acts shall and may be enforced and recovered by the Bureau of Industry constituted under this Act, or by the person having the like authority under this Act, as the case may be. (5) All officers and servants of the dissolved Corporation holding office or being employed at the commencement of this Act shall be deemed to have been appointed and engaged under this Act. Regnlations, (6) All Proclamations, Orders in Council, and regula- t&incu. , ecdo. n- tions made under *" The Bureau 0- 'J 1' Industry Acts, 1932 to 1943," or the repealed Acts or any of such Acts and in force at the commencement of this Act shall continue in force until the same or any of them are amended or superseded by Proclamations, Orders in Council, or regulations under this Act; and in the construction of such Proclamations, Orders in Council, or regulations references to the expression" Bureau of Industry" or " Bureau " or " Director of the Bureau of Industry" or " Director " shall- (a) In so far as the same relate to works con- structed or partly constructed under or in pursuance of sections 6, 6A, 6B, 60, or 6D of *" The Bureau of Industry Acts, 1932 to 1943," be deemed to be references to the Corporation of The Co-ordinator-General of Public Works constituted under t" The State Development and Public Works Organisation Acts, 1938 to 1940 " ; and • 23 G. 5 No. 25 and amending Acts. t 2 G. 6 No. 3 and aID6Ilding Act.

1946. LABOUR. Labour and Industry Act. 125 PAlIT 1.- PBBLDlllrAlloY. (b) In so far as the same relate to matters and things other than works mentioned in the preceding paragraph (a) or other than matters or things mentioned in the succeeding para- graph (c), be deemed to be references to the Bureau of Industry constituted under this Act or to the Director of the Bureau of Industry, as the case may be; and (c) In so far as the same relate to matters and things arising under or in any manner what- soever connected with *" The Industries Assist- ance Acts, 1929 to 1933," be deemed to be references to The Industries Assistance Board constituted by this Act, and references to any officer of the dissolved Corporation or to any officer under any of the repealed Acts shall be deemed to be references to officers of the Bureau of Industry under this Act or to officers of the Department of Labour and Industry, as the case may be, authorised or appointed in like behalf. (7) All instruments, documents, records, plans, Handin correspondence, and all books and writings the property over ol of the dissolved Corporation or in the custody or documents. control of any officer under the repealed Acts or any of such Acts shall be and are by virtue of this Act- (a) In so far as the same relate to works constructed or partly constructed under or in pursuance of sections 6, 6A, 6B, 60, or 6D of t" The Bureau of Industry Acts, 1932 to 1943," handed over to the Corporation of The Co-ordinator-General of Public Works constituted under t" The State Development and Public Works Organisation Acts, 1938 to 1940," and shall and hereby become the propertyofThe Co-ordinator-General of Public Works; and (b) In so far as the same relate to matters and things other than works mentioned in the preceding paragraph (a) or other than matters and things mentioned in the succeeding para- graph (c), be handed over to the Bureau of Industry constituted under this Act and shall and hereby become the property of the said Bureau of Industry; and * 20 G. 5 No. 16 and amending Acts. t 23 G. 5 No. 25 and amending Acts. t 2 G. 6 No. 3 and amending Act.

126 PABl'I.- l'uLIllIlfABY. LABOUR. Lab01lh" and Industry Act. 1'1' GEO. VI. No. 20, (c) In so far as the same relate to matters and things arising under or in any manner whatsoever connected with *" The Industries Assistance Acts, 1929 to 1933," be handed over to the Corporation of "The Minister for Industries Assistance" constituted by this Act and shall and hereby become the property of the said The Minister for Industries Assistance. Reference in (8) Where in any Act or in any Proclamation, Acts, &0. Order in Council, or regulation a reference is made to the dissolved Corporation or to the Director of the Bureau of Industrv, or the Director of the Bureau of Industry and Government Statistician, or to any officer appointed under the repealed Acts or any of such Acts, as the case may be, such reference shall, on and after the commencement of this Act, and subject as may be otherwise provided in this Act- (a) In so far as the same relates to works con- structed or partly constructed under or in pursuance of the provisions of sections 6, 6A, 6B, 60, or 6D of t" The Bureau of Industry Acts, 1932 to 1943," be deemed to be a reference to the Corporation of The Co-ordinator-General of Public Works con- stituted under t" The State Development and Public Works Organisation Acts, 1938 to 1940"; and (b) In so far as the same relates to matters and things other than works mentioned in the preceding paragraph (a) or other than matters and things mentioned in the succeeding para- graph (c), be deemed to be a reference to the Bureau of Industry constituted under this Act or to the Director of such Bureau or to officers of the Department of Labour and Industry, as the case may be, authorised or appointed in like behalf; and (c) In so far as the same relates to matters and things arising under or in any manner what- soever connected with *" The Industries Assist- ance Acts, 1929 to 1933," be deemed to be a reference to The Industries Assistance Board constituted by this Act. * 20 G. 5 No. 16 and amending Acts. t 23 G. 5 No. 25 and amending Acts. ::: 2 G. 6 No. 3 and amending Act.

1946. LABOUR. Labour and Industry Act. 127 PART 1.- PRRLllrUliAll Y. (9) (a) On and after the commencement of this Act As to ss. 6, section 6, subsections 1, 2, 3, 5, 6, 7, and 8 of section 6A, 6Ad 6:,60, and sections 6B, 60, and 6D of *" The Bureau of Industry an D. Acts, 1932 to 1943," shall be read as one with t" The State Development and Public Works Organisation Acts, 1938 to 1940," and the provisions of the said sections shall be in addition to and not in derogation of the provisions of such lastmentioned Acts. (b) Where in the said sections or the said subsections any reference is made to the Bureau, the Bureau of Industry, the Director of the Bureau of Industry, the Works Board, or the Bridge Board such reference shall, on and after the commencement of this Act, and subject as may be otherwise provided in this Act, be deemed to be a reference to The Co-ordinator-General of Public Works constituted under t" The State Development and Public Works Organisation Acts, 1938 to 1940." (c) Any reference in any Act, Proclamation, Order in Council, or regulation or in any mortgage, lien, security, bond, debenture, agreement, contract, deed, guarantee, or other document, instrument, or writing whatsoever to the Bureau of Industry shall in so far as the same relates to works constructed or partly con- structed under or in pursuance of the provisions of the said sections 6, 6A, 6B, 60, or 6D of *" The Bureau of Industry Acts, 1932 to 1943," be read and construed as a reference as if the name of the Corporation of The Co-ordinator-General of Public Works constituted by t" The State Development and Public Works Organisation Acts, 1938 to 1940," appeared therein as on and from the commencement of this Act instead of the name of the dissolved Corporation and shall operate and take effect accordingly. (d) The Governor in Council may by Order in Council published in the Gazette fix a date on and after which the levying and collection of tolls in respect of the bridge across the Brisbane River at Kangaroo Point, Brisbane- namely, the Story Bridge (hereinafter in this subsection referred to as " the Story Bridge" )-shall cease and on and after the date specified in such Order in Council no toll shall be levied or collected for or in respect of the Story Bridge. '" 23 G. 5 No. 25 and amending Acts. t 2 G. 6 No. 3 and amending Act.

128 PaT I.- PlIBLIJIIlURY. LABOUR. LalJour and Industry Act. 1'1 GEO. VI. No. 20, (e) Subject as hereinafter provided in this paragraph, the Co-ordinator-General of Public Works shall have power, authority, and jurisdiction to negotiate and enter into an agreement with Brisbane City Council (herein- after in this paragraph referred to as "the Council") for the acquisition, management, operation, and control by the Council of the Story Bridge and the Council shall be and is hereby authorised to acquire, manage, operate, and control the Story Bridge in pursuance of such an agreement negotiated and entered into and approved by the Governor in Council as hereinafter provided and the provisions of *" The City of Brisbane Acts, 1924 to 1944," shall be read and construed accordingly. The power, authority, and jurisdiction hereby conferred upon the Co-ordinator-General of Public Works to negotiate and enter into an agreement with the Council shall be subject to the condition that the Co-ordinator-General of Public Works shall in writing submit to the Governor in Council full and detailed particulars of any such agreement negotiated by him with the Council and that no such agreement shall be entered into or have any force or effect unless and until the terms and conditions thereof shall be approved by the Governor in Council. (10) Any reference in any Act, Proclamation, Order in Council, or regulation or in any mortgage, lien, security, bond, debenture, agreement, contract, deed, guarantee, or other document, instrument, or writing whatsoever to " the Minister," " the Corporation of The Minister for Industries' Assistance," or "The Industries Assistance Board" under t" The 1 ndustrie8 Assistance Acts, 1929 to 1933," shall be read and construed as a referenee to the Minister under this Act, the Corpora- tion of The Minister for Industries Assistance constituted by this Act, or The Industries Assistance Board constituted by this Act, respectively. PART II.- DEPAltTHI!INT OF LABOUR IN: : ~ RY. PART n.-DEPARTMENT OF LABOUR AND INDUSTRY. Alteration of 4. (1.) The name and designation of the" Depart- designation ment of Labour and Employment" is hereby changed ~ e~ ~ ment to the name and designation of the "Department of ·ofLabour Labour and Industry," and under such designation the : ~ pIOyment Department of Labour and Industry is hereby to Depart- constituted accordingly. ment of Labour and Industry. * 15 G. 5 No. 32 and amending Acts. t 20 G. 5 No. 16 and amending Acts.

LABOUR. 129 1946. - - - - - - - - - - - - PART II.- Labour and Industry Act. DIlPARTHEIiT OF LABOUR AND INDUSTRY. (2.) The Minister of the Crown holding office at A1t? rati~n of the passing of this Act as the Secretary for Labour ~ ~ ~ ~ : : l~ ! and Employment (and whether or not held in conjunction Labour and with any other office) shall, so far as such firstnamed ! m~ ~ ~ ~ nt office is concerned, be styled and designated as the for Labour Secretary for Labour and Industry without any further ~~ ~ustry. appointment or authority other than this section. (3.) The designation of the office of "Under Designation Secretary, Department of Labour and Employment," ~ ~ ~~ ~ ~~ . is hereby altered to the designation of "Director of the Bureau of Industry and Under Secretary, Depart- ment of Labour and Industry," and, subject as is herein- after in this Act provided, the officer holding office as Director of the Bureau of Industry under *" The Bureau of Industry Acts, 1932 to 1943," immediately prior to the commencement of this Act shall without any further appointment or authority other than this section be designated" Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry." (4.) (a) Where, by or pursuant to any provision C:onstruc- of any Act, any jurisdiction, power, or authority is or !~ ~ ~~ ~ n may be conferred or any duty is or may be imposed other Acts. on the Secretary for Labour and Employment and/or the Under Secretary, Department of Labour and Employment, or any reference or provision is made to or in relation to such Secretary or Under Secretary such reference or provision shall be read and construed as if the Secretary for Labour and Industry or, as the case may be, the Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry, were referred to therein in lieu of the Secretary for Labour and Employment or, as the case may be, the Under Secretary, Department of Labour and Employment. (b) Moreover, for the purpose of giving effect to qonstruc- but without limiting the generality of this section every ~ ~ ~ cf! ma­ Act, Proclamation, Order in Council, Rule of Court, ~ ion, Or~ er regu I atl · On, b y- I aw, or ru I e ma d e or purpor t' mg t 0 h ave m& cC. ounCil' been made under any provision of any Act prior to and in force at the passing of this Act in which any reference or provision is made to or in relation to the Department of Labour and Employment, or the Secretary for Labour and Employment, or the Under Secretary, Department * 23 G. V. No. 25 and amending Acts, E

130 LABOUR. PART 11.,- DBPARTIl1INT 011' LABOUR AND INDUSTBY. Lab()Wr and Industry Act. 1'1' GEO. VI. No. 20, of Labour and Employment, such reference or provision shall be read and construed as referring to the Department of Labour and Industry, or the Secretary for Labour and Industry, or the Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry, as the case may be. Subsequent appoint- (5.) Any person subsequently appointed who but ments. for the provisions of this section would have been designated" Secretary for Labour and Employment" or, as the case may be, "Under Secretary, Department of Labour and Employment," shall be designated " Secretary for Labour and Industry" or, as the case may be, Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry." PART 111.- CONSTITUTION AND POWBRS 011' THE BUREAU OF INDUSTRY. PART Ill. --CONSTITUTION AND POWERS OF THE BUREAU OF INDUSTRY. Interpreta- 5. In this Act, unless the context otherwise tion. indicates, the following terms have the meanings set against them respectively, that is to say:- Bureau of Industry or Bureau. Committee. " Bureau of Industry" or " Bureau"-The Bureau of Industry constituted under this Act: the term also includes a member, the Director or Secretary or officer of the Bureau; " Committee"-Any Committee constituted under this Act; Director. "Director"-The Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry appointed under this Act: the term also means any person acting as or performing the duties of the Director; Factory. Local Authorities Act. Local Authority. "Factory"-Any works, mill, or establishment used for manufacturing, treating, repairing, or preparing any article; "Local Authorities Act"-*" The Local Government Acts, 1936 to 1946," and any Act amending or in substitution for those Acts: the term also includes t" The Oity of Brisbane Acts, 1924 to 1944," and any Act amending or in substitution for those Acts; " LocalAuthority "-ALocalAuthority constituted under the Local Authorities Acts; * 1 G. 6 No. 1 and amending Acts. t 15 G. 5 No. 32 and amending Acts.

LABOUR. 131 1946. Labour and Industry Act. PART 111.- CONS'l'ITUTION AND POWERS OF THE BUREAU OF "Local board "-Any Local Authority, corpora- L INDIU~RY·d tion, or board constituted or appointed under oca oar. the authority of an Act and charged with the collection or administration of moneys for any purpose of local concern; " Minister" -The Secretary for Labour and Minister. Industry or other the Minister of the Crown for the time being administering this Act; H Person" includes any officer in charge of any Person. Department or branch of the Government of Queensland, and any local board, society, or institute, and any company, corporation, partnership, or firm, or body of persons corporate or unincorporate; " Prescribed"-Prescribed by this Act; Prescribed. « Regulations"-Regulations made under the Regulations. authority of this Act; "Secretary"-The Secretary of the Bureau or Secretary. any officer acting as or performing the duties of Secretary ; "This Act" -This Act and all Proclamations, This Act. Orders in Council, regulations, and rules made thereunder. For the purposes of this Act, the terms "employer," -, employee," and, generally, terms in relation to employment and industry, have the same meanings as are respectively assigned to them pursuant to *" The Industrial Conct:liation and Arbitration Acts, 1932 to 1946 " (or any Act amending or in substitution for those Acts). 6. (1.) For the purposes of this Act there shall be Constitution established a Bureau, which shall be called " the Bureau ~ ~ ! . ~ ~ : ; ~ of of Industry" (hereinafter in this Act referred to as " the Bureau "). (2.) The Bureau shall consist of- ; ! ~ : ~ : ~ s~ f (a) The Minister for the time being who shall, ex officio, be a member and chairman of the Bureau; (b) The Co-ordinator-General of Public Works for the time being who shall, ex officio, be a member of the Bureau; * 23 G. 5 No. 36 and amending Acts.

132 LABOUR. PART III.- CONSTITUTION AND POWERS OF THE BUREAU OF INDUSTRY. Labou.r and Industry Act. 1'1' GEO. VI. No. 20, (c) The Director of the Bureau for the time being who shall, ex officio, be a member of the Bureau; (d) The Under Secretary, Treasury Department, for the time being who shall, ex officio, be a member of the Bureau; (e) The Public Service Commissioner for the time being who shall, ex officio, be a member of the Bureau; (j) The Chairman, State Electricity Commission of Queensland, for the time being who shall, ex officio, be a member of the Bureau, and such other members as the Governor in Council may from time to time appoint, but the total membership of the Bureau, including the ex officio members, shall not at anyone time exceed nine. Bureau of Industry a body corporate. (3.) (a) The Bureau shall be a body corporate under the name and style of the "Bureau of Industry," and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued. (b) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Bureau affixed to any document or notice, and shall presume that it was duly affixed. Appoint. mentof members. (4.) The members of the Bureau other than ex officio members, as hereinbefore set forth, shall in the first instance be appointed by the Governor in Council by notification in the Gazette, and shall be appointed for such time, not exceeding three years, as the Governor in Council shall deem fit and proper. The members shall be eligible for reappointment for such period, not exceeding three years, as the Governor in Council thinks fit and proper: Provided that the Governor in Council may from time to time make regulations providing for the appoint- ment, on the nomination of any prescribed body or association of persons, of any member or members of the Bureau, other than ex officio members, and the filling of any vacancy in respect of any member or members appointed on the nomination or election of any prescribed body or association of persons, or for the appointment

LABOUR. .133 PAR~ IU.- 1946. Labour and Industry Act. CONS~ ITU! rIOIl' AND POWERS Oll" THlIJ BUREAU 01' INDUSTRY. after election of the whole of the members, other than ex officio members, or the election of any prescribed number of the members, other than ex officio members, and the appointment without election of such remaining members; the conduct of such election by post or otherwise; the compilation and revision of rolls of persons entitled to vote at such elections; the method of determining the qualification of voters at such election, and the making of such list of voters conclusive evidence of the title to vote at any such election. (5.) Any person who has his affairs under liquidation I?isquaJifica- or is an uncertificated or undischarged bankrupt, or tions. has been convicted of an indictable offence or is under- going sentence of imprisonment, or becomes a mentally sick person shall be disqualified from being appointed or elected or from continuing as a member of the Bureau. (6.) The Minister shall be the chairman of the Chairman Bureau.. The .Bureau shall appoint a member thereof ::!ir':!:'':. to be vlce-charrman. (7.) In the absence of the chairman or in the event Absence of of a vacancy in the office of chairman, the vice-chairman the. shall preside at the Bureau, and shall during such absence chaIrman. or vacancv have and exercise the duties and functions of the chairman. (8.) In the absence of the chairman and vice- Absence of cmheamirbmearn offrotmhe aBnyuremaeuetitnog, atchte aBs ucrehaauI • rmshaanll foerlectthae a c c h hn a a d . i · i rv r m m l . ca a en n - . meeting. (9.) During any vacancy in the office of any member, Vacancies. the continuing members of the Bureau shall act as if no such vacancy existed: Provided that where any member other than an ex officio member is appointed to fill any vacancy, the successor appointed to fill the vacancy shall be appointed for the remainder of the term of office of the member to whose office he is appointed. (10.) With the approval of the Governor in Council Delegation any ex officio member may from time to time delegate of powers. his powers, functions, and duties to some other officer of the Public Service, and during such period, while such delegation is in force, such officer shall have and possess the powers, functions, and duties of such ex officio

LABOUR. P.All'! 111.- CoJlSrI'I'U'I'ION AllD POWBRS Lahaur and Indudry Act. 11 GEO. VI. No. 20, OY TUB BURBAU OF IJmUS'l'RY. member accordingly: Provided that the Governor in Council may at any time cancel such delegation, and in such case such ex officio member shall resume and continue his powers, functions, and duties as member of the Bureau. Taeation of (11.) The office of member of the Bureau (other than office. ex officio members) shall be vacated- (a) If he is or has become disqualified under this Act; or (b) If without leave obtained from the Bureau. in that behalf, he has been absent from more than two consecutive meetings of the Bureau; or (c) Upon death or resignation. Resignation. (12.) Any member (other than an ex officio member) may resign his office as a member by notification in writing to the president of the Bureau, who shall submit such resignation to the Governor in Council for acceptance. Defe<;ts in (13.) No act or proceeding of the Bureau shall be : ~ f~ : tment invalid or illegal in consequence only of the number mvalida0 of the members of the Bureau not being complete at ~ ~ ~ = ~ B the time of such act or proceeding. All acts and proceedings of the Bureau shall, not- withstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Bureau, and as if the Bureau had been properly and fully constituted. General 7. The duties of the Bureau shall be, in general, to ~~ ties of tho'maintain a continuous review of industry and employ- reau. ment in all industries and in all parts of the State; to discuss from time to time with the Co-ordinator-General of Public Works the bearing of the Public Works Programme upon private industry and employment; to review action taken under Part IV. of this Act; to make recommendations to the Minister for the develop- ment and decentralisation of industry and employment; to acquire and disseminate knowledge concerning the economic condition of Queensland, including the income, production, and industrial efficiency of the community; to collect statistical and other information relating thereto.

LABOUR. 13-5 PAil!!! II~. - . 1946. Labour and Industry Act. A~ <> t'j, ~rw~! f ·Oll'·TBB BV)iBAU OF INDUSTRY. 8. (1.) The powers and functions and responsi.. p . d bilities of the Bureau shall be to acquire and disseminate f~ : : i: n: ~ f knowledge concerning the economic conditions of Queens- Bureau. land, including the income, production, and industrial efficiency of the community; to collect statistical and other information relating thereto; and in particular to report on- (a) The organisation, capitalisation, and labour conditions of particular industries; (b) The trade of Queensland, both overseas and interstate; (c) Stock of commodities, both primary and manufactured ; (d) Monetary conditions and both wholesale and retail prices; (e) Employment and unemployment generally, and in particular industries and localities; (f) The relations between employers and employees; and (g) Any other matter, including any questions of unfair competition or of sweating, or of monopolies detrimental to the public or to any section thereof which the Minister or the Bureau may consider to be in the public interest; and to further the objects of this Act. (2.) In addition to the above, the Bureau shall be entrusted with the following powers, functions, duties, and inquiries, namely:- (a) To review the statistics of employment and unemployment throughout the State; (b) To inquire into the causes and extent of unemployment within the State or any part thereof; (c) To inquire into and consider the most effective measures to be taken for temporarily or permanently reducing or eliminating unem~ ployment within the State or any part thereof. (3.) For the purposes of this Act, and with the approval of the Minister administering any other .Government Department or Governmental corporation

136 LABOUR. PART III.- CONSTITUfiON AND POWERS Labo·ur and Industry Act. rl GEO. VI. No. 20, OP THE -BUREAU OP INDUSTRY. or activity, the Bureau may make use of the services of any of the officers or employees in such Department or corporation or activity. (4.) The Bureau shall also exercise, perform, and undertake such other powers, duties, and responsibilities as may from time to time be directed by the Governor in Council. Further powers of inquiry by Bureau. 9. (1.) The Bureau is hereby empowered and authorised to hold any inquiry that may be necessary into any of the matters hereinbefore mentioned and in particular as to- (a) The income and productivity of Queensland year by year, and the estimated production of any year; (b) The probable economic effects of any existing regulation of labour conditions, and of any variation in those conditions, whether of wages, hours, or other matters, including the probable economic effects upon anyone industry or occupation or group of industries; (c) The relations between real wages and pro- ductivity, and any methods whereby it may be practicable to adjust wages to productivity; and (d) Such other matters of an economic nature as in the opinion of the Bureau may be of assistance in the administration of this Act. (2.) It shall also be the duty of the Bureau, as far as may be practicable, to promote effective measures to combat unemployment. (3.) It shall be the duty of the Bureau to conduct any inquiry or investigation of an economic nature referred to it by the Governor in Council and to make a report thereon to the Governor in Council accordingly. (4.) The Bureau shall also be available to advise the Governor in Council on matters connected with this Act generally and matters pertaining to alleviating unemployment and the encouragement of employment generally. (5.) The Bureau with the approval of the Governor in Council may make rules to give effect to its powers and duties under this Act.

LABOUR. 137 ]946. 1 . 0 PART 111.- Labour and Industry Act. CONSTITUTION AND POWERS OF THE BUREAU OF A ny recommen d atl · On 0 f t h e B ureau approve d Re IN co D m US - TRY. by the Governor in Council shall be final and binding on mendatioIl8 the Department concerned, and the administrative head of Bureau, of such Department to which such recommendation refers shall cause such recommendations of the Bureau to be given effect to. 11. (1.) For the purposes of carrying out the objects Power <;f and purposes 0 f th I ' S Act, and I' ts powers, dutl' es, and delegatiOn. responsibilities thereunder, the Bureau is hereby autho- rised to delegate to any committee, board, or individual person the conduct of any inquiry, or investigation, and may require such committee, board, or person to submit the evidence taken thereat, together with a report thereon, to the Bureau. (2.) For the purposes of this Act, the Bureau, a Bureau and commi~ tee, or board, or the Director or delegated or ~ ~ ~ atedor authorIsed officer, or any person to whom the Bureau authorised has delegated the conduct of any inquiry or investigation, f:: r:on to shall be deemed to be a commission within the meaning commission. of *" The Official Inquiries Evidence Acts, 1910 to 1929," and all the powers, authorities, and protection afforded by that Act shall apply and extend to the Bureau, the committee, or board, or the Director or delegated or authorised officer, or to any person to whom the Bureau has delegated the conduct of any inquiry or investigation as aforesaid. (3.) A delegation may be made in respect of any particular matter or of any class of matters or generally, or may be limited to any part of the State, and may be subject to or on such terms and conditions as the Bureau thinks fit. (4.) Every delegation under this section shall be revocable at the will of the Bureau, hut no delegation shall prevent the exercise of any power, duty, function, or authority of the Bureau. Director of Bureau of Industry and Under Secretary, Department of Labour and Industry. 12. (1.) (i.) The Governor in Council may from Appoint- time to time under and subject to the provisions ofment of t" The Public Service Acts, 1922 to 1945," appoint a person ~~ 1~! or and to be the Director of the Bureau of Industry and Under Secretary, Secretary, Department of Labour and Industry. ~ ei: r: ~ nt ~ - - ~ -- - - ~ ~- - ~--~~~ _______________________ and * I G. 5 No. 26 and amending Act. Industry. t 13 G. 5 No. 31 and amending Acts.

13B LABOUR. I' Alt~ IiI."':" CoIIII!lTITUTlQIII ANn.l'OWlIRS O.:r,.THB BlIRBAU.Ol' IJ11lUSTRY. Labour and Industry . A~ t. 1'1 GEO. VI. No. 20, . (ii.) The Director and Under Secretary shall be the executive officer of the Bureau, and shall, in respect thereof, have such powers and duties as are assigned to him from time to time by the Bureau or by the Minister, or as may be prescribed. (iii.) The Director and Under Secretary shall be the permanent head of the Department of Labour and Industry under and for the purposes of *" The P'Uhlic Service Acts, 1922 to 1945." (iv.) The person holding office as Director of the Bureau of Industry under t" The Bureau of Industry Acts, 1932 to 1943," immediately prior to the com- mencement of this Act shall, in addition and without prejudice to the terms and conditions of his appointment to such office and without any further or other appointment, be and be deemed to be the Director of the Bureau of Industry and Under Secretary, Department of Labour and Industry under and for the purposes of this Act, and shall hold such appointment under and subject to the provisions of *" The Public Service Acts, 1922 to 1945." Officers. 13. (1.) The Governor in Council, on the recom- mendation of the Public Service Commissioner, may appoint a Secretary to the Bureau of Industry, and may appoint and employ such administrative and technical officers and other employees to assist in the execution of this Act as may be necessary, and shall pay to such Secretary, officers, and employees such salaries as he thinks fit. Any such appointment may be made on the passing of this Act. (2.) The Secretary shall have power to execute documents on behalf of the Bureau and affix the official seal thereto, and shall also have such other powers and perform such other duties as are from time to time imposed by the Bureau or by the Director and Under Secretary: Provided always that an officer of the Public Service may, in addition to the position which he presently holds at or after the commencement of this Act, be appointed also to perform such other duties under this * 13 G. 5 No. 31 and amending Acts. t 23 G. 5 No. 25 and amending Acts.

LABOUR. PAlLiPIII.- 1946. Labour and Industry Act. CONB'm!UfiOI' AND POWIIBB 01/ To BURBAU 011' IJrDUS'l'BY. Act as the Governor in Council may direct or as may be prescribed, and in respect of the performance of such duties shall be deemed to be an officer of the Bureau: Provided further, that any officer appointed under this Act may hold his office under this Act in conjunction with any other office which he may hold at or after the commencement of this Act. Collection of Statistics. 14. (1.) Subject to this Act, the Bureau shall from Coll? C~ ion of t I·me t 0 t· Ime prepare and I.ssue . s I : .orms and· illS truct· IOns statlStlCS. and take all necessary steps for the collection of such statistics and statistical or other information (referred to as " statistics ") as may from time to time be required for the purposes of this Act or any other Act. (2.) For the purpose of collecting any statistics for the purposes of this Act or any other Act the Bureau may prepare and make available to such persons who may be required to furnish statistics, by delivery or in such manner as it thinks fit or as may be prescribed, any forms prescribed for procuring such statistics, in order that such forms may be filled up by such persons and returned to him. (3.) Such forms shall specify the nature of the statistics required by the Bureau. (4.) Every person to whom any such form is SO made available shall insert or cause to be inserted therein the full information required thereby to the best of his knowledge and belief, and shall, within thirty days or such time as may be prescribed after the making available by the Bureau of such form to him, return the same, duly filled up, to the person authorised by the Bureau to collect or receive the same. 15. In the event of income tax again being levied Income tax and collected under the State Income Tax Acts, it is returns. hereby declared that for the purposes of facilitating administration and to minimise the requirement of the furnishing by any person of returns under this Act or the furnishing of returns of like nature or similar in form and substance to forms furnished by any person under the Income Tax Acts, the Director and Under Secretary, if he considers it necessary or desirable for the purposes of any inquiry or investigation or other matter or thing under this Act so to do, may, notwithstanding anything

140 LABOUR. PART III.- CONSTITUTION AND POWERS Labo'ur and Industry Act. 11' GEO. VI. No. 20, OF THE BUREAU OF INDUSTRY. in *" The Income Tax Assessment Acts, 1936 to 1942," or any Act amending the same, to the contrary, have made available to him under this Act by the Commissioner of Taxes such information, except the names of the persons furnishing such forms under the Income Tax Acts, as will facilitate and minimise the furnishing of returns. In any such case the returns furnished to the Commissioner under the Income Tax Acts shall be accepted under the circumstances as hereinbefore set forth as returns under this Act. Moreover, the Director and Under Secretary or officer authorised by him shall preserve and aid in preserving secrecy with regard to any matter that may come to his knowledge in his official capacity in accordance with the provisions herein contained, and shall not communicate any such matter to any other person except in the performance of his duties under this Act: Provided that, in the publication of any statistics pursuant to information received from such income tax returns, no matter of a private or confidential nature in relation to any person shall be disclosed, nor shall any publication be made as would divulge the contents of any particular return. Bur~ au may 16. If any of the returns required under this Act : = ~ . fresh are not made, or are not collected, or do not reach the hands of the Bureau, or are so imperfect as to be valueless or misleading, the Bureau may direct that such returns be made or collected anew. Duty of 17. When and so often as the Government SGtoavtiesrtnicmiaenn. t Statistician (who for the purposes of this Act is deemed to be an authorised officer of the Bureau) is required to furnish particulars with respect to any matters that may be required by the Bureau, it shall be the duty of the Government Statistician forthwith to ascertain such facts and collect such information as will enable him to compile and furnish the particulars required, and for that purpose he may require returns to be furnished to him by any person or information to be given to him orally by any person, and in carrying out such duties he shall have all the powers, protection, and authorities of a commission under t" The Official Inquiries Evidence Acts, 1910 to 1929. " * 1 E. 8 No. 32 and amending Acts. t 1 G. 5 No. 26 and amending Act.

LABOUR. 141 1946. Labour and Industry Act. - - - - - - - - - - - . -- - - - - PART IlI.- CONSTITUTION A.ND POWERS OF THE BUREAU OF • INDUSTRY. 18. Every person shall to the best of hIS knowledge Information and belief answer all questions asked him by the to be. Bureau or by its duly authorised officers necessary to supplIed. obtain any information required for the purpose of any statistics authorised by this Act to be collected, and on request shall furnish any information (written or oral) required for the purposes of this Act. 19. The Bureau (including in such term the Publication Government Statistician) shall compile and tabulate the ofstatistics. statistics collected pursuant to this Act, and shall, as may be prescribed, publish such statistics or abstracts thereof with observations thereon : Provided that in the publication of any statistics Exception upnrl.dvearteanodr cfoonr fitdheentpI. ua1rpnoasteusreofm. thrieslaAt· lcOtnntoo manatyteprerosfoan apcosrl. nVtfoaidteenotrial shall be disclosed. matters. 20. The statistical returns furnished in accordance Statistical e: with *" The Registration of Births Deaths and Marriages Act retrn~9 v. of 1855," t" The Amended Registration Act of 1~ 67, " t" The ~ : . 4, lC. SRteotcukrnRseAtucrtsn,s 1 A 89 c 6 tst, o 11899335 t , o " m19a4y2b, " e auntidlis§ e " d T i h n e c S o t n a n t e is c t t i i c o a n l ~ N 1 ~ : V; i c o 5 , 7 an V ~ . c. W with the Bureau constituted under this Act, and to the v~ ~ . t intent and purposes that such returns shall be and be beO;etur:s deemed to be returns also for the purposes of this Act, ~ n~er this and the Government Statistician and his officers shall be c. and be deemed authorised officers under and for the purposes of this Act and the Bureau so established: Provided that the Bureau shall have authority Government at h ned ppuorwpeorseto 0 f in f sutrrumc . st h· mthge GanoyvesrtnamtI . setn . ICt sStta h taistticmiaany f b oer miSntasatytriusbtceitceidan required for the purposes of this Act and the Government tOtfurni~ Statistician, for the purpose of furnishing such returns, ~ ~ a~ i: ~ ~ c~ . and his officers shall be and be deemed authorised officers under and for the purposes of this Act. 21. Any person employed in collecting or compiling C? nec~ ors statistics und~ r this Act who divulges, makes extracts ~o~ !~t1on. from, or publIshes any information obtained under this Act, except under the authority of the Bureau, shall be liable to a penalty not exceeding fifty pounds. 4< 19 v. No. 34. t 31 V. No. 7. t 57 V. No. 10 and amending Acts. § 60 V. No. 16 and amending Acts.

142 LABOUR. PART IV.- ~ ; ~ g~ ~ ~ ~ ~ Lab( ) u~ and Industry Act. 11 GEO. VI. No. 20, DIVISION AND _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ .' SSISTANCE TO INDUSTRIES. PART IV.-SECONDARY INDUSTRIES DIVISION AND ASSISTANCE TO INDUSTRIES. Interpreta- 22. In this Part, unless the context otherwise tion. indicates or requires, the following terms have the meanings respectively assigned to them, that is to say :- Advance. "Advance"-An advance made or deemed to be made under this Part; Applicant. "Applicant"-Applicant for assistance under this Part; Application. "Application"-Application under this Part; Board. " Board "-The Industries Assistance Board constituted under this Act; Corporation " Corporation "-A company formed and regis- tered under the laws relating to the regis- tration of companies; or a co-operative association registered or to be registered pursuant to *" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," or any Act amending the same; or a 'co-operative society registered or to be registered pursuant to t" The Co-operative Societies Act of 1946" or any Act amending the same; or any firm registered or to be registered pursuant to t" The Registration of Firms Act of 1942" or any Act amending the same; or such other association, society or board as the Governor in Council may by Order in Council prescribe; Industry. " Industry "-Any works, undertaking, or business or such industry as the Governor in Council may from time to time declare, by Order in Council published in the Gazette, to be an industry for the purposes of this Act, and whether any such works, under- taking, industry, or business was commenced before, on, or after the passing of this Act; Land. " Land "-Any estate or interest in land: where by this Act any remedy is given to the Minister against or with respect to any land, the term " land" includes not only the land but also all improvements thereon ; • 14 G. 5 No. 45 and amending Acts. t 10 G. 6 No. 50. t 6 G. 6 No 24.

LABOUR. 143 1946. Labour and Industry Act. PART IV.- SECONDARY INDUSTRIES ~ - - - - -- -- - - - -- - -- - - - - - - - fs~ ~ ~ ~ f: c~ ~ ~ 23 (1.) The Minister may establish a Division of INDUSTRIES. Secondary I n dUSt n·es Wl· th t he genera1 0 1)· Ject·lves 0 f DSeivcoisniodnaroyf promoting the development of secondary industries Industries. in Queensland, of encouraging the decentralisation within the State of secondary industries suitable for establish- ment in country cities and towns, of encouraging the establishment of industries which will assist in the employment of seasonally employed labour and of maintaining contact with the Departments of the Commonwealth of Australia responsible for matters affecting secondary industries. of th (2 e .) PTuhbel1· G0 ovSeerrVn1o. 0reinCCoomumncl.SilS, . loOnntehr, e rmecaoymmapepnodm·a·ttiona ISDneidcreuocsnttdorairersyo. f Director of Secondary Industries and may appoint and employ such other officers and employees to assist in the execution of this Part as may be necessary, and shall pay to such Director of Secondary Industries, officers, and employees such salaries as he thinks fit. Any such appointment may be made on the passing of this Act. be c 2 o 4 n . st . I ( t 1 u .) teFdora thBeo p a u rd rpo W se h ~ 10hof sthhiasll Pabret tchaellreed shtahlel A ~ 1 s ~ s ~ is i ta : n ~ c r e i~ s " Industries Assistance Board." Board. (2.) The Board shall consist of such number of members, including the Director of Secondary Industries, who, ex officio, shall be a member of the Board, but not exceeding at anyone time seven, as the Governor in Council shall from time to time think fit. Two at least of such members shall be persons actively engaged in industry or commerce. (3.) The members of the Board shall be nominated by the Minister and appointed by the Governor in Council and such members, other than the ex o.tficio member, shall hold office at the pleasure of the Governor in Council. (4.) The Governor in Council shall appoint one of the members of the Board to be Chairman thereof. (5.) The Governor in Council may terminate the appointment of any member and appoint any other person to be a member in place of such member. (6.) Notice of every appointment of a member sha.ll be published in the Gazette.

144 LABOUR. PART IV.- SBCONDARY INDUSTRIBS Labour and Industry Act. 11' GEO. VI. No. 20, A~ ~ ~ ~ ~: N~-- ____----------------------------------- INDUSTRIBS. Powers and 25. (1.) The Board shall during the period of its duties of office- Board. (a) Advise the Minister on matters connected with this Part generally; (b) Make any inquiry or investigation required by this Part, or which the Minister or the Board may think necessary or expedient so to make. Bdcoeomeamrmdeidssaion the BFooarrtdhaenpduerpaochseaonfdaenvyesruycmh eimnqbueirrythoerreinovf esshtaigllahtiaovne, ~ ~ : ra~ he the same powers, authorities, and protection as a Inquiries commission under *" The Official Inquiries Evidence Acts, EAvcitd. ence 1910 to 1929," and any Act amending the same. Regulations. Regulations may be made prescribing the duties, powers, and responsibilities of such Board, the regulation of meetings, proceedings, and the conduct of business of such Board, the appointment of a secretary or other officers (if necessary), and generally such other matters or things which it may be considered necessary or expedient so to prescribe. Quorum. (2.) Any three members of the Board shall constitute a quorum thereof. Defe?ts in (3. ) No act or proceeding of the Board shall be ? o~ ot~ tment invalid or illegal in consequence only of the number of invalidate the members of the Board not being complete at the porfoBceoeadrdin.gs time of such act or proceeding. All acts and proceedings of the Board shall, not- withstanding the discovery of any defect in the appoint- ment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Board, and as if the Board had been properly and fully constituted. Power to 26. In order to foster and stimulate the develop- ;~ :: : ee ment of industries in this State, it shall be lawful for the advance~ to Minister, with the approval of the Governor in Council, c M orp ~ ora ~ tIons under and pu • rsu • ant to the provisions of this Part ' to engaged in render finanCIal assIstance for the development of the business. * I G. 5 No. 26 and amending Act.

LABOUR. 145 1946. Labour and Industry Act. PART IV.- 8BOONDABY INDUS'lBIBS -- - - - ------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - fs~ ~ 1: o~ ~ I . n d US t ry concerned by ma kin g advances orguarantee·mg INDUSTBlBII. the repayment of advances and interest thereon in respect of any corporation or person engaged in business: Provided that it shall be proved to the satisfaction of the Minister, on a report from the Board as hereinafter provided, that-- (i.) Such application is in accordance with this Part; and (ii.) That it is in the interest of the State that such assistance should be given and that the carrying on of such business is calculated to promote employment in the State. Moreover, the Minister in approving of such applica- tion shall take into consideration the question whether or not it is practicable for the applicant to obtain assistance or capital through the ordinary financial channels: Provided further that the final approval of any such application shall rest with the Governor in Council. 27. (l.) Every application for financial assistanceMeth~ d of shall be made to the Minister or the Board and shall : ~ ~ ~ ! : or contain such particulars as are prescribed. Every such application shall, if so required by the Minister, be accompanied by a deposit of money in such amount as the Minister considers reasonably sufficient to defray the expenses to be incurred in reporting upon the application concerned. (2.) Such application shall be accompanied by copies of the balance-sheet and trading accounts of the business for tpe last three years, or for such lesser period during which the business has been conducted, and such other information as the Board may require from the applicant. 28. (l.) Every application under this Part shall be Reference submitted by the Minister to the Board for its report to Board. and recommendation thereon. (2.) In inquiry into any such application the Board~oard.to shall take the application concerned into consideration, mvestlgate and in particular shall investigate and have regard to all or any of the following matters, that is to say:- (i.) The nature and objects of the business; (ii.) The sufficiency of the capital for carrying on the business successfully, making allowance for the advance applied for;

146 LABOUR. PART IV.- SECONDARY INDUSTRIES Labaur and Industry Act. 11 GEO. VI. No. 20, ADSISVISISTIAONNCEANTDO - - - - - - - - - - - - - - - - - - - - - - - - - - INDUSTRIES. (iii.) The securities offered by the applicant for the advance or guarantee concerned; (iv.) Its opmlOn as to whether or not the carrying on of such business is calculated to promote employment in the State; (v.) Whether it would be in the interest of the State to approve of such application; (vi.) The practicability or otherwise of the applicant obtaining assistance through the ordinary financial channels; (vii.) Such other matters as may be prescribed or as may be required by the Minister either generally or in any particular case. Recom- (3.) The Board shall at the conclusion of its inquiry mbyenBdoaatrido.n forward to the Minister a recommendation in respect of any application concerned. Minister to consider report. (4.) The Minister shall consider such recommenda- tion and may in his absolute discretion approve of such recommendation, or may refuse such recommendation, or may refer such recommendation back to the Board for further inquiry. Decision of Minister to be final. (5.) The decision as to the approval or otherwise of the Minister in respect of any such application shall be a decision in his absolute discretion, and shall not be subject to any appeal or review by the Supreme Court or by any other tribunal whatsoever. Approval of (6.) It is hereby declared that, before any application CGoouvnecrinlo. r in for an advance or guarantee is finally approved, any such application approved by the Minister shall be submitted to the Governor in Council for final approval. bNofyoatOipfpridcraeotrvioa in nl this P( 7a.) rtAshnayll sbuechnotaifpiperdobvyalthoef GaonvearnpoprliicnatCioonunucinldbeyr Council. Order in Council published in the Gazette. General 29. Notwithstanding the provisions of any Act to pgouwarearnsteaes.to the contrary, I"n any case where t he Mm' I"St er, Wl "th the. approval of the Governor in Council, is empowered pursuant to this Part to advance moneys by way of loan to any applicant under this Part, then the Minister, in lieu of making such advance by way of loan to such applicant, may with the approval of the Governor in

LABOUR. 147 PART IV.- 1946. Labour and Industry Act. SBCONDARY INDUSTRIBS - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - -- - -- fs~ ; ~~ ~ ~ Council authorise such applicant to obtain such INDU8'lBlBS. advance by way of loan from any bank or institution, and guarantee on behalf of the Government to such bank or institution the amount or any part of the amount so borrowed with interest at the agreed rate, and such bank or institution shall be deemed to be authorised and empowered to make such loan, which shall be and be deemed for all purposes to be an authorised investment of its funds. And where any such applicant is unable to offer security for a loan acceptable to any bank or institution, the Minister, with the approval of the Governor in Council as aforesaid, on behalf of the Government may guarantee to such bank or institution the amount or any part of the amount of such loan with interest at the agreed rate: Provided that any amount so guaranteed shall not exceed in any case an amount exceeding sixty-six and two-thirds per centum of the total assets of the business assisted. Any guarantee entered into by the Minister and Terms of approved as aforesaid under this Part shall be limited to guarantee. such amount and to such period of time, and be subject to such other terms, reservations, and conditions contained in the instrument of guarantee concerned or as may be prescribed by the Governor in Council by Order in Council published in the Gazette. . Every such Order in Council shall, when so published. be binding on all parties as to the matters therein mentioned, and shall be conclusive evidence that all the requirements of this Part in respect to all matters precedent to the issue of the said Order in Council and incidental thereto have been complied with. 30. If the Minister, after receiving a report and Special recommendation of the Board, is satisfied that the ~~: .:! t!! !f proceeds of any loan proposed to be raised by any loans. applicant to which this Part applies are to be ~ pplied towards or in connection with the carrying out of any capital undertaking or works or in or in connection with the purchase of articles manufactured or produced in Queensland required for the purposes of any such under- taking or works, and that the application of the loan in the manner proposed is calculated to promote employ- ment in Queensland, the Minister may, subject to this

148 LABOUR. PART IV.- SECONDARY INDUSTRIES Labour and Industry Act. 11 GEO. VI. No. 20, fs~ ~ ~ ~ : c: ~ ~ ------------------------- INDUSTRIES. Part and with the approval of the Governor in Council on behalf of the Government, guarantee, in such manner and form and on such terms and conditions as he thinks fit and proper or as may be prescribed, the payment of the interest and principal of the loan or of either interest or principal. In this section the expression "capital under- taking" means an undertaking involving capital expenditure. Advances 31. With the approval of the Governor in Council, ~~ n~~ s advances may be made by the ~ inister, under. this Part, appropriated out of moneys annually approprIated by ParlIament for annually. the purposes of such advances. Advances on 32. Notwithstanding anything in this Part con- :. ~ ::: g tained, advances may be made to an applicant under this Part in respect of assets already existing. In any such case the provisions of this Part shall be applicable so far as the same can be applied. Security for 33. (1.) Subject to this Part, no advance shall be advances. made to an applicant by the Minister under this Part except upon the security of a mortgage or mortgages to the Minister over the assets in respect of which such advance is made, and upon such other security as to the Governor in Council may seem fit. The terms, conditions, and stipulations of the advance (which shall be deemed a loan by the Minister to the applicant), and terms of repayment and all other matters necessary or incidental to the repayment and enforcement of such advance, may be fixed by agreement or may be as prescribed. Moreover, subject to this Part, for securing the repayment of all moneys advanced by the Minister to the applicant or payable by the applicant to the Minister under this Part, the applicant shall execute all such mortgages, charges, liens, or other instruments over the land, machinery, plant, or other property of the applicant as the Minister may require, and such instruments shall contain all such covenants, stipulations, and remedies in favour of the Crown upon any default or non-compliance by the applicant with any of the provisions of this Part, or with any of the terms of any agreement or instrument, as the Minister may consider proper.

LABOUR. 149 - -~ ~ -- - -- - - - . - - - ~ - - - - - - - ~ - - - - . -_. - - - - ~ - ~ PART I V . - 1946. Labour and Industry Act. SEOONDARY INDUSTRIES ~ - - - - - - - --- --- -- - -- - - - - - - fs~i: ~: o:~ ~ 34. (1.) Where, pursuant to section twenty-nine INDUSTRIES. o f th I · S P ar t , a b an k or l . nstl · t ut · lOn ma k es or agrees to Sadevcuanricteysfor make advances by way of loan to such applicant, and where the Minister has guaranteed to such bank or institution ~ ~ ~ ~ o~ : d the amount or any part of the amount of such loan institution pursuant to the said section twenty-eight, the following : t; : e~ ~ ~ the provisions shall apply, namely:- applicant. (i.) Subject to this Part, no advance shall be made to an applicant under this Part except upon the security of a mortgage or mortgages to the bank or institution concerned, as hereinafter set forth. (ii.) The terms, conditions, and stipulations of the advance (which shall be deemed a loan by the bank or institution to the applicant) and the terms of repayment and all other matters necessary or incidental to the repayment and enforcement of such advance may, subject to the approval of the Minister, be fixed by agreement between the applicant and the bank or institution concerned. (iii.) Moreover, for securing the repayment of all moneys advanced to or payable by the applicant under this Part, with interest thereon as may be agreed, the applicant shall and may execute all such mortgages, charges, liens, or other instruments over the works, land, machinery, plant, tolls, revenues, rights legal and equitable, undertaking, or other property of the applicant as the Minister or the bank or institution may require containing all such covenants, stipulations, rights, powers, and remedies in favour of the bank or institution upon any default or non-compliance by the applicant with any of the provisions of this Part, or with any of the terms of any agreement, mortgage, charge, lien, or instrument as the Minister or the bank or institution may consider proper. 35. Without in any way limiting the operation of any other provision of this Part- (i.) In the month of August (or such other month Half-yearly as may b e prescfl Ob e d) I ° n every year the astrareteamrsetnot boef Minister shall cause to be published in the published.. Gazette a statement showing, with respect to every applica.nt to which or to whom a loan has been advanced under this Part, the amount of money which is then overdue and in arrear, and also the total of the principal sum then remaining unpaid.

150 LABOUR. PART IV.- SECONDARY INDUSTRIES LabO'lN' and Industry Act. 11 GEO. VI. No. 20, DIVISION AND ASSISTANCE TO - - - - - - - - - - - - - - - - - - - - - - - - - INDUSTRIES. Power to (ii.) If thereafter on the thirty-first day of October enforce payment of arrears. (or such other month as may be prescribed) any part of such money so overdue and in arrear remains unpaid, the Minister may by notification in the Gazette appoint a receiver to collect on his behalf and to pay to him all or any moneys from time to time due and owing to the applicant to the amount stated in such notification; and the Minister may from time to time make all such orders and give all sucb directions with respect to the powers and duties of such receiver and the management by him of the business of the applicant as the Minister thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of such applicant, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of *" The Audit Acts, 1874 to 1945," or any Act amending or in substitution for that Act. Recovery o! 36. Without in any way limiting the operation of = ~; s paid any other provisions of this Part in respect of all moneys guarantee. paid by the Minister under any guarantee executed under this Part the Minister shall have the following rights and powers :- (i.) He may recover from the applicant the amount of all such moneys with interest at five pounds per centum per annum, or such interest as may be prescribed, by action in any court of competent jurisdiction. (ii.) He shall to the extent of any payment made by him be entitled to the benefit of any securities held by the bank or institution as security for the loan, so that- (a) Where the Minister has paid to the bank or institution the whole of the moneys secured by such securities, the bank or • 38 V. No. 12 and amending Acts.

1946. LABOUR. 151 Labour and Industry Act. such institution shall hand PART IV.- SECONDARY INDUSTRIE S DIVISION AND - - - - ASSISTANCE TO INDUSTRIES. over such securities to the Minister, who may exercise all the powers of the bank or such institution in respect of such securities; (b) Where the Minister has paid only part of the moneys so secured, the bank or such institution shall as and when directed by the Minister realise such securities, and after satisfying its own claims out of the proceeds thereof shall pay the balance (if any) to the Minister. The powers and remedies of the Minister under this section shall be exercisable singly or concurrently as in his discretion he thinks proper. All moneys payable by the Minister under any ~ ppropria. guarantee executed under this Part shall be paid out tlOn. of moneys to be from time to time appropriated by Parliament for the purpose. 37. Without in any way limiting the operation of any other provision of this Part- (1) During the period of the indebtedness of the applicant to the Minister, or the period under which a guarantee under this Act is in force- (i.) The applicant shall not sell or dispose of Applicant any of the assets of the business concerned ~fs~~~ e of without the express consent in writing of the assets Minister in that behalf first had and obtained, : ~ ! : ~ : . and every agreement, contract, instrument, or writing made or entered into contrary to this provision shall be void and of no effect whatsoever. (ii.) The applicant shall insure and keep insured Insurance. with the State Government Insurance Office or other approved insurance office, in the name and for the benefit of the Minister, such of its or his or their assets and in such amount as the Minister may direct; The Minister, in the event of the failure of the applicant to comply with his direc- tion, may effect such insurance and from time to time recover the premium thereon from the applicant.

152 LABOUR. PART IV.- SECONDARY INDUSTRIES Labour and Industry Act. n: GEO. VI. No. 20, DIVISION AND _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ASSISTANCE '1'0 INDUSTRIES. Duty as to maintenance. (iii.) The applicant shall at all times exercise due care of the assets of the applicant, and shall maintain the assets, premises, and plant in an efficient manner and to the satisfaction of the Minister. Inspection, &c. (iv.) Any officer or officers authorised in that behalf by the Minister or Board shall at all reason- able times be permitted to enter the premises of the applica:qt for inspection purposes, and shall be given access to the books of the applicant, and generally be afforrled every facility for inspecting the assets. Duty to give information. (v.) The applicant shall, when required by the Minister or Board, furnish the Minister or Board with such information respecting costs and particulars of manufacture or with such other information in relation to the works as the Minister or Board may require. Audit and accounts. (vi.) The Minister or Board may from time to time appoint some person or persons holding a certificate of competency, or some officer or officers of the Department of the Auditor- General, to be the auditor or auditors of the applicant, and the applicant shall pay such auditor or auditors such remuneration as the Auditor-General may determine. Special audit. (vii.) The Minister or Board may at any time appoint a special auditor or auditors to examine and report upon the accounts of the business for any period fixed by the Minister or Board; the cost and expenses of every such special audit, including the remuneration of the special auditor, shall be paid by the applicant. Accounts. (viii.) The applicant shall keep such books of account and in such form as the Auditor- General may prescribe. Remedies of (2) The provisions of this Part for securing to the ~ ~ ~~ tive. Minister the payment to him of the liability of the applicant under this Act, and all other powers and authorities conferred on the Minister under or pursuant to this Act, shall be in addition to any other remedy which the Minister has against the applicant concerned as a creditor, and he may enforce such remedy.

LABOUR. 153 PUT IV.- 1946. LMour and Industry Act. SBOONDARY INDUSTBlBS - - - - - - - - - - - - - - - - - -- - -- - -- - l' ~ :~ ~ ~CEA~ (3) Moreover, all moneys advanced by the IImuSTRIl!Is. Minister to the applicant or payable by the applicant ! t~ ~ ? ! d to to the Minister, whether under this Part or under any be a. deb~ guarantee given in pursuance thereof, shall be a debt ~ ~ : ~ : 18 due and payable to His Majesty, and payment thereof may be enforced accordingly in any court of competent jurisdiction. (4) Every advance or guarantee under this Part Spec~ a.~ shall, in addition to the conditions and stipulations in : . : : ~ ~ ons this Part contained, be subject to any further conditions imposed. and stipulations as to the Minister may seem fit, or as may be prescribed. (5) Moreover, any instrument of mortgage given to Furt~ er the Minister may contain the following provisions or security. provisions to the like effect ;- "And by way of further security to the Minister in the event of the applicant who has executed such instrument (or of any of the lawful successors in interest or assigns of such applicant which for the time being is the proprietor of the properties of such applicant and of its plant and equipment or any of these) being wound up whether voluntarily or compulsorily on the ground of its or his or their inability to meet its or his or their obligations or taking the benefit of any law for the time being in force in the Commonwealth or any State relating to bankruptcy or insolvency, such instrument executed by the applicant shall be deemed to be and shall have the effect of a valid and subsisting first mortgage and charge of and over such properties and of a bill of sale of and over all such plant and equipment (notwithstanding that such instrument is not in the form or does not otherwise comply with any of the provisions or conditions prescribed by any law then in force relating to mortgages of properties leases or interests or relating to bills of sale of chattels) to secure each and every amount which may then be payable to the Minister or may thereafter become payable to the Minister under or pursuant to the terms of such instrument. The Minister shall be at liberty to register such agreement pursuant to the provisions of *" The State Securities Regi8tration Act of 1925," and upon such registration such instrument shall operate as a security to the Minister in accordance with the provisions of this subsection, and the Minister shall be entitled, by motion made to the Supreme Court or a judge thereof, to obtain an order for the sale of all or any of the property comprised or deemed to be comprised in such mortgage or bill of sale in priority to any mortgage, lien, or other encumbrance whatsoever then existing over any such property or claimed or alleged so to be." 38. For the purposes of this Part the Minister may Security. hold, until the same can be advantageously disposed of, any property real or personal taken by him or to which he shall become entitled as security for or in satisfaction, liquidation, or discharge of any debt owing to him. ,. 16 G. 5 No. 19.

154 LABOUR. PART IV.- SECONDARY INDUSTRIES Labour and Industry Act. 11 GEO. VI. No. 20, DIVISION AND ASSISTANCE '1'0 - - - - - - - - - - - - - - - - - - - - - - - INDUSTRIES. For the purposes of this Part the Minister represent- Mbeinaister to ing the Crown shall be a corporation sole by the name corporation of "The Minister of Industries Assistance," and by sole. that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued, and shall have power to purchase, sell, exchange, lease, and hold land, buildings, equipment, goods, chattels, and property, or any other means of production for industry, and may grant, sell, or lease the same for the purpose of developing and decentralising industry and employment in Queensland, and subject to this Part may do any acts not otherwise unlawful which may be necessary to the proper exercising and performance of the powers, functions, and duties of the Minister under this Part to the same extent as a private person can do. Annual 39. In the month of August, or as soon after as lraeipdobrteftoorebe may be convenient in each year, the Minister shall Parliament. prepare a report of all moneys advanced or loans guaranteed for the purposes of this Part during the previous financial year, with detailed statements of his accounts with any applicants, and lay the same before Parliament as soon as practicable. Power to 40. Notwithstanding anything in this Act, or in :~~ :fesr held any other Act, contained, the Governor in Council may or st: n~ iing direct that the whole or any part of any money held to credlt. by or standing to the credit of the Bureau of Industry as the Industries Assistance Board under *" The Industries Assistance Acts, 1929 to 1933," at the commencement of this Act, and whether held or standing to credit in any bank, fund, or otherwise howsoever shall be transferred to the Corporation of "The Minister of Industries Assistance" constituted by this Act and such direction shall be observed and given effect to accordingly. Regulations. 41. (1.) The Governor in Council may from time to time make such regulations, providing for all or any purposes, whether general or to meet particular cases, as may be convenient for the administration of this Part or as may be necessary or expedient to carry out the objects and purposes of this Part, and, where there may be in this Part no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Part, providing for and supplying such omission or insufficiency. * 20 G. 5 No. 16 and amending Acts.

LABOUR. 155 PART IV.- 1946. Labour and Industry Act. BBCONDAltY INDUBTlUBB ------------------------------------------------- A: ~!~ ~:~ Without limiting the generality of the foregoing IimUBTlIllIIS. provisions, regulations may be made for the following purposes ;- (i.) The form and manner of applications under this Part, and the particulars, instruments, undertakings, and documents to be furnished with any such application; (ii.) The security to be given by applicants in respect of such applications, and the recovery of moneys thereby secured; (ill.) All such observances as are not specifically provided for in this Part and which the Governor in Council considers it desirable that applicants should comply with in regard to any matter concerned. (2.) Any such regulations may be made on the Regulations passing of this Aet. may be made on passing of Act. PART V.--A: PAltT V.- A: CONSTI· TUTION OF EMPLOYMENT CONSTITUTION OF EMPLOYMENT DIS- DI: : ~ iTS, TRICTS, STATE EMPLOYMENT EXCHANGES, AND EEMXPCLHOAYNMGEENST, DISTRICT EMPLOYMENT BOARDS. 1r:' fo~ ~~~ ~ 42. In this Part, unless the context otherwise In~ ; ; ; : ~ ' 'requires, the following terms have the meanings tion. respectively assigned to them, that is to say :- " Director "--The Director of the Bureau of Director. Industry and Under Secretary, Department of Labour and Industry appointed under this Act: the term also means any person acting as or performing the duties of the Director; "District Employment Board" or "Board"-- District A District Employment Board constituted ~ : ~~ ~ ent under this Part: the term also includes a Board. member or officer of any such Board; " Employer" includes the Crown; Employer. "Employment District" or "District"-An Employment Employment District constituted under this g~ : : ~ ~ ~ : . or Part; " Licensed "-Licensed under this Act; Licensed. " Licensee "-A person holding a license issued Licensee. under this Act;

156 PAR,!! v.- A: CONSTI· TUTION OF EMPLOYMEN'!! DISTRICTS, S'!!ATE EMPLOYMENT EXCHANGES, AND DIS'!!RIOT EMPLOYMENT BOARDS. Local body. Private employment exchange. State Employment Exchange. LABOUR. Labour and Industry Act. 11 GEO. VI. No. 20, "Local body"-Any Local Authority, corpora- tion, or Board constituted or appointed under the authority of an Act and charged with the collection or administration of moneys for any purpose of local concern: the term also means and includes a "local body" within the meaning of *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," or any Act amending or in substitution for the same or deemed to be a "local body" under which Acts by any statute or law; "Private employment exchange" includes the business of keeping an intelligence office, employment bureau, or other agency or of acting as agent for procuring employment or procuring labour where a fee or other valuable thing is exacted, charged, or received for registration or for procuring or assisting to procure employment or labour; " State Employment Exchange "-A State Employment Exchange constituted under this Part. Dissolution 43. On and from the commencement of this Act oEfmSptlaotye. the State Employment Council established under t" The ment Employment Exchanges Acts, 1915 to 1941," shall be Council. dissolved and the members of the said Council shall go out of office, and the offices of Director of Labour and Director of Employment shall be abolished. Constitution 44. There shall be constituted from time to time ~ 1 t by the Governor in Council by Order in CouncH published D: fri~~ ~ en in the Gazette districts to be styled "Employment Districts" (referred to herein as "districts "). Such districts shall be as prescribed and shall comprise the Local Authority areas or parts of such areas within such districts: Provided that the Governor in Council may from time to time create, by Order in Council, such further or other districts, or may in like manner amend or abolish any district or distlicts or amalgamate into one district any existing district or part thereof with any other district or districts or part or parts theleof as he shall deem fit : * 14 G. 5 No. 8 and amending Act. t 6 G. 5 No. 6 and amending Act.

LABOUR. 157 1946. Labour and Industry Act. PART V.- A: CONSTI- TUTION OF ElIIPLOYHENT DISTRICTS, Provided further that the Minister may designate ~ ~ L- r; : : ENT the name of any such district so constituted and give AN~ O; ~ ~ ~ ' 3r dir ec t I · ons t h at t h e B oar d s h a 11 meet I . II rotatI . On at suc h EM B P O L A O R Y D M S E . NT cities, towns, or townships within such district as shall, from time to time, be specified by him : Provided also that any State Employment Exchange District constituted under *" The Employment Exchanges Acts, 1915 to 1941," and existing at the commencement of this Act shall continue so to exist and be deemed to be an Employment District under this Part until abolished by the Governor in Council by Order in Council under this Part. 45 The Governor in Council may establish, main- Establish- tain, and conduct in the manner prescribed free Employ- St: ~ ! of ment Exchanges in any district within and under the Employment Department of Labour and Industry. Such exchanges Exchanges. shall be known as " State Employment Exchanges" : Provided that any State Employment Exchanges existing at the commencement of this Act shall, subject to the provisions of this Part, continue so to exist and be and be deemed State Employment Exchanges until abolished or altered in accordance with the provisions of this Part. 46. The Governor in Council may from time to Appoint- time appoint an employment officer and/or secretary: ffi~: r~~ in respect of any District Employment Board and such other agents and officers as may be necessary for the effectual administration of this Part. Any such appointment may be held by the appointee in conjunction with any office in the Public Service or under any Crown corporation or Crown instrumentality for the time being held by him: Provided always that the Minister may from time to time without any further or other appointment authorise and instruct any inspector, investigating officer, or any other officer appointed under or for the purposes of the Department of Labour and Industry and/or the Acts and regulations administered or to be administered by such Department to act as or perform any of the duties of an employment officer, or secretary, or any other officer under this Act, and either solely for * 6 G. 5 No. 6 and amending Act.

158 LABOUR. PAlLT V.- ~ ~ ' I' ~ g; s~ ; Labour and Industry Act. n GEO. VI. No. 20, EIIIPLOYIIIB!IT DISrRIC'I'S, - - - - - - - - - - - - - - - - - - - - - - - - - S'I'ATE ~ ~ ~i~ ~~ : T the purposes of this Act or in conjunction with any office AND DIS'I'RI<h for the time being held by such officer and any such EIIIPLOYIIIENT • ' BOARDS. mspector or officer while so acting or performing such duties shall be and be deemed an employment officer, or secretary, or other officer under this Part as the case may require. DmApiespntortiiocntft- the d4is7tr.icTt, otsourmvaekyeinrdecuostmrymaennddaetmiopnlsoyfomr etn h tethprrooumgohtoiount Employment of employment, and for the more effective supervision of Boards. State Employment Exchanges there shall be constituted by the Governor in Council, by Order in Council, District Employment Boards, which shall comprise the following persons :- (a) A person from time to time nominated by the Minister and appointed by the Governor in Council, who shall be member and chairman of the Board; (b) A representative or a prescribed number of representatives of the Local Authority or Local Authorities, the Area or part of the Area of which is in the district, nominated or elected by the Local Authority or Local Authorities in the prescribed manner and appointed by the Governor in Council; (c) Two workers' representatives elected in that behalf as prescribed by regulations by the executives of the industrial unions of employees registered under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1946," and appointed by the Governor in Council ; Not more than one member of an individual industrial union of employees shall he a member of anyone Board unless the Order in Council constituting the Board exempts the Board from the operation of this provison; (d) One employers' representative elected in that behalf as prescribed by regulations by the executives of the industrial associations, unions, and organisations of employers in * 23 G. 5 No. 36 and amending Acts.

1946. LABOUR. Labour and Industry Act. 169 PART VI.- JUVENILE EMPLOYMENT BUREAU. (d) To supervise and collaborate with and correlate surveys and recommendations made by any Juvenile Employment Group Committee; (e) To investigate and examine and report to the Minister- (i.) The diversion of minors between trades, callings, crafts, occupations, or industries, (ii.) The position with respect to the trades, callings, crafts, occupations, or industries which do not train minors and/or as to whether minors should be excluded therefrom or the employment thereof restricted, (iii.) As to the incidence and extent of " dead- end" employment in certain trades, callings, crafts, occupations, or industries, or groups of trades, callings, crafts, occupa- tions, or industries, (iv.) As to the measures to be employed to reduce or eliminate "dead-end" employment in certain trades, callings, crafts, occupations, or industries, or groups of trades, callings, crafts, occupations, or industries, with a view to the absorption into other trades, callings, crafts, occupations, or industries, any minors so affected; (f) To initiate proceedings in the name of the Bureau and by means of an officer authorised in that behalf by the Bureau before the Industrial Court constituted under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1946" (and in such proceedings to be and be deemed a party thereto). In this regard such proceedings may be in the nature of an application to the court for an award, or variation of any existing award or agreement affecting the employment of minors in any trade, calling, craft, occupa- tion, or industry to which this Part applies, and without limiting the generality of these provisions, particularly with respect liO- (i.) Prescribing of age-bars or educational qualifications, * 23 G. 5 No. 36 and amending Acts.

170 PART vr.- lUVENILB EMPLOYMENT BUREAU. LABOUR. . Labour and Industry Act. 11 GEO. VI. No. 20, (ii.) The proportion of minors to be allowed to adults in any trade, calling, craft, occupa- tion, or industry to which this Part applies, (ill.) The proportion of female minors to total minors, (iv.) The fixation of wages in respect of minors including- (I) The question of payment of wages according to age and/or experience, (2) Progressive increases in wages, (v.) Limitations of classes of work to be carried out by male minors and/or female minors. (2.) The Juvenile Employment Bureau shall also have and exercise the following powers, authorities, and functions, namely :- (i.) To advise the Minister as to the character of any entrance examination or other examina- tion which may be prescribed for minors; (ii.) To advise the Minister on any matter involving or bearing upon any general principle of employment of minors; (iii.) To advise the Minister on such other matters as may from time to time be delegated to the Juvenile Employment Bureau by the Minister; (iv.) To submit recommendations to the Minister on any matter involving or relating to the employment of minors, including the provision of vocational guidance services. Group. 68. A Committee called the" Juvenile Employment COlIUIUttees. Group Committee" (herein referred to as "the Com- mittee") shall be constituted for each trade or calling or craft or occupation or industry or groups of trades or callings or crafts or occupations or industries to which this Part applies: Provided that any such Committee shall be appointed from time to time by the Minister on the recommendation of the Juvenile Employment Bureau. Members of 69. Each Committee shall consist of the following Oommittee. persons, namely :- (a) The chairman of the Juvenile Employment Bureau who shall act as chairman of the Committee;

1946. LABOUR. Labour and Industry Act. 171 PART VL- JUVENILE EMPLOYMENT! BURI;A,U. (b) Equal numbers of representatives appointed by the employers and industrial unions or unions of employees in the trade or calling or craft or occupation or industry or groups of trades or callings or crafts or occupations or industries. The number of such representatives on each Committee shall be determined by the Minister and shall be appointed and/or elected and appointed as prescribed; (c) Every member of a Committee (other than the chairman) shall- (i.) Be appointed for a term of not more than three years, and (ii.) Be eligible for reappointment; (d) Where a vacancy occurs (otherwise than by the retirement of a member on the expiration of his office) the person appointed to fill the same shall be entitled to hold office during the residue of the term of the member whose office he fills and no longer, but shall be eligible for reappointment; (e) In the absence of any representative the authority appointing him may in writing appoint a proxy with power to act and vote for such absent representative at any meeting or meetings of the Committee as may be required. 70 (l.) The powers, duties, functions, and Functions of authorities of a Committee shall be- Committee. (a) To aid and collaborate with the Juvenile Employment Bureau towards the effective attainment of the objects sought by this Part; (b) To make recommendations to the Juvenile Employment Bureau as to any trade or calling or craft or occupation or industry that it considers should be brought within the scope of this Part; (c) To make recommendations to the Juvenile Employment Bureau as to the grouping of any such trades or callings or crafts or occupa- tions or industries;

172 LABOUR. PART VI.- JUVENILE EMPLOYMFNT BUREAU. Labour' and Indttstry Act. 11 GEO. VI. No. 20, (d) To make recommendations to the Juvenile Employment Bureau in regard to examina- tions (if any) which shall be passed by minors and as to the granting -of certificates of competency; (e) To advise the Juvenile Employment Bureau concerning the educational facilities that should be provided to minors either during their period of registration and while not employed, or during their period of employ- ment; (f) To investigate anomalies in respect of" dead- end" employment and make recommenda- tions to the Juvenile Employment Bureau with a view to remedying such anomalies; (g) To advise and report concerning the propor- tionate number of minors to be employed by any employer in a trade or calling or craft or occupation or industry or section of a trade or calling or craft or occupation or industry within the scope of this Part (but excluding apprentices) ; (h) To advise on any matter or thing referred to it by the Minister or by the Juvenile Employ- ment Bureau. Further powers. (2.) The Committee may also make suggestions to the Juvenile Employment Bureau in respect of the following matters :- (a) The rates of pay (including overtime rates) to be paid to minors in each year of their employment; (b) Trades or callings or crafts or occupations or industries or sections of trades or callings or crafts or occupations or industries (if any) in which male minors should be employed exclusively; (c) In respect of minors, the proportionate number of female minors (if any) to male minors to be employed by any employer in a trade or calling or craft or occupation or industry or section of a trade or calling or craft or occupation or industry within the scope of this Part;

1946. LABOUR. Labour and Industry Act. 173 PART VI.- JUVENILE EMPLOYMENT BUREAU. (d) In respect of minors, the trades or callings or crafts or occupations or industries or sections of trades or callings or crafts or occupations or industries (if any) in which the younger minors should not be employed; (e) The establishment of suitable vocational classes for minors and all matters incidental thereto; (f) The instruction and training to be given to minors in the vocational classes. 71. The Juvenile Employment Bureau, with theEdu~ ation approval of the Minister, shall make all necessary arrange- of mmors. ments with the Department of Public Instruction whereby a minor may be enabled to attend any technical college, vocational classes, classes of instruction, or correspondence classes (if available) on such subjects as may be determined by the Minister on the recommenda- tion of the Juvenile Employment Bureau; and such educational facilities shall be provided accordingly. 72. A secretary to the Juvenile Employment Secretary. Bureau shall be appointed by the Minister. Such secretary may also act as secretary to a Committee or Committees, but the Minister may appoint any other person as secretary to any such Committee. 73. (1.) For the purposes of this Part any minor Registration seeking employment in respect of the trades or callings of minors. or crafts or occupations or industries to which this Part applies shall notify the secretary of the Juvenile Employ- ment Bureau in the form prescribed, who shall keep a register of such minors: Provided that any minor who lives in an area outside the area of the City of Brisbane may notify the secretary of the Committee, or, if no Committee is constituted for such area, the employment officer of the State Employment Exchange for such area, and such secretary or, as the case may be, the employment officer, shall inform the secretary of the Juvenile Employment Bureau, and the secretary shall include the name of such minor in the said register. (2.) The register shall be available to any employerReg.ister demespir I oouyseromf oabytaminaikneg atphpelisceartIv·Oicnestoofthae mseincorert, aarynd 0 fsuthche a 8o m v80 p 1 1l o ab ye le r. to Juvenile Employment Bureau accordingly.

174 PART VI.- JUVENILE EMPLOYMENT BUREAU. LABOUR. Labour and Industry Act. 11 GEO. VI. No. 20, Information 74. For the better and more effective administration t b o y be given of this Part, the Juvenile Employment Bureau may employers. require any employer conducting any trade or calling or craft or occupation or industry, and whether any trade, calling, craft, occupation, or industry to which this Part applies or not, to furnish it with any specified or prescribed information relating to such trade, calling, craft, occupation, or industry or relating to the employees engaged therein. Offences. 75. Any person who acts in contravention of or fails to comply with any provision of this Part shall be guilty of an offence and liable to a penalty not exceeding twenty pounds. Proceedings in respect of offences against this Part shall be by complaint and be heard and determined in a summary way by an industrial magistrate. Regulations. 76. (l.) The Governor in Council may from time to time make such regulations providing for all or any purposes whether generally or to meet particular cases as may be convenient for the administration of this Part or as may be necessary or expedient to carry out the objects and purposes of this Part. Without limiting the generality of the foregoing provisions such regulations may provide for all or any of the following matters :- (a) Prescribing the business and proceedings of the Juvenile Employment Bureau or any Committee: the meetings thereof, quorum, delegation of powers: duties of secretary or other officers: the keeping of proper minutes of meetings of the Juvenile Employment Bureau or Committee and the signing of documents; (b) Prescribing the method of giving or service of notices, orders, demands, or requirements by the Juvenile Employment Bureau, or Committee, or secretary, or authorised officer thereof; (c) The conduct by post or otherwise of the election from time to time of members of the Juvenile Employment Bureau or Committee: compilation and revision of rolls of persons

1946. LABOUR. Labour and Industry Act. 175 PART VI.- JUVENILE- EMPLOYMENT BUREAU. entitled to vote at elections, and making the list of electors conclusive evidence of the title to vote at such election; (d) The filling of casual vacancies in the Juvenile Employment Bureau or Committee: the appointment of a deputy or proxy to act for a member of the Juvenile Employment Bureau or Committee in the event of illness, absence, or other cause; (e) Prescribing forms of returns and statistics to be made and furnished to the Juvenile Employment Bureau and the contents thereof, and the persons by whom the same shall be made, and the time and mode of making and furnishing the same ; (j) All matters required or permitted by this Part to be prescribed ; (g) Generally to give effect to the objects and purposes of this Part. (2.) The regulations may fix a penalty not exceeding Penalties. in any case twenty pounds for any breach thereof. (3.) Any such regulations may be made on the Regulations passing of this Act. maybe made on passing of Act. PART VII.-GENERAL. PART VII.- GENERAL. 77. In addition to and without in any way limiting General the powers of the Governor in Council or the Minister powers. under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to safe- guard the requirements and well-being of the people and to give full effect to the provisions of this Act; and every such order, direction, and rule shall be obeyed. 78. (1.) For the purpose of making any inquiries, Power of m . ves t 1 ' 9a t' IOnS, reports, or 0 b serva ' tlOns necessary £ or iennstpreycatinodn. the proper carrying out of this Act, the Bureau of Industry or any member or members thereof, the Director or any officer of the Bureau, or a District Employment Board or any member or members thereof, the Juvenile Employment Bureau or any member or members thereof, or any person authorised in writing by the Minister, th~ Bureau of Industry, or the Director may, at any

176 PART VII.- GlIjNERAL. LABOUR. Labour and Industry Act. 11 GEO. VI. No. 20, time during working hours, enter any land, factory, mine, workshop, or place where persons are employed, and may inspect such land, factory, mine, workshop, or place or any part thereof, and all or any plant or machinery used in connection therewith and may make all such inquiries as are prescribed or authorised by this Act. Failure to furnish information. 79. Any person who- (a) Refuses or wilfully neglects to fill up or cause to be filled up a form prescribed or made available to him under this Act; (b) Inserts or permits to be inserted in such form any information known by him to be false; (c) Refuses or wilfully neglects, within the time prescribed, to return the form duly filled up to the Bureau or the Secretary, or to any person authorised by the Director to collect or receive the same ; (d) Hinders or obstructs the Bureau or any member thereof, or the Secretary, or any person acting under the authority of the Bureau or the Director, or a District Employ- ment Board or any member thereof in the execution of any power or duty conferred or imposed by this Act, shall be liable to a penalty not exceeding twenty pounds. Upon the conviction of any person for any offence against this section, the court shall order such person to furnish such form with the required information contained therein as may be required by this Act within a time to be specified in such order, and any person who fails or neglects to duly comply with such order shall be guilty of an offence, and shall be liable to a penalty of not less than five pounds nor more than fifty pounds. Offences against this Act. 80. (1.) Any person who by any act or default contravenes or fails to comply with any provision of this Act, or delays, or obstructs, or hinders the doing of any act required by this Act to be done, whether by himself or by any other person, or who aids, abets, counsels, or procures any other person to so contravene or fail to comply with any such provision, or who attempts in anywise so to do,shall be guilty of an offence against this Act.

1946. LABOUR. Labour alYld IlYIdustry Act. 177 PART VII.- GENERAL. Any person guilty of an offence against this Act shall, unless some other penalty is imposed in that behalf, be liable to a penalty of not less than one pound and not exceeding one hundred pounds. If such person is a company, the individual person guilty of the offence, and also the managing director or other manager in Queensland of the company who knowingly permits the commission of the offence, shall each of them be liable to the like punishment. (2.) Save as is by this Act otherwise expressly Recov~ry of provided, all offences against this Act shall be heard and penaltIes. determined, and all penalties (including any costs and expenses ordered by the court to be paid to the Bureau pursuant to this Act) shall be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1946." (3.) Any member of the Police Force or the Institution Secretary, or any other person authorised under the ~ ! oceedin hand of the Director, may institute proceedings under gs. this Act. Any person who lays any complaint for an offence against this Act shall in the absence of evidence to the contrary be deemed to have been authorised under this Act to lay such complaint. The production of a telegram purporting to have been received from the Secretary of the Bureau, and purporting to authorise any person to institute any prosecution for an offence under this Act or any proceed- ings, shall be admissible as evidence on the prosecution or proceedings, and shall be accepted as evidence of the authority of the officer to institute the prosecution or proceedings. All proceedings for such offences may be commenced at any time within ninety days after the fact of the commission of such offence came to the knowledge of the complainant or the Bureau. SI. (1.) For the purposes of this Act a form shall Evidence. be deemed to have been lawfully delivered when- (a) Served directly upon the person to whom it is addressed by any person authorised by the Bureau or Secretary; or (b) Left at or forwarded by post to the usual or last-known place of abode of such person. * 50 V. No. 17 and amending Acts.

178 LABOUR. PART VII.- - - - - - - - - - - - - - - - - - - - - - - - GENERAL. Labour and Ind1lstry Act. 11 GEO. VI. No. 20, (2.) In any prosecution under this Act- (a) It shall be incumbent upon any person charged with refusing or wilfully neglecting to return a form prescribed or delivered to h:'m as aforesaid to prove that he, within the prescribed time- (i.) Delivered such form duly filled up as prescribed to the Secretary or to some person authorised by the Bureau to collect or receive the same, or (ii.) Deposited or caused to be deposited in some post office such form addressed to the Secretary or authorised person; (b) The production of a certificate under the hand of the Secretary or authorised officer- (i.) Stating the date and contents of any letter addressed to the defendant, and the date upon which it was lawfully delivered, shall be prima facie evidence of the contents of such letter and the delivery thereof to the defendant, (ii.) Stating that any notice, form, or other document was duly made available or delivered to the defendant shall be prima facie evidence of the making available or delivery thereof to the defendant; (c) Any certificate, notice, or other document bearing the written, stamped, or printed signature of the Director or Secretary shall, until the contrary is proved, be deemed to have been duly signed by the Director or Secretary. Judicial notice shall be taken of every such signature and of the facts that the person whose signature it purports to be holds or has held the office of Director or Secretary; (d) The production of the Gazette containing any notice purporting to be published by the Secretary or any form prescribed under this Act shall be conclusive evidence of such notice, form, or publication and of the contents thereof.

1946. LABOUR. Labour and Industry Act. 179 PART VII.- GENERAL. 82. (1.) The Governor in Council may from time Regulations. to time make such regulations providing for all or any purposes, whether general or to meet particular cases, as may be convenient for the administration of this Act, or as may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:- (a) Prescribing the functions, duties, powers, Business. business, and proceedings of the Bureau or of any committee thereof, or of any District Employment Board, the meetings thereof, the quorum, the delegation of powers, the duties of secretary or other officers, and the keeping of proper minutes of meetings of the Bureau, committee, or District Employment Board, and the signing of documents and use of the official seal; (b) Prescribing the method of giving or service Notices. , of notices, orders, demands, or requirements by the Bureau, or any member, or Director or Secretary or any authorised officer thereof; (c) Making all necessary provision for and regula- Elections of ting the conduct by post or otherwise of the members. election from time to time of members, other than ex officio members, of the Bureau or members of District Employment Board; compilation and revision of rolls of persons entitled to vote at elections; method of determining the qualification of voters, making the list of electors conclusive evidence of the title to vote at any such election; settlement of disputed elections or questions arising out of or in connection with any election or poll and the tenure of office of such members; - the filling of casual vacancies therein arising from death, retirement, or resignation; the appointment of a deputy to act for any member in the event of illness, absence, or other cause; (d) The fees, allowances, and travelling expenses Fees, allow- which may be paid to members of the Bureau ances, &c. or any District Employment Board;

180 PART VII.- GENERAL. LABOUR. Labour and Industry Act. 11 GEO. VI. No. 20, 1946. Returns. (e) Prescribing forms of returns and statistics to be made and furnished to the Bureau and the contents thereof, and the persons by whom the same shall be made and the time and mode of making and furnishing the same; (f) Provisions relating to secrecy in respect of trade secrets or the financial position of any person, or the contents of any books or documents produced before the Bureau, or other provisions as to secrecy as may be prescribed; (g) Prescribing the terms, conditions, provisions, stipulations, and covenants to be inserted or contained in any mortgage, debenture, or other security under this Act, and the form of any such mortgage, debenture, or other security, the issue of debentures; also establishment of and provisions as to sinking funds; (h) Prescribing the terms, conditions, provisions, stipulations, and covenants to be inserte~ or contained in any contract or agreement made under this Act, and the mode of proof by any party thereto of his observance thereof; (i) The constitution of a Bureau of Industry Fund and the management, control, and audit of such Fund; General. (j) All matters required or permitted by this Act to be prescribed ; (k) Generally to give effect to the objects and purposes of this Act. Penalties. (2.) The regulations may fix a penalty, not exceeding in any case twenty pounds, for any breach thereof. Regulations (3.) Any such regulations may be made on the mmaadyeboen the passm . g 0 f th I ' S Act. passing of this Act. Regulations (4.) All Orders in Council and regulations made or ianndCoOurndceirl. s purporting to have been made under this Act, upon being published in the Gazette, shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever.

LABOUR. 11 GEO. VI. No. 14,1946. Workers' Compensation, Etc., Act. 181 PART VII.- GENERAL. Such Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commence- ment of the next session. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. An Act to Amend" The Workers' Compensation Acts, l1N~ ~ oi4: I. 1916 to 1944," in a certain particular. , [ASSENTED TO 20TH DECEMBER, 1946.] WOi~ RS' COMPENSATION ACTS AMENDMENT ACT OF 1946. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Workers' Short title Compensation Acts Amendment Act of 1946," a?d shall : ~ ~struction. be read as one with *" The Workers' Compensatwn Acts, 1916 to 1944," herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively C.ollective be cited as " The Workers' Compensation Acts, 1916 tItle. to 1946." Amendment of the Principal Act. 2. Paragraph (i.a) of provision (B) of subsection Amendment two of section 14B of the Principal Act is amended by of s. 14B. repealing the words "five shillings" and by inserting the words "twelve shillings and six pence" in lieu thereof. * 6 G. 5 No. 35 and amending Acts.