The Early Closing Act Amendment Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

An Act to amend "The Early Closing Act, 1 9 1 I, " and

for other purposes.

[Assented to, December rgth, 19 r2.1

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

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

1. (1) This Act may be cited alone as '' The Early Closing Act short titles.

Amendment Act, 19 12." No. 1062 of 1911

A-l104

(2) " The Early Closing Act, 19 1 1 " (hereinafter called the .

principal Act " 1, and this Act may be cited together as The Early

Closing Acts, 1911 and 1912."

This Act is incorporated with the principal Act, and that Act and this Act shall be read as one Act.	I n c o ~ m t i o n	with
principal AO~.	,

2,

3. (1) The definition of the term " exempted goods " in section 4 Amendment of wc-

of	the principal Act is amended-	tion 4 of principal A C ~. Definitione of
" exempted oods "

1. By inserting, after the word " Schedule " in the second line aria sbop.f

thereof, the words " which is situated in a Shopping Die-

trict "; and

n. By adding at the end, and as part of subdivision ( b )	thereof, the words " which are situated in such Shopping
District."

(2) The

3' GEORGII V, No. I 104.

The Early Closing Act Amendment Act.-1912.

(2) The definition of the term shop" in section 4 of the

principal Act is amended-

I. By inserting, after the word " sale" in the third line of sub-

divieion (a ) of such definition, the worda '' by retail "; and

rr. By adding a t the end of such definition the following words:

-" and as regards a publisher of newspapers does not

include any building or place used exclusively for the

publication and sale of newspapers."

Meaning of	news-	4.	Section 4 of the principal Act is further amended by inserting
paper."

therein after the definition of "Minister" the following definition:-

' " Newspaper " means any public print for the circulation of news, advertisements, intelligence as to public matters, or remarks or observations thereon, published for sale periodi- cally or in parts or numbers, at intervals not exceeding seven days between the publication of any two of such papers, parts, or numbera.'

Amendmentofsection 5. Section 11 of the principal Act is amended by substituting

l l-Half-holiday in

Murray Bridge	the word	Saturday " for the word a Wednesday " in the last line
District.	thereof.
Amendment of

aection 12- 6. Subsection (l) of section 12 of the principal Act is repealed

m a t b ~ b r y m 9	and the following provision is hereby enacted and substituted in
be compfiaed pit*	lieu thereof, namely: -
a Shopping Dletnct.
the area therein defined may be constituted a Shopping Dis- (1) A petition may be presented to the Minister praying that
trict under this Act: Provided that such area-

I. Shall not include any place within any Shopping District existing at the time of the presentation of the petition, nor within any proposed Shopping District as defined by any petition previously presented and not finally 'dealt with under this Act;

U. Shall be a continuous territory, consisting of-

(a) The whole of one or more municipalities; or

( b ) The whole of one or more district council districts; or

(c) The whole of one or more municipalities, together with the whole, or part or parts of one or more district council districts, which, or each of which, adjoins such municipality, or one or more of such munici- palities (if more than one); or

(d) The whole of one or more district council districts,

together with part or par te of one or more district

council districts; or

(c) Part or parts of one or more district councils; and

m. Shall

3' GEORGII V, .NO. I 104.

The Early Clorring Act Amendwwnt Act.-1912.

111. Shall, unless it consists of or comprises a municipality or

municipalities, be at least one square mile in extent.

7. (1) Section 12 of the principal Act is amended by adding ~ ~; , " ~ ~ m e n t ~

thereto the following eubsection :-	When petition may
be presented.

(3) A petition shall not be presented under this section with regard to any proposed Shopping District within three years of the day of the presentation of any other petition under this section with regard to the same proposed District.

(2) In case a petition under the said section 12 has been presented before the passing of this Act with regard to any proposed Shopping District, and such District has not been constituted before such passing, the said petition ahall be regarded as a nullity and as not having been presented.

8, Section 13 of the principal Act is amended by inserting, after Consequent amendment of

the word " with " in the first line thereof, the words " subsection wCtion 13.

(l) and."

9. (1) Section 13 of the principal Act is further amended by ~ ~ ~ ~ m ~, t s &, , d

striking out the words " who shall examine the signatures thereto " 24.-Duties of

Returning Offlcera

in subsection (1) thereof. a8 to petitions.

(2) Section 15 of the principal Act is amended by striking out the

words	examine the signatures thereto and " in subsection (2)
thereof.

(3) Section 24 of the principal Act is amended by striking out the words 'l who shall examine the signatures thereto "	in subsection (1)
thereof.

10, Section 16 of the principal Act is amended by adding thereto Amendment of ne~ti011 16-

the following subsection :- When eti it ion

(2) When under the foregoing provisions of this section ~ t h. deemed-finally deelt

the Governor is empowered to make a Proclamation, the

petition shall be deemed to have been finally dealt with- Q

(a) Upon the pnblication of such Proclamation, or

( b ) If no such Proclamation is publiehed within the period of two months from the expiration of the time fixed under section 14, then at the close of the said period of two months.

repealed, and the following provisions are hereby enacted and to 21. 11, Sections 17 to 21 (both inclusive) of the principal Act are Repeal of sections l 7

substituted in lieu thereof, namely :-

17. ( l ) If within the time fixed under section 14 there EIM of counter- petition-Ageinet

is duly presented to the Minister such a counter-petition as ,,8titutiim of

mentioned in that section, in the prescribed form, signed by	d i e e t.
a larger number of electors residing in the proposed District than the number of electors who signed the petition, and

pr8Y-Q

The Early Closing Act Amendmt Act.-1912.

praying that the proposed Shopping District be not consti- tuted, then the petition shall not be granted, and shall be deemed to have been finally dealt with.

In favor of a

different half-holidsy. (2) If no such counter-petition, signed as mentioned in subsection (l) hereof, and praying that the proposed District be not conetituted, is duly presented to the Minister within the time fixed under section 14, but within that time there is duly presented to him such a counter-petition, signed as mentioned in subsection (1) hereof, and praying that a week- day therein specified other than the day stated in the petition be the compulsory half-holiday, then the Governor may, by Proclamation, constitute the proposed district a Shopping District under this Act, and assign a name thereto, and declare-

r. Subject to subsection (3) hereof, that in such Shopping District the compulsory half-holiday shall be the day specified in the counter-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 publi- cation of the Gazette containing such Proclamation;

and such Shopping District shall be duly constituted as from such date, 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.

Where counter-

petitions not ali in (8) l f, in such a case as provided for in subsection (2)

favor of aame half-	hereof. two or more counter-petitions, each signed as therein
holiday.	mentioned, are duly presented as therein mentioned, and such counter-petitions specify different days for the com- pulsory half-holiday, then the day specified in such one of the said counter-petitions as is most numerously signed shall, in the Proclamation under subsection (2) hereof, be declared
to be the compulsory half-holiday.
deemed finally dealt

When petition (4) When under the provisions of subsection (2) hereof

with.

the Governor is empowered to make a Proclamation, the

petition shall be deemed to have been finally dealt with-

(a) Upon the publication of such Proclamation, or

( b ) If no such Proclamation is published within the period of two months from ,the expiration of the time fixed under, section 14, then a t the close of the said period of two months.

Amendment of

section 23 - 12. Subsection (2) of section 23 of the principal Act is amended

when petition for	by substituting the following subdivision for subdivision (c) thereof,
cbange of half-
holiday may be	namely :-

presented. (c) Shall not be presented within three years of the day of the

presentation of any ofber petition under this section with regard to such District." 13. Section

3' GEORGII V, No. I 104. 5

The Ewly Closing Ad A d r n e n t Ad.-1912.

13. Section 25 of the principal Act is amended by striking out Amendment of aeotlon 26-

the words " later than two months before the said General Elec- Date for counter-

tion " in subdivision (b), and inserting in lieu thereof the words petition-

" less than one month from the date of the latest of such publica-

tions ."

14. Section 28 of the principal Act is amended by striking out ~ ~ ~, "; ~ ~ O f

the remainder of the section after the word '' then " in the fourth ~ f f e c t of counter-

line and inserting in lieu thereof the words " the petition shall not petition.

be granted."

15. Section 29 of the principal Act is hereby repealed.	Repeal of section 29.
16.

(1) The Returning Officer for the State may refer any petition mesented under Part 11. of the principal Act to the town clerk or Returning Omcer in ~~~~$~~~

histrict clerk of any municipalit$ or dHtrict council district, which, cenilolte.	preparing his
or part of which, is comprised within the proposed Shopping District defined in such petition, with a request that such clerk will certify what signatories to such petition reside in such munici- pality or district council district or part, and the total number of electors who reside therein.
(2) Thereupon it shall be the duty of such clerk to furnish the Returning Officer, as soon as practicable, with a statement, certifying as requested by the Returning Officer, to the best of his information.
and belief, and the Returning Officer may, for the purpose of any certificate required of him by the principal Act, assume that the information contained in such statement is correct.

Act, the closing time on any day for the shop of a vendor of news- newsvendom shop. 17. Notwithstanding anything to the contrary in the principal Closing time for

papers shall, for the purposes of sections 39, 40, and 46 of the principal Act, be one hour later than the closing time fixed by the principal Act for such day: Provided that this section s h d not

apply in respect of any such shop on any day when any goods other than printed books, magazines, or newspapers are sold or offered or	exposed for sale in, about, or from such shop after the closing time
fixed by the principal Act for such day.

18. (1) This section shall not apply within the Metropolitan Spwi.Leremption for sale of newspdpem

Shopping District.

except in

Metropolitan District.

(2) Except as aforesaid, in any Shopping District, or in such part of any Shopping District as is defined by notice under this section,

it shall, notwithstanding anything in the principal Act or this Act,

be lawful for a shopkeeper to offer and expose for sale, and to sell, newspapers during such (if any) times after the closing times as are fixed in that behalf by the Minister, with regard to such District or part of a District, by notice published in the Gazette, and, for that purpose, to keep his shop open during the said times: Provided that the newspapers are offered and exposed and sold, and the shop is open, only in accordance with such conditions as

am

3' GEORGII V, No. I 104.

The Eady Closing Act Amndmerzt Act.-1912.

are imposed by the Minister by the said notice, or by subsequent notice published as aforesaid, and that any other conditions imposed in manner aforesaid by the Minister are fully complied with.

(3) Any notice under this section may fix different times, and impose different conditions, with regard to different parts of the Shopping District, or part of a Shopping District, to which it applies, and may impose different conditions with regard to different classes of shops.

(4) Nothing in this section, or in any notice under this section, shall be deemed to affect the operation of section 41, 42, or 44 of the principal Act, or to excuse any contravention of any of those sections, nor shall it affect the operation of any other provision of the principal Act or of this Act except so far as expressly permitted by a notice under and pursuant to this section which is for the time being in force.

( 5 ) The Minister may from time to time, by notice published in

the Gazette, revoke or vary any previous notice under this section.

Amendment of section

40-~oode not to be 19, Section 40 of the principal Act ia amended-

delivel-ed after clming

time.

I. By inserting "or, except as permitted by subsection (3)

hereof or section 42, deliver any goods, or cause or

permit any goods to be delivered" after the word

sale " in the third line thereof; and

11. By adding thereto the following subsection, namely:-

(3) Notwithstanding anything in this section, any shopkeeper may, within one hour after the closing time on any day, deliver to customers, elsewhere than at his shop, goods bought by such customers before such closing time.

Amendment of 20. Section 42 of the principal Act is amended-

section 42-

When assietants

1. By striking out of subdivision ( b ) thereof the words when

allowed on the

premises after closing	the closing time is one o'clock, or after twenty minutes
time.	after the closing time on any other day "; and

1:. By inserting the following proviso so as to apply to both subdivision (a) and subdivision ( b ) of the section,

namely :-" Provided that any shopkeeper may, on any day, permit or suffer any shap assistant who is engaged in delivering goods carried from his shop, and who has left such shop with such goods not later than one hour before the closing time for such day, to be engaged, within one hour after such closing time, in the delivery to customers, elsewhere than at such shop, of goods bought by such customers before such closing time, and in returning to the shop and stabling or putting away any animal, vehicle, or thing used by him for the purposes of such delivery."

al. T ~ O

3" GEORGII V, No. I 104. -

The Early Closing Ad A d m Ad.-1912.

21. The first five lines of section 43 of the principal Act are Amendment ot

amended so as to read as follows:- section 43-

lawful for a shopkeeper or shop assistant to be engaged, on on any day. 43. Notwithstanding anything in this Act, it shall be ~uarter-hour's grace

any day, for fifteen minutes after the closing time in-

I. Serving customers actually inside the shop at such

closing time; or ,

22. Subdivision ( B ) of section 44 of the principal.~ct is amended Amendment of eeotion 44-

by striking out the words " when the closing time is one o'clock, or B etitriotions on

after twenty minutes after the closing time on any other day." assistants.

23. Section 45 of the principal Act is amended so as to read as Amendmentof

follows: - section 45-

46. (1) The Minister, or any ofacer authorised by the ~~~~~~~~~~~d

being satisfied of the necessity therefor, by notice signed by	Minister to grant suspensions under this section, may, on \y",y;2f sations
him, suspend the operation of sections 42 and 44-

(a) As regards any shop; or

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

any particular Shopping District; or

(c) As regards any person or persons.

(2) No such suspension shall apply in respect of a.ny

period exceeding six consecutive week days.

(3) Every such suspension shall be subject to such con- ditions, if any, as the Minister or officer granting the same imposes, either by the notice of suspension or by sub- eequent notice signed by him.

(4) The Minister, or any officer authorised by the Minister to revoke suspensions granted under this section, 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, or with respect to any person, revoke such suspension as regards such shop or person by notice delivered or posted to the shopkeeper or person concerned.

(5) Any person who commits a breach of any condition

to which any ~ u c h 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 any other person, Two Pounds.

24. (1.) The Chief Inspector, upon being satisfied that a proper Licences for tndi

case exists for the exercise of	the power hereby conferred upon him, ~zly$,",","eyOr
may grant a licence-

I. Permitting the exposing for sale and the d e and delivery of

good8 the proceeds whereof are to be devoted to any

benevdent,

3" GEORGII V, No. 1104.

The Bmly Closing Ad Amendment Ad.-1912.

benevolent, charitable, religious, or public purpose, or in

aid of any friendly or benefit society; or

11. Permitting a bond fide commercial traveller or agent representing a wholesale house to expose samples for purposes merely of securing wholesale orders for goods, but for no other purpose; or

III. Permitting the sale and delivery ~f goods for provisioning

any ship;

after the closing times.

(2) Every licence so granted shall state the purpose for which it

ie granted, and shall be subject to such conditions as are set out

therein, and may be for-any term not exceeding one year.

(3) A fee of Two Shillings and Six Pence shall be paid for every

such licence.

(4) Any such licence may provide that the provisions of Part IV.

of the principal Act, as to the registration of shops, shall not apply

in respect of the place in which goods are offered or exposed for

sale pursuant to such licence.

(5) Any such licence shall render lawful anything done or omitted in accordance with the terms thereof: Provided that if anything is done or omitted in excess of such terms or in any way contrary to any condition thereof, such licence shall immediately become, and continue to be, of no effect.

(6) The holder of a licence granted under this section shall produce the same for examination whenever demanded by an Inspector or any member of the Police Force, and any person acting, or purporting to act, under the authority of a licence so granted, who fails to produce such licence when demanded as aforesaid shall be deemed to be unlicensed.

~mendment of mtion

52-Provision for 25, Subdivision ( b ) of section 52 of the principal Act is repealed,

coun~,.P,~ition	and the following provision is hereby enacted and substituted in
against adopting
ordinary half-holiday.	lieu thereof, namely :-

( 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, signed by shop- keepers of the class of shops specified in the petition which are situated in the Shopping District, and praying that the petition be not granted, may be presented to the Minister.

Repal of aectiona63 26, Sections 53 and 54 of the principal Act are repealed, and

and 64-Other pro-

G o

the following provisions are hereby enacted and substituted in lieu

thereof, namely :-

Registrar to certrfy	83. (l)	If within the time fixed by the notice under section
whether counter-

peti+ion Ggned by 52 a counter-petition as mentioned in that section, and in the

three-fifths of the
lopkeepern.	prescribed form, is presented to the Minister, he shall refer such counter-petition to the Registrar. (2) The

3' GEORGII V, No. I 104.

The Early Closing Act A d m n t Act.-1912.

(2) The Registrar shall thereupon examine the signatures to the counter-petition, and shall certify in writing to the Minister whether it has, or has not, been signed by at least three-fifths of the shopkeepers of shops of the class specified in the petition, which are situated within the Shopping District.

54. (1) If the Registrar certifies that the counter-petition h a Effeot of counter-

been signed as mentioned in subsection (2) of section 53, the petition.

petition shall r~ot be granted.

(2) If the Registrar certifies that the counter-petition has not been so signed, or if no counter-petition ss mentioned in section 52, and in the prescribed form, is presented to the Minister within the time fixed by the notice under that section, the Minister shall, by a notice in the prescribed form published in the Gazette'and in two newspapers circulating in the Shop- ping District, declare as provided by section 5 1.

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

27, Subdivision ( 6 ) of section 59 of the principal Act is Amendment of m-

repealed, and the following provision is hereby enacted and substi- P,.,,v~onfor counter.	tion 69-
tuted in lieu thereof, namely :-	petition.

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

than one month from the date of the latest of such publi- cations, within which a counter-petition, signed by shop keepers of the class of shops specified in the petition, which are situated in the Shopping District, and praying that the petition be not granted, may be presented to the Minister.

28, Sections 60 and 61 of the principal Act are repealed, and Repeal of eectione 60

the following provisions are hereby enacted and substituted in lieu ~ ~ ~ ~ v i, i m e

thereof, namely :- substituted.

60. (1) If within the time fixed by the notice under Registrar to certify

section 59 a counter-petition as mentioned in that section, sign& by whether counter-

and in the prescribed form, is presented to the Minister, he three-fiftba of the

shall refer such coun ter-petition to the Registrar. shopkeepere.

(2) The Registrar shall thereupon examine the signatures to the counter-petition, and shall certify in writing to the Minister whether it has, or has not, been signed by at least three-fifths. of the shopkeepers of shops of the class speci- fied in the petition, which are situated within the Shopping District. l

61. (1) If the Registrar certifies that the cou nter-petition Etreot or counter-

has been signed as mentioned in subsection (2) of section 60,

the petition shall not be granted.

(2) If the Ilegistrar certifies that the counter-petition has not been so signed, or if no counter-petition as men- tioned in section 69, and in the prescribed form, is presented

to

B-1104

3' GEORGII V, No. I 104.

Tb Early Closing Act A d m e f i t Act.-1912.

to the Minister within the time fixed by the notice under that section, the Minister shall, by a notice in the prescribed form, published in the Gazette and in two newspapers circu- lating in the Shopping, District, declare as provided by section 58.

(3) The date fixed by the last-mentioned notice shall be

not earlier than fourteen days after the publication of the

Gazette containing such notice.

Petition under section 29, (1) The times set out in any petition under section 56 of the

66 may apply for

re-o ening and principal Act may make provision for re-opening times and re-closing

re-o P oeing times, as

well sa for closing	times, as well as for closing times; and in such case, if, under
tirnnn.	Division IV. of Part V. of the principal Act, shops of the class specified i n the petition, which are situated in any'shopping District, cease to be exempted shops, sections 39, 40, 42, 44, and 46 of the principal Act shall cease io~apPly in respect of such shops at and from any such re-opening time for any day, but shall again apply at and from any such re-closing time for such day.
(2) Any such petition may also as regards chemists' and drug- gists' shops make provision for opening and closing and re-opening and re-closing times on Sundays; and in such case, if, under the said Division IV., shops of the class specified in the petition which are situated in any Shopping District, cease to be exempted shops, sections 39 ~ n d 47 of the principal Act shall cease to apply in respect of such shops at and from any such opening or re-opening time on Sundays, but shall again apply at and from any such closing or re-closing time on Sundays.
For P ~ ~ F J O S ~
Bmte only registered

of certi- 30. For the purpose of any certificate required by section 50, 53,

shops to be 57, or 60 of the principal Act, the Registrar shall have regard only to the shopkeepers of such shops as are, a t the time, registered under Part IV. of the principal Act, and to the shop assietants employed in or about or engaged in connection with the shops so registered.

Petition ae to

exempted shops only	31. (1) No shopkeeper shall be entitled to sign a petition or unless he has, by notice
to be signed by	counter-petition under section 49, 52, 56, or 59 of the principal Act,

p e m n w h o h a	signed by him and in the prescribed	form,
notifled hie class of

shop.	and delivered to the Registrar for the Shopping District in which his shop is situated, stated to which class of exempted shops his shop belongs.
(2) Notices delivered by a shopkeeper under subsection (1) of this section may state different classes of shops: Provided that-

(a) Not more than one class is stated in respect of one and the

same shop; and

(6 ) The shops to which the notices relate are not situated in

the same building nor in adjoining buildings.

(3) When a shopkeeper has by a notice under this section stated

that any shop belongs to a class of exempted shops, no notice under

this section whereby he states that such shop belongs to another

class

class of exempted shops shall be valid, if the last-mentioned notice is

delivered within a period of three years-

(a) From the date of the delivery of the notice first mentioned

in this subsection; or

(b) From the presentation of a petition uilder section 49 or 56 of the principal Act with respect to shops of the class men- tioned in the said firstmentioned notice, which are situated in the same Shopping District as such shop.

(4) No shop assistant shall be entitled to sign a petition under section 49 or 56 of the principal Act, unless he has by notice aigned by him and in the prescribed form, and delivered to the Registrar for the Shopping District in which the shop in, or in connection with, which he is employed, is situated, stated in which, or in con- nection with which, of the classes of exempted shops he is employed.

(5) When a shop assistant has by a notice under this section declared that he is employed in, or in connection with, a shop of anv class, no notice under this section whereby be states that he is ekployed in, or in connection with, a class of exempted shops other than that mentioned in the first-mentioned notice shall be valid, if the last-mentioned notice is delivered within a period of three years-

(a) From the date of the delivery of the notice first mentioned

in this subsection, or

(b) From the presentation of a petition under section 49 or 56 of the principal Act with respect to shops of the class men- tioned in the said first-mentioned notice whichare situated iri the same Shopping District as the shop in or in con-

nection with which he was employed a t the time of	the
delivery of the said firs t-mentioned notice.

(6) The Registrar for each Shopping District shall note in the refister kept by him all statements made by valid notices under this section, and for the purposes of any certificate required by section 50, 53, 57, or 60 of the principal Act the Registrar shall not have

of this section, is not entitled to sign the petition or counter-petition	regard to any shopkeeper or shop assistant who, under the provisions	to which such certificate relates.
(7) For the purposes of this section, each division of the First Schedule to the principal Act, numbered 1 to 1-1 respectively, shall be deemed to refer to one class of exempted shops.
(8) No person shall sign any petition or couiiter-petition which by reason of the provisions of this section he is not entitled to sign, nor shall any person sign any petition or counter-petition unless he is under the provisions of section 49, 52, 56, or 69 of the principal Act (according to the circumstances of the case), qualified to sign such petition or counter-petition.

Penalty-Twenty Pounds.

32, Whenever, under Division IV. of Part V. of the prin- Preservation of hslf- holiday when ehop

cipal Act, any shop ceases to be an exempted shop, and the Ceple8tobexempt

closing times for such shop do not provide for the closing PYmt ~ t i t i o n *

thereof

3' GEORGII V, No. I 104.

The Early Closing Act Amendment Act.-1912.

thereof a t or before one o'clock on some week-day in every week and for keeping such shop closed for the remainder of such day, the provisions .of section 48 of the principal Act shall, notwithstanding anything in that Act or this A d, apply to such shop in the same manner as if such shop were still an exempted shop.

Half-holiday for 33. Notwithstanding anything in the principal Act or this Act,

a~mstanta in metau- it shall be lawful for shop assistants, whose ordinary employment, or

rants, &C., may

commence at 2 o'clook.	part of whose ordinary employment, is the preparation or serving of mealp or refreshments, to be so employed until two o'clock on any day, and as regards any such case, sections 48 of the principal
Act and 32 of this Act shall be read as if two o'clock" were
substituted for one o'clock" wherever one o'clock " is mentioned.
Amendment of

motion 66- 34. Subsection (1) of section 66 of the principal Act is amended

Onus of proof. by adding thereto the following subdivision :-

v ~. That any place alleged to be, or to have been, a shop is not,

or wits not, a shop within the meaning of this Act.

Amendment of

section 79- 36, Section 79 of the principal Act is amended so as to read as

Electoral roUe	follows :-
declared correct for

petitiom, &C., under	79. For the purpose of any petition, certificate, or state- ment under this Act the electoral rolls in force at the time of the presentation of such petition, or of the signing of such certificate or statement, as the case may be, shall be accepted as correct, and their correctness shall not be inquired into by any Court, tribunal, or person whatsoever.
this Act.
Bignatures to

petitions to be 36. (1) Every signature to a petition or counter-petition pre-

verified by declara-

sented under the principal Act shall be verified by the declaration of

tions of witnewea.

some person who witnessed such signature; and any signature not

so verified shall be regarded as null and void.

(2) Any such declaration shall be in the prescribed form, and shall be made before a Justice.

(3) Any such declaration may, for all purposes except in proceed- ings for offences under this section, be accepted as corclusive evidence that all signatures purporting to be thereby verified are the signatures of the persons whose signatures they are thereby declared to be.

(4) No person shall wilfully make any false statement in any declaration under this section.

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

Amendmenta of

section 80-	37. Section 80 of the principal Act is amended-
Evidence of sigoa-

tures to petition. I. By inserting the words " or counter-petition" after the

word petition " in the third line thereof; and

n. By adding the following words at the end thereof, namely:

-" and, if the number is stated, of the number of persons, being entitled so to do, who signed the petition or counter-petition." 38. The

3 O GEORGII V, No. 1104. 13

-. -	-- -
The Early Closing Act Amendment Act.-1912.

38. The provisions enacted by sectiona 6, 11, 26, 26, 27, and 28

of this Act shall have the same effect as if they had been contained in the principal Act on the passing thereof, iustead of the provisions for which they are respectively substituted by those sections.

I n the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

P--- -

Adelaide: By authority, R. E. E. Roo~as, Government Printer.North Terraoe.