The Early Closing Act 1911 (SA)

ANNO SECUNDO

GEORGII V REGIS.

A.D. 1911.

No. 1062.

An Act to consolidate and amend the Law as to the

Closing Times of Shops.

[ A ssen ted to, December zyd, 1911 .l

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

PART I.

PRXLIMINARY.

1, This Act may be cited as " The Early Closing Act, 1911." short title.

2, (1) This Act shall come into operation in the Metropolitan Dateof operation.

Shopping District, and in the Murray Bridge Shopping District, on the first day of February, one thousand nine hundred and twelve.

A-1062

(2) This Act shall come into operation in any other Shopping District in the manner prescribed by Part IT., and on a date to be declared under the provisions of that Part: Provided that Part II., and such other provisions of this Act as may be necessary for the purposes of that Part or are applicable to such purposes, shall come into operation throughout the said State on the first day of February, one thousand nine hundred and twelve.

3. The provisions of this Act are arranged as follows:- Arrangement of A O ~.

PART I. -- Preliminary.

PART I I.- Shopping Districts, and Determination of Day

for Half-Holiday.

PART	1v.-Registration	of Shops.
I,

- 2C GEORGII V, No. 1062.

irhe Early Closing Act.-191 I .

PART I, PART V.-Provisions as to Closing Times and Working ..

Hours.

DIVISION I.-The Closing 'rimes:

DIVISION 11.-Compulso~y Closing:

. DIVISION 111.-Half-Holidays in Exempted Shops

D r v r s ~ o ~ 1v.-How a Class of Shops may Cease to be

Exempted:

DIVI SION v.-Limitation of Working Hours of Young

Persons.

PART VI.-Legal Procedure.

Interpretation. 4, In this Act, unless inconsistent with the context or some other

meaning is clearly intended,-

" Chief Inspector " means the Chief Inspector of Shops:

Closing time " means the closing time of the shop, for the par-

ticular day, as provided by this Act:

Comes into operation" means comes into operation in the par-

ticular Shopping District:

Compulsory half-holiday " means the compulsory weekly half- holiday for shops in the particular Shopping District, as provided or declared by or under this ,4ct:

Election " means an election of Members or a R1 ember to serve

in the House of Assembly:

Elector " means a person who, at the time, is entitled to vote at

an election:

G Electoral District " means an Electoral District for the election

of Members or a Member to serve in the House of Assembly:

Exempted goods " means goods which, as regards a shop of a

ci. E.C. A C ~, 1900,

S. 2. class mentioned in the First Schedule--

(a) Strictly pertain to the principal business carried on

in such shop; and

( b ) Are declared by regulation to be exempted goods

as regards shops of that class:

Exempted shop," subject to subsection (2) of section 5, means

a shop of a class mentioned in the First Schedule:

Gazette " means The South Australian Government Gazette:

d 4 General Election " means a Parliamentary General Election for

the election, pursuant to writs issued on the dissolution or

expiry of the House of Assembly, of Members to serve in the

said ~ o u s e :

G Inspector "

2' GEORGII V, No. 1062.

The Early Closirtg Act.-191 1.

l'*n' l -

" Inspector " means an Inspector of Shops appointed under this

Act, and includes the C'hief Inspector:

" Justice " means Justice of the Peace for the State:

" Minister " means the Minister of the Crown to whom, for the

time being, the administration of this Act is committed bp

the Governor:

Prescribed " means prescribed by this Act or by regulation:

" Proclamation " means Proclamation by the Governor published

in-

( a ) The	Gazette, and	E.C. A C ~,	1900,
S. 2.

( b ) Two newspapers circulating in the Shopping District

or Districts:

" Quorum of the electors" means at least five hundred or one- Licensing A C ~, 1908,

tenth, whichever is the smaller number, of the electors: a. 178 (2).

" Registrar " means Registrar of Shops appointed under this Act:

'' Regulation " means regulation made under this Act:

" Saturday Closing District " means a Shopping District in which

the compulsory half-holiday is Saturday:

" Shop " means and includes-	E.C. A C ~,
S. 2, altered.

1900,

(a) The whole or any portion of a building, stall, tent, vehicle, platform, ship, boat, or pack, or any place whatsoever, in which goods are offered or exposed for sale; and

( b ) A building or place in which the business of a hairdresser,

of a pawnbroker, or of an undertaker is carried on;

but, as regards a vendor of newspapers, does not include a public street or way, or any part thereof, where he sells news-

from or exposed for sale in or on any building, stall, tent,	papers: Provided that such newspapers are not sold in or
vehicle, or platform:

" Shop assistant " means and includes- cf. N.S.W. A C ~, No. 38 of 1899, S. 21.

I. A person employed in or about a shop, whether for hire or

reward or not -

(a) I n selling or supplying, or assisting in selling or

supplying, goods to the public; or

( b ) As a clerk; or

(c) As a messenger; and

11. A person engaged in delivering goods from a shop:

Shopkeeper " means the person, firm, company, corporate body, cf. EX. ~ c t, 1900,

a. 2 and

or association who or which, directly or indirectly, as d. dct, L ~ O I, ~.	2.
principal occupies a shop, and includes a hawker, and also includes a person who manages a shop or acts, or apparently acts, in the general management or contrd of a shop:

" Shopping

2' GEORGII V, No. 1062.

The Early Closing Act.-1911.

-- --

PABT I. "Shopping District " means a Shopping District constituted by

or under this Act:

The Court " means the Special Magistrate or Justicee by

whom an information for an offence is heard:

The State " means the State of South Australia:

" This Act " includes regulations made under this Act,:

Week day " does not include Sunday.

what provisionsapply 5, (1) Part 11, so far as it deals with the determination or change

exemptea of the day for the compulsory half-holiday, and Divisions I. and 11.

cf. E.G. Act, 1901,

8. 0.

of Part V., do not apply to or in respect of exempted shops, but the

other provisions of this Act apply to and in respect of such shops.

(2). If in any exempted shop any article, not being within the meanlng of exempted goods " (as defined by section 4) as regards

shops of the class to which such shop belongs, is on any day sold or offered or exposed for sale after the closing time for that day of shops other than exempted shops, such shop shall not be an exempted shop on that day, and Divi~ions I. and 11. of Part V. shall apply to and in respect of such shop on that day, and with respect to all things done, suffered, permitted, or omitted in or connection with sucKshop on that day.-

Suspension of opera-	6,	(1) The Governor may by Proclamation temporarily suspend
tion of Act as to

closing times.	the operation of this Act in so far as it applies to the closing times
E.C. Amendt. Act,	for shops.
1901, 8. 13.

(2) Such suspension shall-.

(a) Apply to the whole of the State or to such Shopping Dis-

trict or Districts as are specified in the Proclamation:

( h ) Be in respect of all shops or of shops of such class or classes as are so specified; and

(c) Be absolute or only upon certain conditions so specified.

(3) The period of such suspension shall be set out in the Proclamation, and shall in no case exceed one week.

flours of the clock. 7, The hours b y the clock mentioned in this Act refer to hours post meridiem.

Penalties. 8. Where a penalty or term of imprisonment is stated in, or

at the foot of, any section or subsection of this Act any contra- vention of such section or subsection, whether by act or omission, shall be an offence against this Act, punishable upon conviction by a penalty, or a term of imprisonment, with or without hard labor, not exceeding that so stated.

9, (1) The Acts mentioned in the Second Schedule shall be

repealed as regards any Shopping District upon the coming into operation of this Act in such District. ( 2 ) such

2" GEORGII V, No. 1062.

The Early Cbsing Act.-191 1.

- -

(2) Such repeal shall not affect any right, interest, obligation, liability, or penalty already created, existing, incurred, imposed, or liable to be imposed, nor anything done or suffered, nor the effect of the doing, suffering, or omitting of anything before this Act comes into operation.	PART r.
(3) A proceeding in reepect of such right, interest, obligation, liability, or penalty may be commenced or carried on as if such repeal had not taken place.
(4) All officers appointed nnder the said Acts and in office when this Act comes into operation shall be deemed duly appointed nnder this Act,

-

PART 11.

SHOPPING DISTRICTS AND DETERMINATION OF

DAY FOR HALF-HOLIDAY.

10. ( I ) The present Electoral Districts of Adelaide, Torrens, and Continunnm of existing Districts.

Port Adelaide are hereby constituted a Shopping District under E.C. Act,.1800,	3.
this Act, under the name of' the " Metropolitan Shopping District."

(2) I'he Hundreds of Burdett and Mobilong are hereby con- Proclamation in Gaeetta, August lst,

stituted a Shopping District under this Act, under the name of the 1901.

'' Murray Bridge Shopping District."

11, (1) 'l'he compulsory weekly half-holiday for shops in the ~ ~ l f - h o l i d a y s in

Metropolitan Shopping District shall be Saturday.	exieting Districts.
(2) The compulsory weekly half-holiday for shops in the Murray Bridge Shopping District shall, subject to sections 23 to 29 in- clusive, be Wednesday.

12. (1) A petition may be presented to the Minister praying Petition Constitution for of a

that the area therein defined may be constituted a Shopping District	Dietrict.
under this Act: Provided that such area shall not include any glace within the Metropolitan Shopping Liistrict or within the

Murray Bridge Shoppi11 g District.

(2) Such petition shall-

(a) Be in the prescribed form;

( b ) Be signed by a quorum of the electors residing in the

proposed District;

( c ) Define the boundaries of the proposed District; and

(d) State what weekday it is desired shall be the compulsory

half-holiday.

13. (1) Upon the presentation of a petition complying with sub- Petition to be referred to Returning Ofeccr

divisions (a): (c), and (d) of subsection (2) of section 1'2, the Minister f,examine.tion.

shall refer the same to the Returning Officer for the State, who licendngact,

shall examine the signatures thereto, 1008, e; 179.

( 2 ) If

6 2' GEORGII V, No. 1062.

Tl~e Early C l o s i q Act. - - 191 1.

- - - - -.

-- -- --

PART 1 1.

-. (2) If the said Returning Officer is of opinion that the petition has been duly signed as required b y section 1'2, he shall certify to the Minister in writing that it has been so signed.

Minister to publish	14.	If the Returning Officer certifies as mentioned in section 13,
date for

cowter-petition.

the Minister shall pul;lish in the Gazette and in two newspape~s

circulating in the proposed District-

l	(a) The Returning Officer's certificate, and
( b ) A notice in the prescribed form, fixing a time, being not less

than one month from the date of the latest of such publi- cations, within which a counter-petition praying that the proposed District be not constituted, or that a weekday other than the day stated in the petition shall be the com- pulsory half.holiday therein, may he presented to the Minister.

Provisione aa to 15. (1) A counter-petition, as mentioned in section 14, sigued

counter-petition.	by a quorum of the electors residing in the proposed District and in the prescribed form, may be presented to the Minister within the time fixed under that section.
(2) Any such counter-petition so presented shall be referred by the Minister to the Returning Officer for the State, who shall examine the signatures thereto, and certify to the Minister in writing the number of electors residing in the proposed District who have signed such counter-petition,
(3) The Returning Officer's certificate shall be published by the Minister in the Gazette.

If suficient counter-

petition not presented 16. Unless within the time fixed under section 14 there is duly

Diettict may brj	presented to the Minister such a counter-petition as mentioned in
proclaimed.	that section in the prescribed form and signed by a larger number of electors residing in the proposed I)istrict than the number who signed the petition, the Governor mav by Proclamation constitute
the proposed District a Shopping ~ i s t i i c t under this Act and assign
a name thereto and declare--

I. That in such Shopping District the compulsory half-holiday

shall be the day specified in the petition; and

11. The date upon which this Act shall come into operation in such Shopping District, which shall not be earlier than one month from the date of the publication of the Gazette containing such Proclamation;

and such Shopping District shall be duly constituted as from such date, and the compulsory half-holiday therein shall be the day declared by such Proclamation; and this Act shall come into opera- tion in such District on the date so declared.

~f countsr-petition 17. If within the time fixed under section 14 there is duly pre-

h

il.ed for pll. sented to the Minister such a counter-petition as mentioned in that

section

2' GEORGII V, No. 1062. 7

The Early Closing Act.-191 1.

section, in the prescribed form and signed by a larger number of	PART	11.
electors residing in the proposed District than the number who signed the petition, the Minister shall publish in the Gazttte and in two newspapers circulating in the proposed District a notice, in the prescribed form, fixing a date for the taking of a poll or polls of electors as provided by section 18.

18. (1) On the date fixed by the notice under section 17 a poll pmv,iona tothe

shall be taken by ballot for the purpose of' determining the questions poll.

in issue: Provided that if for any reason a poll is not taken on the

date so fixed such poll shall be taken on a subsequent date, of

which not less than seven days' notice is given by the Minister

by notice published in the Gazette and in two newspapers cjrcu-

lating in the proposed District.

(2) If the proposed District comprises areas situated in more than one Electoral District, a separate poll shall be taken for each of the Electora.1 Districts, or parts of Electoral Districts, comprised in the proposed District.

(3) Subject to anything prescribed, a poll taken under this section and the proceedings incident a1 thereto or connected therewith-

r. Shall be conducted by the Returning Officer and the other

officers whose duty it would be to conduct the poll at an election if taken at the same time and to conduct the pro- ceedings incidental to or connected with the poll at such election:

1 1. Shall be held at such of the polling and other placen, where

the poll at such an election and the proceedings incidental thereto or connected therewith \vould be held if an election took place at the same time, as are situated within the proposed District: Provided that if there are no such places so situated the poll and other proceedings shall be

held at such places as the Returning Officer determines by notice published in the Gazette and two newspapers circulating in the proposed District:

111. Shall be conducted, mutatis mutandis, in the manner in

which the poll at an election is by law required to be

conducted.

(4) The persons entitled to vote at such a poll shall be the electors who reside within the proposed Shopping District, or, in case there are separate polls, as provided by subsection (2) hereof, such of the said electors as reeide in the Electoral District for which, or for part of which, the poll is taken.

(5) The questions to be submitted to the electors at a poll taken under this section shall be as follows:-

( a ) If the counter-petition prays that the proposed District be not constituted, the question shall be-whether or not the proposed District shall be constituted:

(4 If

2" GEORGII V, No. 1062.

The Early Closing Act.-191 l.

( b ) If

the counter-petition or counter-petitions is or are as to the

day for the compulsory half-holiday, the question shall be-

which of the days stated in the petition and the counter-

petition or counter-petitions respectively shall be the com-

pulsory half-holiday in the proposed District:

( c ) If

there is such a counter-petition as mentioned in subdivision (a) hereof, and also such a counter-petition or such counter- petitions as mentioned in subdivision ( b ) hereof, the questions shall be those mentioned in the said subdivisions (a) and ( h ) respectively.

Certificate of result of 19. (1) As soon as practicable after the declaration of the result

poll.

or results of a poll taken under section 18, the Xeturning Officer shall state the result or results thereof in a certificate in the pre- scribed form, and shall forward such certificate to the Minister.

('L) If the proposed Shopping District comprises areas within more than one Electoral District, the Minister shall ascertain from the certificates as to the several polls so forwarded to him the aggregate result or results thereof, the several polls being treated as one for the purpose of this subsection, and shall state the aggregate result or results in a certificate in the prescribed form.

(3) The Returning Officer's certificate, or in such a case as

mentioned in subsection (2) hereof the Minister's certificate, shall

be published by the Minister in the Gazette.

Shopping Dielrict to

20, (1) If the question whether a proposed Shopping District lb, and the result of the poll as certified by the Returning Officer, or, in such a case as mentioned in subsection (2) of section 19, if the aggregate result of the polls as certified by the Minister, shows that a majority of the formal votes given were in favor of the pro-

be declared or not,

according to result of

shall be constituted is in issue at a poll or polls taken under section

poll.

posed Shopping Ilistrict being constituted, then, when the certifi- cate of the result or aggregate result has been published as required

by ~ection 19, the Governor may by Proclamation constitute the proposed District a Shopping District under this Act, and assign a name thereto and declare-

r. What day shall be the compulsory half-holiday in such Shop-

ping District, which shall be determined in accordance

with section 21, and

11. The date upon which this Act shall come into operation in

such Shopping District, which shall not be earlier than one month from the date of the publication of the Gazette con- taining such Proclamation,

and such Shopping District shall be duly constituted as from such date, and the compulsory half-holiday therein shall be the day declared by such Proclamation, and this Act shall come into operation in such District on the date so declared.

2" GEORGII V, No. 1062.

The Early CEosing Act.-1 91 1.

('L) If the only question in issue at such poll or polls is what day shall be the compulsory half-holiday, then, when the certificate of the result or aggregate result has been published, as required by section 19, the Governor may make and publish such a Proclamation as mentioned in subsection ( l ) hereof, and the same consequences

shall follow as from the rnak'iiig and filblishiq of a	Proclamation
under the said subsection.

(3) If the question mentioned in subsection (1) hereof is in

issue at, such poll or polls, and the result of the poll, or the aggregate

result of the polls, as certified under section 19 is not as mentioned in subsectionA(l) hereof, the proposed Shopping District shall not be constituted, and no further petition in that behalf shall be presented within three years of the presentation of the petition upon which the poll or polls were taken.

21. (1) If the question of the day for the compulsory half- holiday in a proposed Shopping District is in issue at ct poll or polls	holiday determined
How day for half -
s poll is held.
taken under section 18, that question shall be determined in fttvor of the day in favor of which, as shown by the certificate of the Returning Officer or of the Minister (as the case may be), under section 19, the largest number of formal votes is given at such poll or polls.

(2) If the only question in issue at such poll or polls is whether or

not the proposed Shopping District shall be constituted, the com- pulsory half-holiday, if the District becomes constituted, shall be the day stated in the petition.

22. When a person has signed a petition under section 12 as to petition under section Person eigning a

a proposed Shopping District, he shall not thereby be disqualified	11 may eign counter-
to sign a counter-petition praying that a day other than the day	petition as to half-
boliday.
stated in such petition shall be the compulsory half-holiday in such

District.

Change of B o y for Ha!f:HoEiday.

23. (1) A petition may be presented to the JIinistcr praying Petition for change of

that the compulsory weekly half-holiday for shops in a Shopping	day forhalf-holiday.
District, other than the h1 etropolitan Shopping District, be changed to the week day specified in such petition.

(2) Such petition-

(a ) Shall be in the prescribed form;

( b ) Shall be signed by a quorum of the electors residing in

such district; and

(c)

Shall not be presented-

I. Earlier than six months before a General Election to be

held after the expiration of three years from the coming into operation of this Act in such District, or to be held after the expiration of three years from the next preceding change of half-holiday in such District under this Part, nor

11. Later than four months before such General Election.

2" GEORGII V, No. 1062.

The Early Cbsing Act.-1911.

PART 11. 24. (1) Upon the presentation of n petition under section 23 the

Petitiontoberefer& Minister shall refer the petition to the Returning Officer for the

to Returning Officer

State, who shall examine the signatures thereto.

for examination.

(2) If the Returning Officer is of opinion that the petition has

been duly signed as required by section 23, he shall certify to the

Ninister in writing that it has been so signed.

Minister to publish

date for counter- 25, If the Returning Officer certifies as nlentioned in section 24,

petition.

the Minister shall publiwh in the Gazette and in two newspapers

circulating in the Shopping District-

(a) The Returning Officer's certificate, and

( b ) A notice in the prescribed form fixing a time, being not

later than two months before the said General Election, within which a counter-petition praying that the half- holiday be not changed may be presented.

If no counter-petition

half-holiday to be 26. (1) Unless within the time fixed under section 25 there is

changed.

presented to the Minister such a connter-petition as mentioned in section 25, in the prescribed form and signed by as large a number of electors residing in the Shopping District as the number who signed the petition, the compulsory half-holiday shall be changed as prayed by the petition.

(2) Such change shall come into force on a date, to be declared

by the Minister, by notice in the prescribed form publishcd in the

Gazette and in two newspapers circulating in the Shopping District.

(3) Such date shall be not earlier than fourteen days from the date of the publication of the Gazette containing such notice.

Counter-petition to	27.	The ~ro\.ision	of section 15, mutatis mutu7zdis. shall apl~ly	to
be referred to Return.

ing Officcr.	and in respect of L? counter-petition under section 26 and the
Poll on question of
Returning Officer's certificate with regard thereto.

change of half - 28, (1) If within the time fixed under section 25 there is duly

holiday.	presented to the Minister a counter-petition in the prescribed form signed by as large a number of electors residing in the Shopping District as the number who signed the petition, then at the said General Election a poll or polls shall be taken by ballot for the purpose of determining whether or not the change prayed for in the petition shall take place.
(2) Subject to anything prescribed in that behalf, the provisions of sections 18 and 19, mutatis mutandis, shall apply to and in respect of such poll or polls and the proceedings incidental thereto, con- nected therewith, and consequent thereon,
if majority of votes

Change take place 29, (1) If the result of the poll or polls taken under section 28,

pre in favorthereof. as certified in the manner provided by section 19 (mutalis mutundis), shows that a majority of the formal votes were given in favor of the change prayed for in the petition, the compulsory weekly half-

holiday

2' GEORGII V, NO. 1062. - ---

The Early Closing Act.-1911.

P ~ m Ir.

holiday in the Shopping District shall be changed accordingly, but otherwise it shall continue as before until changed after a petition under section 23.

(2) If a change is to take place as provided by subsection (1) the

provisions of subsections (2) and (3) of section 26 shall apply in

respect thereof.

PART 111. YABT 1x1.

30. The Governor shall appoint a Registrar of Shops for each Registrars of shops.

Shopping District: Provided that- New.

I. The Chief Inspector shall be the Registrar for the Metropolitan Shopping District until some (if any) other person is appointed to be such Registrar; and

11. Any Inspector may be appointed to the office of Registrar for

a Shopping District.

31, (1) The Chief Inspector of Factories, appointed under " The Inspectors.

Factories Act, 1907," shall be Chief Inspector of Shops.	NO. 946 of 1907.
(2) The Governor may appoint so many Inspectors of Shops as he deems necessary.

32. (1) Every inspector and every member of the Police Force Powersof inspectors.

may-	N.S.W. A C ~	38, 1899,
a. 13.

(a) Enter, inspect, and examine-

I. Any shop at any time when he has reasonable cause to believe that any person is employed therein:

11. At all reasonable times any place which he has

reasonable cause to believe to be a shop; and

( b ) Question with respect to matters under this Act any person

found therein.

( 2 ) No person shall be bound to answer a question on such an occasion if the answer might incriminate him.

33, No person shall- Penalty for o b s t ~ c - tion, &c.

( a ) Obstruct or interfere with or wilfully delay an inspector or Cf.

a member of the Police Force in the execution of any 1907, ,	27.	.	,
of his duties or powers under this Act;

( b ) Subject to subsection ( 2 ) of section 32, omit to truly

answer or reply to a question asked by an inspector or a member of the Police Force under the authority of

section 32; or

(C) Directly

' 2 GEORGII V, No. 1062.

The Early Closing Act.-1911.

- - - - - -- - - - - - - - - - -

(c) Directly or indirectly prevent or dissuade, or attempt to prevent or dissuade, any person from appealing before or being questioned by an illspector or a member of the Police Force acting under the authority of section 32.

Penalty-Five Pounds.

PART IV.

REGISTRATION OF SHOPS.

Registration of shop. 34. (1) Every person-

New. (U) Who is in occupation of a shop when this Act comes into

Cf. Factories Aot,	operation (whether such shop is registered under the
1907, S. 13.	Acts hereby repealed or not); or

(b) Who, after this Act comes into operation, goes into occupa-

tion of a shop; or

(c) Who is in occupation of a building or place when it becomes

a shop, or when, after a period of disuse, i t again

becomes a shop,

shall apply to have such shop registered.

(2) Application for registration shall be made-

(a) I n the prescribed manner; and

( b ) Within the times following :-

I. Under subdivision (a) of subsection (l), within

three months after this Act comes into operation:

Ir. Under subdivision (b) of the said subsection, within

twenty-one days after such going into occupation.

111. Under subdivision (c) of the said subsection, within

twenty-one days after such building or place

becomes or again becomes a shop.

35. Registration shall be effected by the Registrar entering the

prescribed particulars in a register to be kept by him.

Shops not to be 36, No person shall occupy or use any shop after the expiration

occupied until

regietered.

of the time applicable to the particular case, as prescribed by sub-

New.

section (2) of section 34, unless such shop is duly registered under

this Act.

Penalty-Two Pounds for every day during which the unregistered

shop is occupied or used.

PART

2" GEORGII V, No. 1062.

The Early Closing Act.-191 l.

PART V. PART v.

PROVISIONS AS TO CLOSING TIMES AND

WORKING HOURS.

37. The closing times in every week for all shops shall be as ordinary o l d g times.

follows :- Cf. E.C. Act, 1900.

( a ) In a Saturday Closing District- 8. 7.

Six o'clock on Monday, Tuesday, Wednesday, and Thursday.

Nine o'clock on Friday:

One o'clock on Saturday,

( b ) In a Shopping District other than a Saturday Closing

District-

One o'clock on the compulsory meekly half-holiday:

Nine o'clock on Saturday:

Six o'clock on every other weekday.

38. Whenever a public holiday occurs the following alterations Alteration of c l k ~

in the closing times shall apply in the case of every shopkeeper holids180ccur. times, when public

who, on such holiday, keeps his shop closed and fastened against B	. c .A ct,	1801,	10,
the admission of the public, and does not require or permit or suffer any shop assistant to work for hitn either in or about such shop or elsewhere, or to remain in or about the business portion of such shop, namely :-

A. In a Saturday Closing District-	&tuds~
Dietriot. Cloldng

I. When such holiday is kept on a Monday-

(a) The compulsory half-holiday need not be kept or

( b ) The closing times in such preceding week may, at the allowed in the preceding week, and option of the shopkeeper, be altered to-

Six o'clock on the Saturday; or

Six o'clock on the Friday and nine o'clock on

the Saturday,

but on other days shall remain as provided by

section 37.

I I. When such holiday is kept on a weekday other than Monday-

(U) The compulsory half-holiday need not be kept or

allowed in the week in which such holiday is kept,

and

( b ) The closing times in such week may, at the option of

the shopkeeper, be altered to- N ine

14 2" GEORGII V, No. 1062.

The Early Closing Act .-l 9 1 1.

Nine o'clock on the day immediately preceding such holiday, and six o'clock on the Friday and the Saturday; or

Six o'clock on the Friday and nine o'clock on

the Saturday,

but on other days shall remain as provided by

section 37.

Other districts . B. In a Shopping District other than a Saturday Closing District- (a) The compulsory half-holiday need not be kept or allowed

in the week in which such holiday is kept;

( b ) When such holiday is kept on a Monday the closing time

on the usual day for the compulsory half-holiday in the same week shall be six o'clock, but on other days shall remain as provided by section 37 ; and

(c) When such holiday is kept on a day other than a Monday

the closing times in such week may, at the option of

such shopkeeper, be altered to-

Nine o'clock on the day immediately preceding such holiday, and six o'clock on the usual day for the compulsory half-holiday and on the Saturday; or

Six o'clock on the usual day for the compulsory half-

holiday,

but on other days shall remain as provided by section 37.

Shops to be c l o d at 39. Every shopkeeper shall, on each day, close and fasten

oloaing time. his shop at the closing time, and keep the same closed and fastened

Cf. E.C. Act, 1901,

a. 12.	against the admission of the public for the remainder of the day, and, in case such day is a Saturday, shall keep the same so closed
and fastened until the following Monday morning.
Penalty-For first offence, Ten Pounds; for any subsequent offence,
Twenty-five Pounds.

Ooode not to be Sold 40. (1) Subject to section 43, no shopkeeper shall, on any day

after closing time.	after closing time, in, about, or from any shop, sell any goods or
Cf. E.C. Act, 1901,
S. 12.	offer or expose any goods for sale.
Penalty--For first offence, Ten Pounds; for any subsequent offence
Twenty-five Pounds.

Goods exposed in (2) While a shop is closed in accordance with section 39, goods

window.

exposed in a window thereof, and the only access to which goods is

New.

from the inside of the shop, shall not, for the purposes of this

section, be deemed to be exposed for sale.

Alsiatsntu to be 41. Every shopkeeper shall, on the compulsory half-holiday in

rllowd half -holiday.

Cf. E.C. Aot. 1901, every week, allow such half-holiday from one o'clock to each shop

a. 12. assistant

2' GEORGII V, No. 1062.

The Early Closing Act.--1911.

assistant employed in or about or engaged in connection with the PART v.

s h o ~. DIVISION 11.

Penalty-For first offence, Ten Pounds: for any subsequent offence,

Twenty-five Pounds.

42, NO shopkeeper shall- Aesistant not to be required to work or

(a) Require or, subject to sectio~l 43, permit or suffer any shop remain after fixml time.

assistant tr, work for him, either in or about the shop	E.C.	140tl 1901,s. 12.
or elsewhere, after the closing time on any day:

Cf. E.C. Act, 1900,

( b ) Require or permit or suffer any shop assistant to be or s. 13; and E.C.Act,	remain in or about the business portion of the shop after 1901, S. 7.
thirty minutes after the closing time on any day when the closing time is one o'clock, or after twenty minutes after the closing time on any other day.

Penalty-For first offence, 'l'en Pounds; for any subsequent offence,

'l'wenty-five Pounds.

43, Notwithstanding auythiug in this Act, on a day when the Quarter hour's grace for certain purposes

closing time is one o'clock, it shall be lawful for a shopkeeper onhdf-holiday.

or shop assistant to be engaged between that hour and quarter past Ibid.

one o'clock in-

I. Serving customers actually inside the shop at one o'clock; or

11. Adjusting goods in the shop; or

111. Closing the shop.

44, No shop assistant shall- .r Restrictions upon assistant?.

(a) Work for his employer, either in or about the shop or New.

elsewhere, after the closing time on any day, except

when and as allowed by section 43 ; or

( b ) Be or remain in or about the business portion of the shop after thirty minutes after the closing time on any day when the closing time is one o'clock, or after twenty minutes after the closing time on any other day.

Penal ty-Two Pounds. I

45, (1) The Minister may, on production of satisfactory evi- operation Power suspend of sections

dence of the necessity therefor, by notice signed by him, suspend the 42 and 44.

operation of sections 42 and 44-

(a) As regards any shop; or

(6) As regards all shops of a particular class situated in any

particular Shopping District.

(2) No such suspension shall have any effect for a longer period than six days.

(3) Every

' 2 GEORGII V, No. ~ 0 6 2.

The Early Closing Act.-191 1.

PART v. (3) Every such suspension shall be sub.iect to such, if acy, con- ditions as are prescribid in that behalf, or (and] to such, if any, con- ditions or further conditions as are imposed by the Minister in the notice of suspension.

D l n s ~ o ~ 11.

(4) The Minister may, upon being satisfied that a breach of any condition to which any such suspension is subject has taken place in or in connection with any shop, revoke such suspension as regards such shop, by a notice delivered or posted to the shopkeeper thereof.

(5) Any notice of suspension or revocation under this section may be published in the Gazette.

(6) Any person who commits n breach of any condition to which any such suspension is subject shall be guilty of	an offence against
this Act.

Penalty-In the case of a shopkeeper, Ten Pounds; in the case of

a shop assistant, Two Pounds.

Penalt for entering

#hop &m cluaing 46, No person shall on any day enter any shop after the closing

time.	time for the purpose of buying or receiving goods therein.
New.
Penalty-Five Pounds.

Sunday trading. 47. (1) No shopkeeper shall upon any Sunday-

New.	(a ) Carry on any business in any shop; or
( b ) Open or keep open any shop for the purpose of carrying

on any business.

Penalty-For first offence, Ten Pounds; for any subsequent offence,

Twenty-five Pounds.

Evidenceof Sunday	(2) The presence in any shop on a Sunday of any person other than the shopkeeper of such shop or a member of his family shall be conclusive evidence of a breach by such shopkeeper of the provisions
trading.
of this section.

Proviaions to be in (3) The provisions of this section are in addition to, and shall

addition toother lam. not be deemed to derogate from, the provisions of any other enact-

ment or any other law as to Sunday trading or Sunday observance.

(4) Notwithstanding section 5, this section shall apply to and in respect of tobacconists' shops and hairdressers' shops and saloons.

Half-holiday in

exempted shops. 48. The following provisions as to a compulsory half-holiday

ahall apply as regards exempted shops :-

E.C. Act, 1900,

(1) Every shopkeeper shall on some one weekday in each week

allow to each shop assistant employed by him a half-holiday from

one o'clock.

Penalty-For first offence, Ten Pounds; for any subsequent offence,

Twenty-five Pounds.

(2) No

2 O GEORGII V, No. 1062.

The Early Closing Act .-l 9 I 1.

PART v.

(2) No such shopkeeper shall require or permit or suffer any Dlvlrrrow I l r.

shop assistant, after one o'clock on the half-holidav of such d

assistant-	Reetrictions upon
shopkeeper on-half -
holiday.

(a) To work for him either in or about the shop or else-

where; or

( b ) To be or remain in or about the business portion of the

shop.

Penalty-For first offence, Ten Pounds; for any subsequent offence,

Twenty-five Pounds.

(3) No such shop assistant shall, after one o'clock on his half- Reetrictionson aseietants on half -

holiday- holiday s.

( a ) Work for his employer either in or about the shop or else- NW.

where; or

( b ) Be or remain in or about the busiiless portion of the shop.

Penalty-Two Pounds.

(4) In this section " shop assistant " includes any person engaged Definition of "shop assistant" in this

in or in connection with the businem of or carried on in the shop. 6ection.

( 5 ) For the purposes of this Division of this Part any person Application of section

engaged in the business of milk-seller shall be deemed to be a shop-

mi'k-""e".

keeper, notwithstanding that he does not carry on such business in

or in connection with any shop as definecl by section 4.

49. (1) A petition may be presented to the Minister by a Petition for adoption

majority of the aggregate number of shopkeepers of, and shop- hoLda,as of the general helf-

assistants employed in or about or engaged in connection with, any exempted shops.

class of exempted shops specified in such petit,ion which are New-

situated in the Shopping District specified in such petition, pray-

ing-

(a) That the provisions of section 48 shall cease to apply to

shops of such specified class; and

( 6 ) That the conlpulsory half-holiday for shops other than

exempted shops in the Shopping District shall bc a

compulsory half-holiday as regards shops of such class.

(2) Such petition shall be in the prescribed form and be verified in the prescribed manner.

(3) No petition shall be presented under this section, with regard to any class of shops, within three years of the presentation of a petition under this section with regard to the same class of shops situated in the same Shopping District.

50. ( 1) Upon the presentation of a petition under section 49 the Petition to Registrar tobe for referred

Minister shall refer the same to the Registrar for the Shopping Dis- e,a,i,tio,. trict, who shall examine the signatures thereto.

(2) If the Registrar is of opinion that the petition has been

signed by a majority of the shopkeepers of the class of shops

C-1062 specified

18 2" GEORGII V, No. 1062. -

The Early Closing Act .--l 9 1 1.

-

PART V. specified therein which are situated in the Shopping District, he

-	D I ~ I ~ I O N	111-	shall certify to the Minister in writing that it has been so signed.
(3) If the Registrar is of opinion that the petition has not been signed, as mentioned in subsection (2) hereof, but that it has been duly signed as required by section 49, he shall certify to the Minister in writing that i t has been so signed.

I f petition signed by	51. ( 1) If	the Registrar certifies as mentioned in subsection (2)
majority of shop-

keepers effect to be	of section 50, the Minister shall, by a notice in the prescribed form
given thereto.	published in the Gazette and in two newspapers circulating in the Shopping District, declare that, in every week after a date fixed by such notice, all shops of such class situated in such District shall be closed at one o'clock on the day specified in such notice (being the compulsory half-holiday for shops other than exempted shops), and that such day shall be a compulsory weekly half-holiday as regards such shops.
(2) The date fixed by such notice shall be not earlier than fourteen days after the publication of the Gazette containing such notice.

F S n g o f day for poll. 52. If the Registrar certifies as mentioned in subsection (3) of

section 50, the Minister shall publish in the Gazeite and in two

newspapers circulating in the Shopping District-

( a ) The Registrar's certificate, and

(6) A notice in the prescribed form, fixing a date for the taking of a poll or polls of electors for the purpose of deter- mining the question whether or not the compulsory half-holiday for shops other than exempted shops in t,he Shopping District shall be a compulsory half-holiday as regards shops of the class specified in the petition.

Provisions for the	53. (1) On the date fixed by the notice under section 52, a poll question referred to in the said section.
p"1.	or polls shall be taken by ballot Por the purpose of determining the
(2) Subject to anything prescribed in that behalf, the provisions of sections 18 and 19, mutatis mzitandis, shall apply to and in respect of such poll or polls and the proceedings incidental thereto, con- nected therewith, and consequent thereon.
If poll favorable

general half-holiday 54. (1) If the result of the poll or polls taken under section 53,

to be adopted by

as certified in manner provided by section 19 (mutatis mutandis),

notice.

shows that a majority of the formal votes were given in favor of the compulsory half-holiday for shops other than exempted shops being a compulsory half-holiday as regards shops of the class specified in the petition, the Minister shall, by a notice in the prescribed form published in the Gazette, and in two newspapers circulating in the Shopping District, declare that, in every week after a date fixed by such notice, all shops of such class situated in such District shall be closed at one o'clock on the day specified in such notice (being the said compulsory half-holiday), and that such day shall be a com- pulsory weekly half -holiday as regards such shops. (2) The

2" GEORGII V, No. 1062.

The Early Closing Act.-1911. - -

- -

- - -

(2) The date fixed by such notice shall be not earlier than fourteen days after the publication of the Gazette containing such notice.

55, From the date fixed by a notice under section 51 or 54- Effect of notice.

(a) Section 48 shall cease to apply to shops of the class men- tioned in such notice situated in the Shopping District mentioned in such notice;

( b ) One o'clock shall in every week be the closing time of such

shops on the compulsory half-holiday mentioned in such

notice; and

(c) Sections 39 to 46, inclusive, shall apply to and in respect

of such shops on such half-holiday in every week.

DIVISION 1V.-How A CLASS OF SHOPS MAY CEASE TO BE D I V I ~ ~ O N IT.

EXEMPTED.

56. (1) A petition may be presented to the Minister by a majority of the aggregate number of shopkeepers of, and shop	nhops to cease to be
Petition for class of
exempted.
assistants employed in or about or engaged in connection with, any class of exempted shops specified in such petition, which are situated in the Shopping District specified in such petition, praying-

(a) That shops of such class shall cease to be exempted shops;

and .

( b ) That the closing times of such shops shall be the times

specified in such petition.

(2) Such petition shall be in the prescribed form and shall state the proposed closing times of the shops for the various weekdays, and shall be verified in the prescribed manner.

(3) No petition shall be presented under this section, with regard

to any class of shops, within three years of the presentation of a

under this section with regard to the aame class of shop

situated in the same Shopping District.

57, (1) Upon the presentation of a petition under section 56 Petitiontobereferred

the Minister shall refer the same to the Registrar for the Shopping ,,,i,atio,~	to Regietrar for
District, who shall examine the signatures thereto.

(2) If the Registrar is of opinion that the petition has been signed

by a majority of the shopkeepers of the class of shops specified therein which are situated in the Shoplbing District, he shall cer. tify to the Minister in writing that it has been so signed.

(3) If the Registrar is of opinion that the petition has not been signed as mentioned in subsection (2) hereof, but that it has been duly signed as required by section 56, he shall certify to the Minister in writing that it has been so signed.

58, If the Registrar certifies as mentioned in subsection (2) of ~f petitionsigad bs majority of shop-

section 67, the Minister shall, by a notice in the prescribed form ~, p m, e ~, t, ~ e

pub1 ished $yen thereto*

2' GEORGII V, .No. 1062.

The Early Closing ht.-1911.

PAET v* published in the Gazette and in two newspapers circulating in the

D ~ ~ l e r ~ ~ Iv* Shopping Ilistric t, declare-

( a ) That, from a date fixed by such notice, shops of the class specified in the petition which are situated in such Shopping District, shall cease to be exempted shops within the meaning and for the purposes of this Act; and

( b ) The closing times for such shops on the various weekdays,

which times shall be those stated in the petition.

Fixing0f dayfOrpOU. 59. If the Registrar certifies as mentioned in subsection (3) of section 57, the Minister shall publish in the Gazette and in two newspapers circulating in the Shopping District-

(a) The Registrar's certificate, and

( b ) A notice in the prescribed form, fixing a date for the taking of a poll or polls of electors for the purpose of deter- mining the question whether or not shops of the class specified in the petition situated in the Shopping District shall cease to be exempted shops.

Proviaione for the 60,

(1) On the date fixed by the notice under section 59, a

poll or polls shall be taken by ballot for the purpose of determining

t,he question referred to in the said section,

poll.

(2) Subject to anything prescribed in that behalf, the provisions of sections 18 and 19, mutatis mutandis, shall apply to and in respect of such poll or polls and the proceedings incidental thereto, con- nected therewith, and consequent thereon.

If ~ollfavorableclaas

of shops to cease to 61, (1) If the result of the poll or polls taken under section 60, as

be exempted.

certified in manner provided by section 19, mutatis mutandis, shows that a majority of the formal votes were given in favor of shops of

the class specified in the petition ceasing to bc exempted shops, the Minister shall, by a notice in the prescribed form, published in the Gazette and in two newspapers circulating in the Shopping District,

declare as provided by section 58.

(2) The date fixed by such notice for such shops to cease to be

exempted shops shall be not earlier than fburteen days after the pub-

lication of the Gazette containing such notice.

Effect of notice. 62. From the date fixed by a notice under section 58 or

61-

( a ) All shops of the class mentioned in snch notice, which are situated in the Shopping District, shall cease to be exempted shops within the meaning and for the pur- poses of this Act; and

(b ) The closing times of such shops shall be the times declared

in such notice.

63. Notwithstanding

'	2	GEORGII V, No. 1062.
The Early Closing Act .-l 91 1.

63. Notwithstanding any notice under section 51, 54, 58 or PABT v.

61, or any provision of- this- Act, when any such notice aiplies to & A D~vrerow rv.

chemists' a n d dniggists' shops, it shall still be i a \ ~ f ~ l for the shopkeeper

of any such shop, OF his accredited re~resentative. situated in the may be d k p e n d in

shopping ~Xstric't, a t any time and on 'any weekday or Sunday, to any case.

dispense and sell medicine and to open his shop for that purpose,

and for any person to enter such shop for the purpose of obtaining

such medicine: Provided that-

I. Nothing else is sold or delivered on such occasion;

11. The shop is not kept open or unfastened after the delivery of

such medicine.

64. (1) No shopkeeper shall employ in or about, or engage in LimiMonofhournof employment of young

connection with, any shop a person under the age of sixteen years- persona.

( a ) For more than fifty-two hours in any week; or	E.C. Amendment Act
1901, S. 14.
( b ) For more than nine hours in any day except on one day

in a week, when such employment may extend to eleven

hours.

Penalty-For first offence, Ten Pounds; for any subsequent offence,

Twenty-five Pounds.

(2) The Minister may, by writing under his hand, as regards any person named therein, extend the limit fixed by subdivision ( 6 ) of subsection (1) to twelve hours, but such extension shall not apply in respect of more than forty days in any year.

(3) Where any shop is a factory within the meaning of " The limitations upon the hours of employment of persons under sixteen	employment fixed by this section conflict with or differ from the	Factories Acts, 1907 to 19 10," and the limitations upon the hours of
years of age fixed by or under the said Acts, the last-mentioned limitations shall prevail.

PART VI.

LEGAL PROCEDURE.

, 65. (1) Every offence against this Act shall be reported to the Offenre to be

Minister.	reported to Minieter,	who may direct
promcution.
(2) No proceedings for any such offence shall be taken without the consent in writing of the Minister.	cf. 1907, Factories 8. 162. A C ~,
(3) Such consent may be proved by the production of a document in the form in the Third Schedule, or to the like effect, purporting to be signed by the Minister.

(4) Proceedings

' 2 GEORGII V, No. 1062.

The Early Closing Act.-1911.

PART PI. (4) Proceedings may be taken by an inspector or by a member of the Police Force.

Onus of proof. 66. (1) In proceedings in respect of offences against this Act

cf. Factories ~ c t, 1907, s. 149. the onus shall be on the defendant to prove-

I. That the person, firm, company, corporate body, or association

named in the information is not the shopkeeper:

XI. That goods alleged in the information to have been sold, or

offered, or exposed for sale, were not sold, or offered,

or exposed for sale:

111. That a person named in the information as being a shop

assistant of the defendant, or of any other person, was

not such an assistant:

xv. That a shop mentioned in the information as being within a

a specified Shopping District is not therein:

v. That the informant is not an inspector or a member of the

Police Force.

(2) The allegations contained in the information for an offence against this Act shall be deemed proved in the absence of satis- factory proof by the defendant to the contrary.

Presumption in

certain cases. 67. If a person is shown to have been employed or to have beer1 present at, in, or about a shop or place, or to have been engaged in

Cf. Factories "'5

1907, S. 160. connection with a shop or place, under such circumstances as in the opinion of the Ccurt adjudicating raise a suspicion that such emloyment or engagement was contrary to this Act, the offence charged shall be deemed proved in the absence of satisfactory proof by the defendant to the contrary.

Responsibility of per- (38, Where an offence for which a shopkeeper is liable to a

sons actually commit-

ting offences. penalty under this Act has in fact been committed by another person,

E.C. Act, 1900, a. 16. such other person shall be liable to the same penalty as if he were

the shopkeeper.

Exemption of shop- 6g. (1) A shopkeeper charged with an offence against this Act

keeper from penalty

onconvictionof actual may, upon information laid by him, have any person whom he,

offender. charges as the actual offender brought before the Court at the time

cr. E.C. A C ~,	1900,	appo<nted for hearing the charge. '
a. 17.
(2) If, after the commission of the offence has been proved, such shopkeeper satisfies the Court--

( a ) That he has used due diligence to enforce the provisions of

this Act; and t

( b ) That, without his knowledge, consent, or connivance, the

said other person committed the offence in question,

the said other person shall be summarily convicted of such offence,

and such shopkeeper shall be exempt from any penalty.

70. The

2" GEORGII V, No. 1062.

The Early Closim~ Act.--191 1.

70. The informant shall, in the first instance, proceed against the

person whom he believes to be the actual offender, without proceeding

Proceedings against

supposed actual

against the shopkeeper, whenever it is made to appear to his satis-

offender in first

faction at the time of discovering the offe~~ce-

instance.

Cf. Factories Act,

( a ) That such shopkeeper has used all due diligence to enforce 1907, 8. 161.

the observance of this Act; and

( h ) By whom such offence was committed; and

(c) That such offence was committed without the knowledge,

consent, 01. connivance of ~ u c h	shopkeeper, and in contra-
vention of his orders.

7h Proceedings in respect of offences against this ,4ct shall be

Proceedings to be by

information within

by information, which shall be laid within six months after the

six months.

commission of the offence.

Cf. Factories Act,

1907, S. 149.

72. No information in respect of au offence against this Act shall Disqualification of

be heard before a Justice who is a shopkeeper, or an assistant or	certain Justices.
employ6 in a shop.	E.C. Act, 1900,s. 21

73. (1) All informations for offences against this Act shall be Summary

heard and determined in a summary way by a Special Magistrate	proceedings.
or two Justices.
(2) The proceedings 011 such informations, and all proceedings under this Act before a Special Magistrate or Justices, shall be regulated by the Ordinance No. 6 of 1850 and any .amendments thereof, or any other Act for the time being in force regulating summary proceedings before Justices of the Peace.

74. (1) A Justice may commit to any gaol, for a period not Imprisonment on non-

exceeding three months, a person who makes default in payment of payment of fines, &c.

a pecuniary penalty imposed under this Act.

(2) Such imprisonment shall cease on payment of the sum due and the costs of any proceedings taken for the recovery thereof.

(3) This section shall not affect any remedy under the Ordinance No. 6 of 1850, or any amendment thereof, for the recovery of pecuniary penalties, or under any Act that may be law in that behalf.

75. (1) There shall be an appeal- Appeal.

( a ) From an order of a Special Magistrate or Justices;

( b ) From a conviction by a Special Magistrate or Justices; or

(c) From an order dismissing an information.

(2) Such appeal-

(a) Shall be to the Local Court of Adelaide of Full Jurisdic-

tion; and

(b ) Shall

2O GEORGII V, No. 1062. - - pp-

The Early Closing Act.-191 1.

PART VI.

- ( b ) Shall be regulated by the said Ordinance No. 6 of 1850

and any amendments thereof, or any other Act for the

time being in force regulating appeals to Local Courts.

(3) Such Court may make such order as to costs as it shall think fit, although such costs exceed Ten Pounds.

Eipeoial case. 76, (l j The Local Court may state a special case for the opinio~l

of the Supreme Court.

(2) The Supreme Court shall deal with such special case accord-

ing to its practice on special cases, and may make such order as to

costs as shall appear just.

(3) The Supreme Court may amend the special case or send the same back for amendment,.

(4) The Magistrate or Justices or the Local Court shall make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the Supreme Court or a Judgc thereof.

(B) Such order of the Magistrate or Justices or Local Court shall be enforced in manner provided for the enforcement of orders of Justices by the said Ordinance No. 6 of 1850 and any amendments thereof, or any Act for the time being in force in that behalf.

PART VII.

MISCELLANEOUS.

Falee entries,

declarations, &c. 77, No person shall-

( a ) Wilfully make a false entry in any book, register, certifi-	cate, list, record, declaration, notice, or document by this
Act required to be kept, made, served, or sent; or

(6) Wilfully make or sign a false declaration or return under

this Act; or

( c ) Make use of any such entry, declaration, or return, knowing

the same to be false.

Penalty-One Hundred Pounds, or imprisonment for one year.

Mode of preeenting 78, Any petition under this Act shall be deemed to be duly

petitione.

presented if delivered, at the Minister's office, to the Minister or the

the Secretary or acting Secretary to the Minister.

~lec tors l

comet for polls under

roll8 deemed 79, For the purpose of any poll taken under this Act the electoral

rolls in force at the time of such poll shall be accepted as correct,

this A C ~.

J.icensing .M, 1908, and their correctness shall not be inquired into by any Court,

8. 186. tribunal, or person whatsoever.

80, The

' 2 GEOKGII V, No. 106z.

- - - - ----- - p

The Early Closing Act.--19 1 l.

- - - - -- - - - - - - - - - - -- -

80. 'f he production of the Gcrzette containin g what purports to PART vIr.

be a co1)y of a certificate of the Returning Otficer for the State Evidencethatpetition

or of a Registrar, that a petition has been duly signed as required

by any provision of this ,let shall be conclusive evidence that it has

been so signed.

be a copy of a certificate of a Returning Officer as to the result or and validity of poll. 81. The production of the Gazette containing what purports to Evidence of result

results of a poll, or of the Minister as to the aggregate result or results of several polls, taken under this Act, shall be conclusive witletice of-

(a ) All matters stated therein, including the result or results of

the poll or polls therein mentioned;

( b ) The validity of' the poll or every p011 therein referred to, and

the due performance of all conditions precedent thereto;

and

( c ) The validity of everything incidental to, in connection with,

or consequent npon such poll or polls.

82. The production of the Gazette rontaining what purports to Guzctte to be evidence

be a copy of a Proclamation, declaration, notice, or other document documents. of published

purporting to be made under the authority of this Act shall be con- ,.C.	1900,
notice, or other document, and of the contents thereof, unless the
clusivc evidence of the making of such Proclamation, declaration, 8.20. matle, by writing uncier his hand, certifies the contrary.

83, (1) The Governor inay make rcgulatioiis- Regulations.

I. Prescribing the mode in which, the persons by whom, and

the places at which, polls nnder this Act, and the pro-

ceedings inciclental thereto and connected therewith, are to be contlncted and held;

r r. Prescribing the duties and powers of the Returning Officeis

and other officers and persons with respect to such polls and proceedings, and the fees and allowances to be paid to them:

I I I. Providing for the appointment of scrutineers to act at, and in

connection with, such polls in the interests of the several

parties, and the rights and powers of such scrutineers:

IT. l'rescrilhg all matters which are by this -1ct required or permitted to be prescribed, or the prescribing of which is contemplatecl by this Act, or which may be necessary or convenient for carrying out the provisions or objects of this Act.

( 2 ) Such regulations-	Publication and effect
of regulations.

(a)	Shall be published in the Gouenment Gazette;
D-1062 From

2' GEORGII V, No. 1062.

The Early Closing Act.--191 l.

PART v11. ( b ) From the date of such publication, or from a later date fixed by the order making the same, shall (subject to subsection (3) hereof) be of the same effect as if they

were contained in this A4ct ; and

(c) Shall be laid before both Houses of Parliament within fourteen days a£ ter publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session of P;;lrliament.

Dieallowance by

Parliament.	(3) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting (lays of such Housc after such regulation has been laid before it, such rcg ulation shall thereupon cease'to have effect, but without affecting the ~nlitlity or curing the invalidity of any thing done, or of the omission of anything, in the meantime.
This subsection shall apply notwithstaliding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which thc regulation is laid before such House.
Expenses to be paid

out of moneys 84- All moneys required for the purposes of' this Act shall be

provided by	paid out of moneys provided by Parliament for the purpose of this
Parliament.	Act.

In the name and on behalf of His Majesty, T herehy assent to

this Bill.

D,IY H. BOSANQUK'l', Governor.

'I' E1E

2 O GEORGII V, No. 1062.

.p---- - - . . -- -I-

The Early Closing Act.-1911.

-. -- - - -- - - _ _ - _ _ _ I _ - _--C

THE SCHEDULES.

T H E FIRST SCHEDULE. h. 4.

Exmpted S h o p.

Chemists' and druggists' shops. Restaurants and eating houses. Cooked meats other than tinned meats, bakers' small goods and bread, fish

and oyster shops. Confectionery shops. Non-alcoholic drink shops.

Fruit shops.

Flower shops.

Vegetable shops.

Book-stalls at railway stations and rail\\ ay platforms.

Undertakers' shops or places of business.

Public-houscs and licensed wine shops.

Milk shops.

13. Tobacconists' shops.

14. Hairdressers' shops and saloons.

T H E SECOND SCHEDULE. Sec. 9-

Number of Act. I Short Title. I Extent of Repeal.

749 of 1900 " Early Closing Act, 1900 " .. .. .. .. .. .. .. The whole Act

'1'78 of 1901 The Early Closing Amendment Act, 1901 " The whole Act

795 of 1902 " The Early Closing Amendment Act, 1902 " The whole Act

823 of 1903 The Early Closing Perpetuation Act, 1903 " The whole Act

T H E T H I R D SCHEDULE. Sec. 66-

' The Early Closing Act, 19 1 1 ."

Consent o f Minis ter.

I, the Hon. , the Minister of the Crown administering " The

Early Closing Act, 191 1," hereby consent to proceedings being taken by (1)

, against (2) , for an alleged offence

under " The Early Closing Act, 191 1 ."

(1) Here insert the name of the proposed informant, and state whether a member of the Police

Force or an inspector of shope.

(2) Here insert full name, addrese, and occupation of proposed defendant.

Adelaide : By authority, R. E. E. ROQBRS, Government Printer, North Temce.