The Factories Act 1907 (SA)

ANNO SEPTIMO
EDWARDI VII REGIS.
A.D. 1907.
No. 945.
An Act to consolidate and amend the Law relating to
Factories, and for other purposes.
[Assented to, December 21s f , 1907.1
E it Enacted by the Governor of the State of South Australia,

follows:

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

This Act may be cited as " The Factories 4ct, 1907."

Short title.

2, (1) This Act shall come into operation on s day to be fixed Date of operation.
by Proclamation.

A-946

This Act is divided in to Parts and Divisions, as follows: -

Division of ~ c t.

PART

I.-Operation,

Interpretation, and Repeal-

DIVISION I.-Operation

of' Act:

PART	11 .-Adminiatration-

DIV

I SION

I. - Appointment of

Officers:

DIVISION

I I.--Registration of Factories:

D I ~ I S I O N

I I I.-Registration

of Outside Workers.

D I V I S I O ~

IV.-

Records and Notices by Occupiers.

ART II I.-Powers

and Duties of Factory Inspectors.

PART
7' EDWARDI VII, No. 945.
The Factories Act.-1907.

PART	1v.Sanitation in Factories-

DIVISION I,-

Cleanliness and Overcrowding:

DIVISION 11.-Safety,

Conveniences, and Appliances:

DIV~SION

IV.-Lime-washing:

D~VISION

. v.-

Remedying Defects:

L)IVISION

V I .-Meals

Employ6s.

PART v.-

Special Provisions for Certain Trades-

DIV

IS WE( I I .-Dusbgenerating

Factories:

DIVISION

111.-Wet

Spinning Rooms.

PART VI.-Regulation

and iJse of Machinery in Factories

DIVISION I.-Fencing

of Machinery:

OIV

I $ION 11 I.-Restrictions

as to Youtlg Persons and

Females:

PABT

v I I.-Restric

tions regarding Emploj4s i n Factories-

DIVISION I.-Ages

and Working Hours of Employ4s:

Dr VISION

I I. - Working Hours in Factories where Chinese

Employed:

I ~ V I S I O N

111.-Certification

of Fitness for Employment of

Persons Under Sixteen Years:

DIV

ISION 1v.-Employment

of Boys and Females as Type-

setters.

PART	~111.-Wages Boards-

DIVISION I. -

Appointment of Boards:

DIVISION 11.-Records

and Notices by Employers.

DIVISION

111.-Mode of Appointment:

D I v IS I ON

IV.-General

Provisions relating to Constitution

of Boards:

DIVISION v.-Objects

and Duties of Boards:

DIVISION v1.-Piece-work

Hates may be Fixed by

Employer:

DIVISION

v11 .--Aged,

Slow, and Infirm Workers:

Drv ISION vr 11. -Duration,

Publication, and Application oj

Determinationa:

DIVISION

7' EDWARDI VfI, No. 945.

*

The F&o&

Ad.1907.

DI r IS ION

I X.-Suspendion

6f Determination0:

DIVI~ION

X.-- Powers and Duties of Inspectore.

DIVISION XI. -Minimum

Wage and Prohibition of

Premiumg and Guarantees.

DIVISION

XI I. -General

Provisions:

DIVISION

x111.-Court of Industrial Appeals.

DIVISION l.-Proceedings

to try title of Member of

Board and Validity of Determination:

I V ISION

r I l. -Summary

Procedure and penal tie^.

PART

PAET I.

OPERATION, INTERPRETATION, AND REPEAL.

(1) This Act applies to the Metropolitan area.

cf*

1904,

Paotories

eec.

A&, F~O-

toriee Act, 1900, m.
4 ;Vie. Aot, No. 1976,
eec. 6.
(2) The application of this Act, or of any part thereof, may Exten~ion of
(subj act to section 5) be extended by Proclamation to any portion app'iatiO" Of '".
of the State specified therein.
(3) No such Proclamation shall be issued until after the passing b o l u t i o n of both

by both

Houses of Parliament of

a resolution affirming the desira- H ~ u 8 m m q ~ i d.

bility of such extension.

of Parliament affirming the desirability thereof, revoke, alter, or extension of Act -

(4) The Governor may, upon a resolution paased by both Houses Revocation of

vary any Proclamation made under mbsection (2).

(5) When a determination of a Board has, pursuant to section 105, subsection (2), been applied to any locality or area outside the metropolitan area, this Act, so far as its provisions may be neccssary to give effect to such determination, shall apply to such locality or area.

5. The application of

Parts I. to V 11. inclusive shall not, 'as Exemptions fmm

regards agricultural, horticultural, viticultural, or

pastoral pursuits,

Vic. Act No. 1975,

or butter or cheese making, be extended to any employer or employ6 ,

engaged therein, or to any factory connected therewith.

DIVISION

11. -INTERPRETATION.

6, In this Act, unless inconsistent with the context-
Act " includes Regulations made hereunder:
Apprentice "
7 O EDWARDI VII, No. 945.
The Factories A d. 1 9 0 7.

PART I.

" Apprentice " means and includes-

- -

DIVISION

11.

(a ) A person under twenty-one years of age who is bound by indentures of apprenticeship, entered into prior to the wassina of this Act, which bind the em- ployer t i ins&ct such for a period of not less than three years, in the particular process, trade, business, occupation, or calling carried on by such employer, or in any part thereof approved by the Chairman; and
( b ) A person under the age of twenty-one years who is bound by indentures of apprenticeship, entered into after the passing of this Act, which bind the employer to instruct such person in the particular process, trade, business, occupation, or calling cai~ied on by such employer, or any part thereof approved by the Chairman, and which indentures-
I. Are in the form prescribed by the order made
by the Board pursuant to section 93, sub-
section vr.; and
11. Are entered into for the term prescribed by
snch order: or where no such term is prescribed, then for a term of not less than three years:
(c) A person bound by indentures of apprenticeship approved by the Chairman under section 97, sub-

section

( l); and

(d) A person bound pursuant to section 9'7, subsection (2),
by indentures of apprenticeship which comply with the order made by the Board pursuant to section 93, subsection F I.:

(e)

Any person under the age of twenty-one years who has

completed his apprenticeship, such apprenticeship

having been for a term of not less than three years:
'C Board " means the Wages Board appointed under this Act in
respect of the particular process, trade, business, occupa-
tion, or calling, or group, or part concerned:

Chairman " means the Chairman of

the Board:

" Chief Inspector " means the Chief Inspector of

Factories:

" Child " means a person under the age of thirteen years:
" Clothing or wearing apparel " includes boots and shoes:
" Factory " means and includes-

cf. 1 ~ a.	VII., c.22,	(1) Any premises or place within which or the precincts thereof the occupier employs any one person at manual labor which is exercised by way of trade or for purposes of gain in or incidental to-
sec. 149.

r. Any handicraft;

11. The

7" EDWARDI VII, No. 945.

The FUG%&

A d. 1 9 0 7.

r l. The making of

any article or part of

any

I -

article; or

DIVIBION

11.

I 11 . The altering, repairing, ornamenting, or finish-
ing of any article; or
m. The adapting for sale of any article;
and to or over which premiees or place or the pre-
cincts thereof the employer of any person so workil~g
therein has the right of access or control.
(2) For the purposes of registration and the computation of registration fees, any number of adjacent buildings or places.
Furniture" means furniture of which woad forms a part, and
such as is usually made by cabinetmakers, chairmakers,
couchmakers, upholsterers, woodcarvers, or woodturners:
Gwette " means The South AuslraZinn Government Gazette:
*'Handicraftv includes any work whatsoever done in any laundry or dye works, and whether or not done in pm- paring or manufacturing articles for trade or sale:
Improver " means and includea-
(a) Any person who
I. Is not an apprentice; and

11. Is not over the age of

twenty-one yearn; and

( 6 ) Any person who, being over the age of twentyane
years, holds a licence from the Chairman to be
paid as an improver:
'I Inspector" means an inspector of factories appointed under this Act, and includes the Chief Inspector:
Laundry " shall not include-
(a) Any prison, reformatory, industrial school, or home for

erring women; or

( 6 ) Any institution conducted exclusively for charitable pur-
poses;
Machinery " includes any driving strap, band, wire, rope, or cable of any kind:
Metropolitan area " comprises the whole of the area contained in the present Electoral district^ of Adelaide, Torreng and Port Adelaide:

Mill-gearing " includes every shafi, whether upright, oblique, or horizontal, and every wheel, drum, or pulley, or appli- ance by which the motion of the first moving power is communicated to any machine in a factory:

" Xinister " means the Minister of

Industry or the Minister of

the Crown for the time being performing the duties of
Minister of Industry: 0 " Occupier "

EDWARDI VII, No. 945.

The Pmtories Ad.-1907.

" Occupier "

means the p e r m, company, corporate body, or

association employing persons in a factory, and include8 any agent, manager, foreman, or other person acting or apparently acting in the general management or control of any such factory:
" Parent-" means parent, guardian, or person having the custody of or control over any young person or child:
" Proclamation " means a Proclamation by the Governor pub- lished in the tfazette :
" Preecribed " means prescribed by regulations made under thL
Act:

" Woman " means any person of

the fkmale sex over the age of

sixteen years:
Young person " means a boy or girl between the age of thirteen and sixteen years.

Penaltiee.

7, Where a penalty or term of imprisonment is mentioned in 01

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

Dl VIBION

111.-REPEAL.

Repeal.

8. (1) The Actsmentioned in the First Schedule are herebyrepealed.

Baving~~.

(2) Such repeal shall not affect any right, interest, or liability

already created, existing, or incurred, nor anything lawf'ully done or

suffered under any of the said Acts.

(3) Any proceeding in respect of such right, interest, or liability may be carried on as if such repeal had not taken place.

(4) All officers appointed under the repealed Acts and in ofice b t
the time of such repeal shall be deemed appointed under this Act.

( 5 ) All orders and notifications made under the repealed Acts and

in force at the time of such repeal shall be deemed to have been made

under this Act.

PART 11.

ADMINISTRATION.

DIVISION

I.-APPOINTMENT OF

OFFICERS.

Gerernormayappoint

9, The Governor may appoint a Chief Inspector and so many

inspectore.

Facton.n	, r g r,	inspectors as may appear necessary.
aec. 6.

Districts.

10, The Minister may, for the purposes of this Act, divide the

See Vic. Act No.	State into such and so many districts as he thinke fit, and allot or
1976, WC. 9.	assign one or more of such districts to one or more inspectors.
practitmnere.

uertiping medical

11. (1) The Minister may-

Vic. Act NO. 1976,	( a ) Appoint any persons, being legally qualified medical practi- tioners, to be certifying medical practitioners for the pur- posea of this Act; and ( b ) Allot
sec. 10.

---	7 O EDWARDI VII, No. 945.

The Pactmies Act .1907.
( b ) Allot or assign one or more districts under this Act to one or
more certifying medical practitioners.

(2) In any part of the State to which no certifying medical practitioner has been allotted or assigned hereunder, every public vaccinator shall, without further or other authority than this section, be and act arr certifying medicd practitioner within the district for which he is public vaccinator.	act in certain c a m.
Public vaccmators to

12. No person shall occupy or use a factory unless and until the	Factory not to be
used until registered.

same is duly registered.

New Zealand Aot, 69

of 1901, sec. 10.

Penalty, Five Pounds for every day during which such unregistered

Factories Act. 1900

factory is occupied or used.

secs. 62 and 63.

13. (1) Every person-	registration.
Application for

( a ) Who is in occupation of

a factory when this Act coma into

Factories Act 1894,

sect. 6.

force (whether such factory is registered under the Acts

Vic. Act No. 1976,

hereby repealed or not); or

em.

( b ) Who, after this Act has come into force, goes into occupation
of a factory; or
(c) Who is in occupation of a building or place which becomes

for the first time, or, after a period of disuse, again

becomes a factory;

shall register such factory.
(2) The registration of a factory shall be renewed every five years.
(3 ) Application for registration or for renewal of registration shall be in writing in the prescribed form, served upon or posted in a registered letter addressed to the Chief Inspector a t his office.

(4) Such application shall contain--

Contante of

applioation.

(a ) The full name of such person and a desc~iption of his
factory;
( b ) The place where it is situated;
(c) The nature of the work carried on or to be carried on
therein;
l
(d) A description of the motive power (if any) therein;
( e ) The trade name (if any) under which the business of the
factory is carried on; and
( f ' ) Such further particulars as may be prescribed.
(5) Applications for registration shall be served or posted within When to be made.
the times following :-

( a ) Under division ( a ) of

subdivision (l)

of this section, within

three months after this Act has come into force:
( b ) Under
( b ) Under division (b), within twenty-one days of such going

into	o.ccupation:

(c) Under division ( c ) within twenty-one days of such building
or place becoming or again becoming a factory.

Registration fee.

( 6 ) Every application for registration or renewal of registration shall

be accompanied by the fee required by this Act.

Approval of

Chef Inspector to

14. ( 1 ) No building or place which a t any time after this Act

opening of factory.	has come into force-
Vic. Act No. 1975,

WC. 21.

( U ) Is about to become for the first time; or

( b ) After a period of

disuse is about to again become a factory,

shall be registered until the Chief Inspector has in writing
certified-
(a ) That such building or place is suitable for a factory; and
( 6 ) That the' prescribed requirements have been complied with.

Exemption.

(2) This section shall not apply to any premises or place which by

any extension of this Act, under section 4 hereof, becomes for
the first time a factory.

Registration.

15. ( 1 ) Registration or renewal of registration shall be effected

Vic. Act No. 1976,	by entering in a register to be kept by the Chief Inspector such par-
sea. 13.	ticulars as may be prescribed.

(2) Such register shall be either in the form set out in the
Second Schedule or in a prescribed form.

Annual fee.

16. (1) The annual fee to be paid in respect of every fac-

Vic. Act No. 1976,	t ory-
sec. 14.

(a) Shall be that specified in the Third Schedule;

( b ) Shall, in the year when such factory is first registered,

accompany the application for registration; and
(C) Shall in each and every year thereafter be paid by the
occupier of such factory on or before the thirty-first day
January.

Half fee where	(2) When any factory is opened during any year after the thirtieth
factory, &C., opened

after 30th June.

day of June the fee to be paid on registration for that year shall be

one-half of the rate specified in the said Schedule.

factory to be deemed

Indefaultof pyment

(3) Any factory in respect of which such annual registration fee

unreptered.	has not been paid shall be deemed to be not duly registered.
factory.

Notice cloeing

17, The occupier of a factory who intends to close and cease to

Fwtoriee Act, 1900,

use it ahall give the Chief Inspector seven days' previous notice in

se~.

writing of such intention.

Penalty, Five Pounds.

DIVISION
7' EDWAKDI VII, No. 945.

The P&&

Ad.1907.

--
~ ' A E T It.

DIVISION

111.-REGISTRATION

OF OUTSIDE

WORKERS,

DIVIBIOX

111.

18. (1) Every person who outside a factory wholly or partly (%$:E',"",:
S
prepares or manufactures, either directly or indirectly, any nr ticle a d d m m.

for the occupier of

such factory for trade or sale shall, either per- F M ~ O ~ ~ M

A C ~,

1900,

sonally or by written notice, register with the Chief Inspector-	sec. 12.
Vic. Act No. 1976,

( a ) His full name and address; and	sec. 23.
( b ) Any change in such address from time to time.

(2) Every person so 'egistered

shall answer all questions put to

him by an inspector-
( a ) As to the person for whom the articles are being prepared or manufactured; and
( 6 ) 'The price or rate to be paid to him therefor
Penalty, Ten Shillings.

I)~VISLON

W.-RECORDS

A N D

NOTICES

BY OCCUPIERS.

DIVISION

IV.

19, (1) Every occupier of

a factory shall-

Records and notices

by occupiers.

( U ) Make and keep a true record in such form and giving such F,toriea

1904

particulars as may be prescribed of the names, work, and sec. 10.

wages of

the persons employed in such factory, and the S w Y i ~.

Act No- 1975

age of every such person undw twenty-one years of age:

of 1906, sec. 20.

(6) Produce such record for inspection, whenever demanded by Production to
an inspector, and forward annually and at the prescribed inspector.
time a true copy thereof to the Chief Inspector: -
(c) Affix and keep affixed in legible characters in some con- tnformstion tobe

spicuous place, and so as to be easily read by his employ&, wed	in facbr~-
a notice containing-

I. The name arid address of the inspector for the N W O ~

inapeator.

district:

11. The holidays and the working hours of the Holiday.

employ&:
111. True copies OF abstracts of such parts of this Act Abstracteof actand
and regulations thereunder as may be prescribed: regulations.
IV. The name and address of the certifying medical
practitioner for the district:

(d) Affix and keep affixed in legible characters, in such place ab ~ u n e

of mupier.

an inspector may direct or approve-
I. The name of such occupier; or,
11. If such occupier is a company, the registered name
of such company; or,
111. If such occupier is a f i m, the firm name:

(ej Affix and keep affixed in legible characters, in such lace as Beoordof fines.

an inspector may direct or approve, a detailed record of all

fines levied by such occupier upon his employ&:

8-946

( j ] Forward 1

7' EDWARDI VII, No. 945..

The Factories Act.-1907.

-- -

( f ) Forwwd to the Chief Inspector a copy of such record of fines at such times and in such form as may be prescribed.
Penalty, One Pound for every day during which any of the pro- visions of this section are not complied with.
Record of outside

work done for

20. (1) Every occupier of a factory for whom, directly or in-

factories to be kept.	directly, outside such factory any person wholly or partly prepares or manufactures any article for trade or sale shall also keep in the prescribed manner a record of-
Factoriee Act, 1800,

sec. 11.	(a) The description and quantity of such work; and
Yic. Act No. 1976,	( b ) The name and address of the person by whom the same is

sec. 21.

done; and

( c ) The prices paid in each instance for such work.
Penalty, 'l'wo Pounds for every day during which, without reason- able excuse, such record is not kept.
Inepectors mey

examine mme.	(2) Snch record shall be kept for the information of the inspec- tors, who alone shall be entitled to and may at all reasonable hours inspect and examine the same.
to Chief Inspector.
Record to be supplied	(8) Every such occupier shall, whenever demanded, forward such record or a true copy thereof to the Chief Inspector. Penalty, Ten Shillings.
And may be published

b authority of

(4) The Chief Inspector shall publish in the Gazette any parti-

diniet er.

culnrs contained in any such record, including the name and address

of such occupier, as the Minister may direct.

Limitation on	( 5 ) No such particulars shall be so published except in	regard to
publishing.

some breach of this Act for which such occupier has been convicted.

Meaning of

(6) Every person who issues or gives out, or authorises or permits to be issued or given out, any article for the purpose of being wliolly or partially prepared or manufactored o~ltside a factory for trade or for sale shall be deemed to be the occupier of it factory

" occupier '	in
thin section.

for the purposes of this section.

Exempt ion.

(7)

No person shall be convicted under subsection (l)

who proves-

(a) That he acted in good faith and without any intention to
evade the provisions of this section; and
(6) That, on demand made by or on behalf of the inspector, he
gave all information in his power with respect to the
alleged offence.

Inspector divulging

21. (1) No inspector shall divulge the contents of any record

contents of record.

of persons employed in or of the work done in or outside of a

Act No l g r 5 9

factory, except to the Minister or the officers of

his department:

aec. 24.
(2) No inspector or ufficer shall make use of his knowledge of the contents thereof, except for the purpose of the compilation of general statistical information as required by this Act, or for the
purpose of enforcing the provisions of this Act.

'fwo years' imprisonment.

PART

7' EDWARDI VII, No. 945.
The Factories Act.1907.

PART 111.

I'ABT 111.

POWERS AND DUTIES OF FACTORY INSPECTORS,

22. (l ) Every inspector may-	Powera of inspector.
Factories Act, 1894,

( a ) Entel;	inspect, and examine-	WO. 8.
See Vic. Act No. 1975,

Any factory at any time when he haa reasonable cause ,

,,.

to believe that any person is employed therein; and

I I.	At all reasonable times any place which he has reason-

able cause to believe to be a factory:
(b) Take with him a constable into a factory or place in which he
has reasonable cause to apprehend any serious obstruction
in the execution of his duty:
(c) Inspect and exatnine machinery in any factory:
(d ) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and of all health laws are complied with, as regards the factory and the employ& therein:

( e ) Report to the Board of

Health for the district any breaches

of the health laws:
( f ) Question, with respect to matters under this Act, every person whom he finds in a factory, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory, and require such person to answer the questions put, and to sign a de- claration of the truth of his answers:
(g) Require the production of any book, notice, record, list, indentures of apprenticeship, or document which is by this ,4ct required to be kept or exhibited, and inspect, examine, and copy the same:
( h ) Exercise such powers and authorities as may he prescribed.

23. (1) An inspector entering, inspecting, and examining a lc,,,mpani.d by

Inspector may be

factory may take with him an interpreter.	interpreter.
Vic. Ant No. 1976,

''S

(2) Any question or requisition made on behalf of

such inspector

by such interpreter shall be deemed to have been put or made by the ~ ~ $ ~ ~ ~ ~ ~ ~ ~ & c. ~
inspector, and the answer thereto made to the interpreter shall be Ibid.
deemed to have been made to the inspector.

24. The occupier of a factory shall at all reasonable times furnish'

on.

the means required by an inspector necessary for the exercise of his

A C ~,

1894,

S ~ C.

10.

duties and powers in relation to such factory.

Vic. Act No. 1976,

sec. I T.

25, Every oaaer, requisition, or determination made by an in- Orders, &C., to be in

writing.

spector shall be in writing, and served on the occupier.	Factories Aat. 1894.
sec. 21.

26, Every inspector-

~ertiticatee

appointment of
(a) Shall be furnished with a certificate of his appointment; and inepeotomh
7" EDWAKDI VII, No, 945.

T h

Factories

A d. 1 9 0 7.

'
Faototiea Aut, l&,

m. 8.

( b ) On applying for admission to a factory, or any place which

Tic. Act No. 1976	he has reason to believe to he a factory, shall, if required,
aec. 19.	produce such certificate to the occupier.
Obstruction a breach

of tbia Act.	27. No person shall-
Faitoriea Act, 1894,

eec. 11.	(a ) Obstruct or wilfully delay an inspector or interpreter in the execution of his duties or powers; or
Vic. Act No. 1976,
m e. I7 and 18.	( b ) Omit to comply with the requirements of section 24, or of any direction which the inspector is authorised to give pursuant to this Act; or
(c) Omit to truly answer or reply to any question which any inspector is authorised to ask under section 22 ; or
(d ) Fail to produce any book, notice, record, list, or document which, pursuant to section 22, he is required by an inspector to produce; or
(e) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so

' to do.

Penalt for forgery,

Penalty, Ten Pounds.

olasrtifiarte. Factories Act, 1894

m. 26.

28, No person shall-

Vic. Act No. 1975,

(a) Forge or counterfeit any certificate of appointment; or

19.

( h ) Make use of any forged, counterfeited, or false certificate; or
(c) Falsely pretend to b,e an inspector under this Act.
Six months' imprisonment.
Report by Chief Inspector.
Chief Impector to

report annually

29. (1) The Chief Inspector shall prepare an annual report for for the purpose of informing Parliament of the course and conditions

Yic. Act No. 1075,

the Minister.

sec. 25.

(2) Such report shall be of a general and comprehensive character, of trade.

(3) Such report shall not-
(a) Refer by name to any particular occupier of a factory or employer engaged in any process, trade, business, occupa- tion, or calling in respect whereof a Board is appointed; or
(6) Be so framed as to readily admit of the identification of any such occupier or employer.
(4) Such report-
(a) Shall show as nearly as possible the whole number of persons engaged in working in factories;
( b ) Shall classify them according to their sex, age, and average

weekly ea.rnings, whether in wages or by piecework, or

both in wages and by piecework, in each branch;

(c) Shall
7' EDWARDI VII, No. 945.
The Pactorh A d. 1 9 0 7.

(c) Shall show their hours of labor;	PART 111.
(d) Shall show the percentage of work done in the factories and

the percentage of work done outside thereof; and

( e ) Shall contain such other pa.rticulars as the Minister may
require.

PART 1V.

PART

IV.

SANITATION I N FACTORIES.

~ I I V I S I O N

I.-CLEANLINESS

A N D

OVERCROWDIXG.

DIVISION

30. The occupier of a factory shall keep thc same clean and free sanitarr condition

of factory.

from effiuiia arising from any drain, privy, urinal, or nuisnnce.	Factories A C ~,	1892,
W. 12.

Vic. Aot No. 1976,

31. (1) A factory or any portion thereof-

sec. 26.

(0) Shall not be so overcrowded while work is carried on therein as to be injurious to the health of the persons employed

o ~ e ~ r o w d i n ~ ~ -

therein:

( b ) Shall contain the prescribed amount of cubical space for Ventilation.
each person employed; and
(c) Shall be ventilated in the prescribed manner, and so as to Ventilation.
render harmless, as far as practicable, all the gases, vapors, dust, and impurit,ies generated therein, and injurious to health.
(2) Every heating appliance in any factorv, whether used for Heating appliances.

warming persons therein enyaged, or for the manufacturing process, KC.

ac t NO. 2008,

shall be provided witl: a floe of such size and construction as may "a

be prescribed, unless the factory is of such open construction us to

render such flue unnecessary.

(3) A factory in respect whereof there ie a contravention of this section shall be deemed to be not kept in conformity with this Act.

the occupier of a factory which, or any part of which, in the opinion in factory.

32. (1) Written notice shall be given by the Chief Inspector to Notice of defect0

Vic. A O ~

NO. 1975,

such inspector, is defective by reason of

being-

sea. 27

( a ) Dilapidated;

( b ) Unsafe; or
(c) Unfit for use; or
(d) Injurious to health; or
( e ) Insufficiently yrovided-
r. With privies or urinals; or
11. With proper appliances for the extinction of fires; or
r 11. With sufficient means of egress in case of fire; or
I V. With natural light, where reasonably practicable.
(2) Such
I*
14 7" EDWARDI 1 1 No. 945.

PART DIVISION

IV.

The Factories Act.-1907.

I I.
pp---

Cortenb of notice.

(2) Such notice shall specify-

(a) The nature of the defect;

( h ) The repairs, alterations, or improve~nents

required to be

made; and
(c) 'l'he time within which such repairs, alterations, or improve-
ments are to be completed.
Power to cancel

wgietration.

(3) Unless such repairs, alterations, or improvements are coni-

pleted within the period in that behalf specified in such notice. the khief Inspector mBy lay an informatioi before it Justice of' the Peace that the occupier has failcd to comply with the provisions of this section.
(4) Upon such information the occupier shall be suinmoned to

appear before a Special Magistrate, to show cause why the registra-

tion of such factory should not be cancelled.

( 5 ) Unless the occupier satisfies him that such factory or such part thereof is not defective in any of the matters set forth in the notice, such magistrate shall make an order specifying the repairs, alterations, and improvements to be made, and a time for effecting the same.
(6) If the occupier fails to comply with such order the Minister may instruct the Chief Inspector to cancel the registration of such factory, and the same shall not be re-registered until such orders are complied with.
Doom, &c-, to be kept

clear of obetructiona.

33. ( 1) The occupier of a factory shall keep all doors, passages,

Vie. Act No. 2008,

and staircases thereof-

m.	6.	(a ) Clear and free from obstruction; and
( b ) In such manner as to be always available as a means of

(2) No person shall in any way whatever obstruct or permit to be

escape.

obstructed any such door, passage, or staircase. offence Twenty Pounds.
Fire prevention

appliancm to be kept

34. (l) The occupier of a factory shall keep all prescribed

ready for U=.	appliances (including fire-buckets full of water) fbr the prevention
Vic. Act No. 2008,	or extinction of fire in a constant state of repair, and available for
aec. 7.	immediate use.

(2) A factory in which such appliances are not so kept shall be
deemed to be not kept in conformity with this Act.
Provisione as to

sleeping places at

35. (1) No factory where any person is at any time employed

faotorim.

shall be used as a sleeping place.

(2) No

7' EDWARDI VII, No. 945.

The Factories Act.--1907,

- 4 P-

(2) No room or place connected with or in the same enclosure as any such factory shall be used as a sleeping place, unless such

P*BT m.

DIVX~ION

111.

sleeping place is effectually separated from the factory by a Vic. ~ c t

NO. I 975,

substantial mall or partition extending from the floor to the ceiling

sec. 28.

(3) No person shall let or occupy, or continue to let, or knowingly suffer to be occ~pied,	any factory, room, or place contrary to this
section.

Penalty, for the first offence Two Pounds, and for every subsequent offence Five Pounds.

36. ( l ) The

Chief

Inspector

map,

by notice

under his hand, ~ i m e - a k h i n g o f

require the occupier of a factory to cause to be lime-washed, or interior of factories.	Vic. Act No. 1975, ,
washed with some wash liquid approved by the Chief lnspector-	sec. 30.

(0) All the internal wall surfaces of such factory; and
( 6 ) All the ceilings or the internal surface of the roof where
not ceiled:
which have not been painted with oil paint or varnished once at
least within the seven years prior to the service of such notice.
(2) .In the case of surfaces or ceilings which have been so painted or varnished, the Chief Inspector may in like manner require such occupier to cilnse the same to he washed with hot water and soap once nt least within w w y two years, to date from the period when last painted or so washed.
(3) 4 factory in respect whereof there is a contravention of this section shall be deemed to be not kept in conformity with this Act.
, This section shall not apply to blacksmiths', agricultural im- plement maliers', and wheelwrights' shops, foundries, saw-mills, bone-mills, tanneries, rope-wdks, smelting works, chaff-cutting,

(4)

corn-crushing, wool-washing, or boiler-making establishments.

37. (l) An occupier served with a notice under section 36 may Appeal to Minister.

appeal to the Minister.	Vic., A C ~	KO.	1976,
sec. 36.

(2) The Minister may-
(a) Cancel such notice and direct the Chief Inspector to serve a

fresh notice; or

( b ) Dismiss the appeal.
38. ( 2 ) Where it appears to an inspector that any act, neglect, Xoticosbyinspfot~r

or default, in relation to any drain, watercloset, ear thcloset, privy, :

!E,"

aslipit, water snpply, nuisance, or other matter in a factory is factory.

punishable or remediable under the health laws, but not under this Tic.	NO. 1976,
Act, such inspector shall give notice in writing of such act, neglect, sec.2g. or default to the Board of Health for the district in which such factory is situate. (2) Such

7' EDWARDI VII, No. 945.
The Fadories A d. 1 9 0 7.

Board to act.	('1) Such Board shall thereupon make such inquiry and take such action as to such Board may seem proper.
Power of inspector.	(3) An inspector may, for the purposes of this Act or the health laws, take with him into a factory an officer of health, inspector of nuisances, or other officer of the Hoard.
(4) Any such officer of health, inspector of nuisances, or other officer of the Board may, at all reasonable times, enter and inspect any factory.

DIVISION V1.-MEALS OF

EMPLOY&S.

Interval for meale.

39. (1) No employer shall, except when the operation of this

Tic. Act No. 1975 of	section is suspended, employ continuously in any factory for more
1!!05, sec. 31.	than five hours, without an interval of at least half an hour for a
Factories Act, 1894,
B. 17.	meal, any woman, young person, or child. Penalty, Five Pounds.
('L) The Millister may suspend the operation of this section when- ever, in his opinion, the exigencies of trade so require.

(3) A notification of such suspension shall be published in the
Gazette.

Meals not to be taken	40. (L)	No occupier of a factory shall permit or sufTer any person
in room where

employ68 are working	therein to take any meal in any room in such factory-
or m certain CRSe8
where emp:oy6a have	which any manufacturing process or handicraft is then
been working.	being carried on; or
Vie. Act No. 1976 of
1905, sec. 32..	which persons employed are then engaged in their em- ploymen t.

(2) An inspector may exempt from the provisions of this section
any tactory which is of open construction, and in connection with
which the occupier has provided a meal-room approved by the

inapec

tor.

(3) No occupier of a factory in which is carried on any manu- facturing process, handicraft, or employment declared by the Gover- nor to be noxious shall permit or suffer any person to take a meal

in any room therein in which any person has during the day been
employed.
(4) Every occupier mentioned in subsection (3) shall provide a fit

and proper room where his employ& may take their meals.

Penalty, Five Pounds.

(5) The Minister may, by written licence, exempt the occupier of a factory from providing a meal-room.
p-

PART V.

SPECIAI, PROVISIONS FOR CERTAIN TRADES.

DIVIBION

D~SISION

1.--BAKEHOUSES.

Lime- waehing,

painting, and	41. (1) The occupier of every bakehouse-
warhing of the

interior of

(a) In ' which bread or pastry is baked for 6ale or gain; and

klrah~w(u.	.	(6) Which
7' EDWAKDl VII, No. 945.

The Factories A d. 1 9 0 7,

(	Which is situated within a city, town, or township,

shall either paint with oil paint, or varnish, or wash with lime, or	Vic. Act Ro. 1976,
some other wash liquid approved by the Chief Inspector, all the	sec. 33,
internal wall surfaces, ceilings, and internal surface of the roof, where	New Zealand Act
not ceiled, of such bakehouse.	1901, W. 42.
(2) Where paint or varnish is used, there shall be three coats thereof, and the same shall be renewed once at least in every seven years, and shall be washed with hot water and soap once at least in every twelve months.
(3) Where limewash or other approved wash liquid is used the same shall be renewed once at least in every six months.
(4) A bakehouse in respect of which there is a contravention of this section shall be deemed to be not kept in conformity with this Act.
42. (1) No place on the same level with any such bakehouse and forming part of the same building shall he used as a sleeping place-	Provision aa to
eleeping places
near bakehow.

( a ) Unless such sleeping place is effectually separated from the	sea. 34.
Vie. Act No. 1976,

bakehouse by a partition extending from the floor to the

New Zealand Aot,

ceiling; and

1901, sec. 42.
(6) Unless there is an external glazed window of at least nine
supeficial feet in area, of which at least four and a half
superficial feet are made to open for ventilation.
(2) No person shall let or occupy, or continue to let, or knowingly
suffer to be occupied, any place contrary to this section. offence Five Pounds.

DIVISION

IT.

43. (1

) 'She Chief Inspector may order that a fan or other

Provision as to

ventilation by fan

properly constructed mechanical means for preventing inhalation of	in factories.
dust by the workers be provided by the occupier, and continuourly	Vic. Act No. 1976,
used in every factory, when -	sec. 36

( a ) Any process is carried on by which dust is generated, and by the workers inhaled to an injurious extent; and

( b	j In the opinion of the Chief Inspector such inhalation would be to a great extent thereby prevented,

(2) Such order shall specify-
(a) The mechanical means to be provided; and
( b ) The time allowed for providing same.
(3) A factory in which such order is not complied with shall be deemed to be not kept in conformity with this Act.

vrsro~

18 7' EDWARDI VII, No. 945.
The Factories Act.1907.
-pp---

PAXT	V. ------------p

DIVISION

IIL.

DIV

r s r o ~

TIT. W E T

SPINNING

ROOMS.

Pm*tion

of worke=

44. (1) No oecupier of a factory shall employ any female or any

in wet spinning.
male under eighteen years of age in any part of such factory in
Act No. 19769

sec. 36.

which wet spinning is carried on, unless sufficient means be con-

tinuously used-

(a) For protecting the workers from being wetted; and

( b ) Where hot water is used, for preventing the escape of

steam

into the room occupied by the workers.
(2) A factory in which such means are not continuously used shall be deemed to be not kept in conformity with this Act.

PABT

VI.

PART VI.

REGULATION AND USE O F MACHINERY IK
FACTORIES.

Inspector to be a

45, .Every inspector under this part of this Act shall be a

qualified mechanic.

Factories Act, 1900,

qualified mechanic.

Traversing carriage	46, (1) No occupier of a factory shall permit the traversing
of nelf-acting

machine.	carriage of any self-acting machine therein to run out within a
Factories Act, 1900,	distance of eighteen inch& from any fixed structure not being part
sec. 39.	of the machine, if the space over which it so runs out is a space
See N.S.W. Act,
1896, W. 26.	through which any person is likely to pass.

Dangerous machinery	(2) The occupier of a. factory shall securely fence or safeguard-
to be fenced.

Factories Act, 1900,

(a ) All dangerous parts of' the machinery therein, and in

aec. 40.	particular:
See N.S.W. Act,

1SS6, sec. 28.

( b ) Every hoist or teagle near to which any person is liable to pass or to be employed, and every fly-wheel directly con- nected with the steam, gas, oil, electric, water, or other mechanical power, whether in the engine-house or not, and every part of a steam-engine and water-wheel; and

Vic. Act No. 1976,

sec. 68.

(c) Every wheel-race, unless the same be securely fenced close to the edge of the wheel, race; and
(d) Every part of the mill gearing, unless the same be in such position or of such construction as to be equally safe to every person employed in the factory.
(3) Such occupier shall cause all fencing and safeguards to bc constantly maintained in an efficient state while the parts required to be fenced or safeguarded are in motion or use for the purpose of any manufacturing process.

(4) A factory in which thn above provisions are not observed shall be deemed to be not kept in conformity with this Act.
47. ( 1) An
7 O EDWARDI VII, No. 945.
The Factories Act.-1907.

47. (l) An inspector shall serve on the occupier of

a factory a

PAET v ~.

notice requiring him to fence or safeguard, and keep fenced or - DIVI~JOX

I. -

safeguarded-

Fencing of other

dan rous

( a ) Any part of the machinery therein:	rnacgnery and
structures umn

I. To which the provisions of section 46 do not apply; and

r:gpby

I I. Which is not securely fenced; and

sece. 60 and 60'.

Vic. A C ~

NO. 1975,

111. Which is so dangerous as to be likely to cause bodily
injury to any employ8; and
( b ) Any vat, pan, or structure; and
(c) Any stairway, staging, or place
over, on, or near to which any person is liable to be or pass, and
which, in the opinion of the inspector, is dangerous.
(2) Such occupier may, within seven days after the receipt of the notice, serve on the inspector a requisition to refer the matter to arbitration; and thereupon the matter shall be referred to arbitra- tion, to be conducted in manner prescribed.
(3) If the arbitrators or their umpire decide that it is unnecessary or impossible to comply with the notice-
( a ) They shall cancel the notice; and
( b ) The occupier need not comply therewith; and
(c) The Minister shall pay the expenses of the arbitration.
(4) If the occupier-
( a ) Does not within the said seven days serve on the inspector
a requisition to refer the matter to arbitration; or
( b ) Does not appoint au arbitrator within the time prescribed;

or if neither the arbitrators nor the umpire decide that it is unneces-	sary or impossible to comply with the notice, such occupier shall
comply therewith, or with the same as modified by the award.
(5) The expenses of the arbitration in the case mentioned in sub- section (4) shall be paid by the occupier, and shall be recoverable from him by the inspector in any Court of competent jurisdiction.
(6) If the award modifies the notice, the expenses of the arbitra. tion shall be in the discretion of the arbitrators or umpire.
(7) A factory in which the above provisions are not observed shall be deemed to be not kept in conformity with this Act.

48, ( 1 ) An inspector shall serve on the occupier of a factory a Fixing of grlnaatr,tles

seaurely and replacing

notice requiring him to replace or to properly fix any grindstone

*odeton.,

worked by mechanical power, which is so faulty or so fixed as to be

dangerous.

(2) The

7" EDWARDI ' VII, No. 945.

PABT YX.

The Pactor&e~

Act .1907.

Drvre~ox

XI.

(2) The provisions of section 47 shall, with the necessary modifi- cations, apply hereto.

nc,	1076, sec. 61.

DIVI~ION

111.--RESTRICTIONS

AS TO YOUNG

PERSONS

A N D FEN

ALES.

Management af	49,	No occupier of a factory shall permit or suffer any male under
elevators.

Factories Act, 1900,	sixteen years of age or any female to have the care, custody, manage-
sec. 46.	ment, or working of an elevator or lift in a factory.
See N.S. W. Act,
1896, sec. 32.

Restriction on

50. (1) No occupier of a factory shall permit or suffer any male

employment under	under eighteen years of age or any female-
certain age.

Pactoriw Act, 1900,	( a ) To clean any mill gearing therein while tne same is in
sea 46.

Vic. Act No. 1975,	motion for the purpose of propelling any part of the
sec. 62	manufacturing machinery; or

See N.Y.W. Act,	( b ) To work between the fixed and traversing part of	any self-
1896, sec. 32.

acting machine while the machine is in motion by the
action of mechanical power.
Penalty, Twenty Pounds.

Prohibition young

51,

( 1) The Governor may, by order published in the Gazette,

persons working at
danger~usmachiner~. prohibit the employment in any factory of any person under the age
Factories Cct, 1900, of sixteen years at or in connection with any particular machinery or

SW. 44.

class of machinery specified in such order as dangerous.

Vic. Act No. 1976,

SW. $3.

(2) No occupier of a factory shall employ therein any person con-

trary to such order.

Penalty, Twenty Pounds.

DIVISION

IV.

D ~ V I ~ I O N

1V.-ACCIDENTS.

Notice of accidents in

factories.

52, (1) The occupier of a factory shall send written notice to

Factories Act, 1900,	the nearest inspector when an accident occurs therein which-
sec. 48.

N.8.W. Act. 1896.

( a ) Causes loss of life to an employ6; or

eec. 33.

vic. Act No. 1976,

( b ) Incapacitates an employ6 for work for more than twenty-

sec. 64.

four hours.

Contents of notice.

(2) Such notice shall-

( a ) In case of	death be sent forthwith thereafter; and
( b ) In case of	such incapacity be sent immediately after the

expiration of such twenty-four hours:
(C) State the cause of death, or the nature and extent of the
injury, as the case may be, and the residence of the person killed or injured, or the place to which he has been removed.
Penalty, Five Pounds.
Inwctor to inq*

and report.

53, The inspector-

(a) Shall, immediately on receiving notice, proceed to the factory

Factories ~ c t,

1900,

S ~ C. 49.

and inquire into the cause of

such accident;

( 6 ) May question the occupier and all persons employed in such

factory.

54. (1) Every

7' EDWARDI VII, No. 945.

The F&&

Act.-1907.

PART

YI,

-P

DIVI~ION

IT.

54, (1) Every occupier of

a factory shall, at each floor thereof, ~ 0 i. t.

and liha to be

protect the opening of every hoistway, elevator, lift, well hole, or pm**-

Factories Act, 1900,

stairway with good and sufficient trapdoors or self-closing hatches ,,.

45.

and safety catches, or such safeguards as an inspector may approve.	h N.S.W.	A C ~,
1896, sec. 31.

( 2 ) No occupier of a factory shall use or permit to be used therein Ude

or d.ngemul

an elevator or lift which an inspector-	-	elevator or lift.
Faotoriee Act, 1900,

(a ) Considera dangerous; and

sec. 46.

8eeN.S. W. Act, 1896,

( b ) Has given written notice to such occupier not to use.

WC. 31.

Penalty, Twenty Pounds.

55. (1) No occupier of a factory shall use or permit to be used D

therein any machine-	Factories A C ~,	1900,
sec. 44.

( a ) Which in the opinion of

the Minister cannot be used without

See N.S.W. Act, No

danger to life or limb; and

37, 1896, sec. 30.

(b ) The use whereof he has by written notice prohibited.
Penalty, Fifty Pounds.
( 2 ) The Minister shall, in writing, withdraw such prohibition when such machine has been repaired or altered to his satisfaction.

56, The h!hister

may confirm, modify, or annul any decision Minister may modify

or notice given by an inspector under this part of this Act.

or annul tern.

Factories Act, 1900,

sec. 60.

PART VIL.

PART

VII.

RESTRICTIONS REGARDING EMPLOYES IN FACTORIES.

57. No occupier of a factory shall employ therein a child who NO ~ a a d

to bs

employed.

has not-	Factories Act, 1894.
sec. 14.

( a ) Passed the compulsory educational standard; and

Vic. Act 1976, sec. 31.

(b) Obtained the permission of

the Chief Inspector to be so s e e ~. z.

net, 1901,

employed.

eec. 26.

Penalty, Ten Pounds.
58. (1) All females, of whatever age, and all males under eighteen Definition

years of age who work in a factory, whether for wages or not-	' employment	and working	-
for hire.

a manufacturing process or handicraft; or

Vic. Act No. 1976,

cleaning any part of a factory used for any manufacturing =c. 38.
process or handicraft; or
cleaning or oiling any part of the machinery; or
any other kind of work whatsoever incidental to or con- nected with any manufacturing process or handicraft, or connected with the article made or otherwise the subject of any manufacturing process or handicraft, shall
22 7' EDWARDI VII, No. 945.
The Fdmies Act.--1907.

PART

v i l e

shall, save as otherwise herein provided, be deemed to be employed

D I ~ I S I O N	1.	by the occupier.
(2 ) For the purposes of this Act an apprentice shall be deemed to work for hire.

Restriction of

59. No occupier of a factory shall employ a person under

employment in mirror

and white lead	eighteen years of age in any part of such factory in which there is
making.	carried on-
Vic. Act No. 1975,

sec. 39.

( a ) The process of

silvering of

mirrors by the mercurial process;

or
( b ) The process of making white lead.
Penalty, Ten Pounds.
Restriction of

employment in

60. NO occupier of a factory shall employ a male under fourteen

glassworks.

years of age or a female under eighteen years of age in any part of

ViC.hct NO.

,975,

such factory in which the process of melting or annealing glass is

sec. 39

carried on.

Penalty, Ten Pounds.

Reatriction of

61. No occupier of a factory shall employ therein a girl under

employment in brick

makin,

sixteen years of age if there is carried on therein-

Vic. Act No. 1975,

sec. 39.

(a) The making or finishing of bricks or tiles not being ornamental

tiles; or
( b ) The making or finishing of salt.
. Penalty, Ten Pounds.

Beetriction of

62. No occupier of a factory shall employ a person under sixteen

employment in metal-

aodlucifer

years of age in any part of such factory in which is carried on-

match- dipping.

Vie. Act No. 1975.

( a ) Any dry grinding in the metal trade; or

sec. 39.

( b ) The dipping of

lucifer matches

Penalty, Ten Pounds.
Restriction of

employment in

63. No occupier of a factory shall employ in fustian cutting or

metal trades.

in any grinding in the metal trades other than dry-grinding a person

Vic. A C ~.	NO. 197.5,	under the age of fourteen years
sec. 39.
Penalty, Ten Pounds.

Notices to be ~ t e d 64. The occupier of a factory shall affix and keep affixed, in
in factory. legible characters, in some conspicuous place therein, and so as to
Act No- lg76

sec 39.

be easily read by the employ&, a copy of such of the sections 59, 60, 61, 62, and 63 as are applicable to such factory, such notices to be supplied by the Minister.

Penalty, Ten Pounds.

66.

(1) No

7 O EDWARDI VII, No. 945.

PART

VII.

The Factories Act.-1907.

DIVISION

65. (1) No occupier of a factory, shall, except as in subsection w n ~ i n g

h o ~ m

for

(2) provided, employ or authorise or permit to be employed therein women, children, and

- .- -

young persons.

any child, young person, or woman-

( a ) For more than forty-eight hours in any one week; or

sec. 66.

Factoriee A C ~,

1908,

( b ) For more than ten hours in any one day; or

Vic. Act No. 1976,

sec. 40.

(c)	Later than nine o'clock in the evening.

(2) In order to meet an unforeseen press of work, the hours of unforeseen

~mvisionfor

press of

employment mentioned in subsection (l) may be exceeded, as regards

women and boys over fourteen years of age, but subject to the Conditions.

following conditions :-

(a ) The hours of employment shall not exceed fifty-five hours in
one week:
( b ) The aggregate number of hours of employment above forty-

eight hours per week shall not exceed one hundred hours

in any one year:

(c) Such occupier shall-
I. Within twenty-four hours after the commencement of such extra working, give to the Chief Inspector the prescribed written notice of having availed him- self of the provisions of this subsection; and
1 1. Give to the Chief Inspector with such notice a full
statement, signed by such occupier, of the facts on which he relies as showing that such working was in fact for the purpose of meeting an unforeseen press of work;
111. Pay overtime for each day on which he avails himself

of the provisions of this section to each wage worker

at the rate of time and a quarter, and to each piece

worker at the rate of rate and a, quarter:

IV. Pay not less than Six Pence tea money to every such
person employed after six o'clock in the evening:
Penalty, for the fist offence Five Pounds, and for any subsequent

offence Twenty Pounds.

66. (1) The Minister shall give notice in writing to such Dbmtisfaction of
occupier if he is not satisfied that such working was in fact for M'n'8ter.

the purpose of

meeting an unforeseen press of

work.

Factories A C ~,

1906,

.	W. 68, 8s- (J).

(2) Unless such occupier, within one month, satisfies the Minister Via. A C ~

NO. 1976,

that such working was in Eact for such purpose, the Minister shall	'O.
direct the Chief Inspector to record that such working was not
in fact for such purpose.

67. No
24 7' EDWARDI VII, No. 945.

occupier to forfeit	67. No occupier shall be entitled to avail himself of the
rightbw0rkovedime

in certain caaee.

provisions of section 65 if the Minister directs such record t o be

#'aclorim

1906, made in regard to such occupier three times within any period of

sec. 66.	twelve months.
Vio. Aot No. 1975,
seo. 40.

Swenaionof sea.66.

(38. (1) The Minister may, upon payment of the prescribed fee,

Factories A C ~,

1906, by notice under his hand published in the Gazette, suspend t,he

am. 56.

operation of section 65-

Vic. Act No. 1976,	(a) I n any factory,	and
sec. 46.

( b ) In all factories of a particular description:
Conditions of sus-

pendon.	(2) Every suspension under subsection ( l ) shall be made subject to such conditions as may be prescribed.
Limitof s w p e n h.	(3) NO such suspension shall have any force or effect for more than two months.

Revocation of

(4) The Minister may, upon breach of any of such conditions,

suspension.

revoke such suspension by a notice posted to the occupier affected

thereby and published in the Gazette.

(r

i7alculation of 69. On any day all persons under sixteen years of age, and all

working time.

Factories Act, 1906, women employed in any capacity in a factory, shall (meal times

sec. 66. excepted) be deemed to be employed therein from the time when they

Vic. ~ c t

No. 2008,

sec. 8.

commence work until the time they leave the factory.

reckoned.

Hours of work, how

70, All the time in any day or week during which any child,

Act No.

young person, or woman is employed at work of any description for

sec. 41.

an occupier shall count in calculating the hours of employment

under section 65.

Employ6s not to be

boarders.

71. (1) NO occupier shall, nor shall the wife or child of such

Factories Act, 1906,

occupier-

sec. 67.

( U ) Directly or indirectly, for any consideration, keep or receive

Vic. A C ~

NO. 2008,

sec. 33	as boarders or lodgers any adult in his employ whose wages
are fixed by a Board; or

( b ) Have any share or interest in the keeping of

a lodging-house

in which any such adult boards or lodges.
(2) The provision of subsection (1) shall not apply to chemists' shops, coffee-houses, confectioners, eating-houses, fish and oyster shops, fruit and vegetable shops, restaurants, tobacconists' shops, book- sellers and news agents' shops, and cooked meat other than tinned meat shops.
(3) The Chief Inspector may, subject to such conditions as he may impose, allow any such occupier, or his wife or child, to accept money for board or lodging from an employd.
(4) Except as in this section provided, no such employ4 shall pay to any such occupier, or his wife or child, any sum of money whatever for board or lodging, or give credit therefor.

Penalty, Ten Ponnds.

Drvlsro~

7" EDWARDI VII, No. 945.

P c r d ~ k

Ad.-1907.

Limitation of worldng

72. (1) I n a factory where any Chinese person is employed no person shall work for himself or for hire or reward, either directly	houre in factories
where Chinese are
or indirectly, or shall employ or authorise or permit any peraon	employed.
to work-	eec. 42.
Tic. Act No. 1976

I. On any day before half-past seven o'clock in the morning, or
after five o'clock in the evening; or
11. On a Saturday, after two o'clock in the afternoon; or
111. On a Sunday.
Penalty, for the first offence Ten Pounds, and for any subsequent offence Twenty-five Pounds.

(2) The Chief Inspector shall forthwith cancel the registration of registration.

,sncellation of

a factory, the occupier of which is convicted under this section of a
third offence: and such factory shall not be re-registered without the
rsanction of the Minister.
I n a prosecution for an offence against this section upon the proof of

being satisfied-	contravention.
That at any time during which work is prohibited by this section in a factory sounds have been heard such us would ordinarily be heard if made by persons engaged in such factory in the usual work therein carried on; and
That during such time any member of the police force or inspector was refused or could not gain immediate admiaaion to such factory,

the onua of

proof that the offence charged has not in fact been com-

mitted shall be on the defendant.

The Minister may-

Power to euspend

operation of eeotion

I n order to meet an unforeseen press of

work, and

72.

Subject to the conditions and restrictions imposed in section Vic. A C ~

NO. 2008,

65,

sec. 10.

suspend the operation of section 7'2 in respect of any factory for any
period not exceeding two months.

74. l n a prosecution under section 72 the occupier of a f'actory Effect

factory

during

work in

shall be deemed to have contravened the provisions thereof if any pmhibitedhoun.

person is proved to have been working therein at a time when work

2001,

id prohibited by the said section.

SW. 9.

75. (1) Every employ6 under the age of sixteen years shall ~; ~ ~ ~ ~; ~ ~ ~ e 8 s

obtain, and when required by an inspector produce to him a certifi-

perdons under

cate, sixteen yeam of age.
D-945
7 O EDWARDI VII, No. 945.
The Pactoriee Act.-1987.

PART DIVXSIOX

WJ.

cate, in the prescribed form, of his fitness for employment in any

111. factory-
See Factories Act,

1894, SW. 1 6.	(a) In such cases as may be prescribed; and
vie.
sec. 43. No. 1r763	( b ) I n such cases as the Chief Inspector, owing to special circurn- stances, may by written notice require.
(2). Such certificate may be granted by a certifying medical

practitioner for the district, and shall be to the effect that he-

( a ) I s satisfied by the production of

a certificate of

birth or other

.
sufficient evidence that the person named in the certificate
of fitness is of the age therein specified; and
( b ) Has personally examined such person and found him not to be incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory named in the certificate.
(3) Every employ4 under the age of sixteen years shall, where a certificate of fitness is not required, obtain and produce, when de- manded by an inspector, a certificate of birth, as provided in section 76. Penalty, Five Pounds.

provieions as 76. (l) All factories or any of them may be specified in the

Supplemental

celtiecatea of fitneas certificate of fitness for employment if the certifying medical prac- foremployment- titioner is of opinion that he can truly give the certificate for

Factories Act, 1594,

employment therein.

sec. 16.

Viu. A C ~

KO. 1975,

(2) The certificate of birth referred to in section 75 shall be-

sec. 44

(a ) A certified copy of' the entry in a register of births kept pursuant to law of the birth of the person; or

( b ) A statutory declaration as to the age of

the person.

(3) An inspector shall annul a certificate granted by a certi-
fying medical practitioner on evidence other than a certificate of
birth, it' he has reasonable cause to belieye that the real age of the
person named in it is less than that mentioned in the certificate. (4) Such annulment shall be in writing served upon such occupier.

I ) I~ISION

IV.

DIVISIOS

1V.-EMPLOYMENT

BOYS A N D FEMALES

AS TYPE-

SETTERS.

Reetriction in

77, (1) KO person shall employ a boy under sixteen years of

employment of

boys

female8 as

age or a female as type-setter in a printing office--

type-setters.

Yic. Act No. 1.376,	(a ) For longer than eight hours in any one day; or
sec. ( G.	(b) Between the hours of six o'clock in the evening and six o'dock in the morning.

Penalty, Ten Founds.
(2) The Chief Inspector may, as regards a boy under sixteen years of age, in a case of emergency, grant a certificate of exemption from the provisions of' subsection (l), but only on condition that no such boy shall be employed for twelve hours preceding and for twelve hours folhwing any night work. PART

7' EDWARDI VII, No, 945.

The Factories Act.-1907.
PART VI11:

W AGES

BOARDS.

DI'FIBION

I ) ~ V ~ ~ I O N

I.-APPOINTMENT

OF BOARDS.

Appointment of

78. (1) The Governor shall appoint Wages Boards far the fol- Boar& for specitled

trades, &C.

lowing processes, trades, businesses, occupations, or callings :-

Factories Act, 1906,

sec. 6.

Vic. Act No. 1976,

( a ) The preparation and manufacture of clothing and wearing ,

76.

apparel:

( b ) The preparation and manufacture of	furniture:	Factories A C ~,	1906,
eec. 33.

(c) The preparation and manufacture of overmantels and of wood Ibid.
mantelpieces (other than wood mantelpieces to be painted,
such as are usually made in saw.mills1:
(d) The preparation and manufacture of mattresses and bedding: Ibid.
( e ) The making and baking of bread and small goods: Ibid.
(J) Of a pastrycook:

( g ) Of a butcher and seller of meat, and maker and seller of small

Factories Act, 1906

goods:

(h ) Of

brickmaking:

Ibid.

( i ) Of drivers of trollies, wagons, drays, and carriers' vehicles:

Ibid.

( j	) Agricultural machinery and implement makers:

House of Aesembly

(k) Printers, bookbinders, paper rulers and cutters:	resolution, 3/9/07.
( l ) Brushmakers:
(m) Carpenters and joiners: (n) Coopers:
( 0 ) Hairdressers:
(p) Laundries:

( q ) Painters and decorators:

(1. )

Galvanized-iron workers engaged in the construction of build- ings, plumbers, and gasfitters:

( S ) Saddlers and harnessmakers, including collarmakers, biidle-
cutters, and machinists employed in the trade:
( t ) Sawmills, timber yards, and wood box makers:
(U) Tanners, curriers, and tanyards:
(v) For any other process, trade, business, occupation, or calling1
in respect whereof both Houses of Parliament pass a reso-
lution approving such appointment.

(2) In carrying out the provisions of

subsection (1) the Governor

may-
( a ) Appoint a separate Board for each process, trade, business, occupation, or calling; or
( b ) Appoint a separate Board in respect of the preparation and

manufacture of

particular articles of c10 t hing and wearing

apparel and of furniture; or

a8	7" EDWARDI VII, No. 945.

PABT

~ 1 1 1.

(c) With the authority of a resolution of both Houses of Parlia- ment, appoint a separate Hoard for any specified part or parts of any one or more of such processes, trades, busi- nesses, occupations, or callings: Provided that nothing in this subsection shall be deemed to require any such resolu- %ion in the case of the Boards referred to in subsection ( b ) :

n r v l s r c l ~

(d) Group together any one or more of such processes, trades,

businesses, occupations, or callings, or part or parts thereof.

and appoint one Board for each group.

Continuation of	79. (1) The Boards heretofore appointed by the Governor, and
P-nt

determinatima.

"* and

specified in the Fourth Schedule, shall, for all purposes, be deemed to

-

New.	have been duly appointed under this Act, and the members at the time of the passing of this Act of each Board. other than the Chair- man thereof, shall hold office, and the Board shall continue for three years from the date set opposite the title of such Board in the said Schedule.

(2) The present Chairman of

such Boards shall, upon the coming

into operation of this Act, retire from office and new Chairmen shall
be appointed in manner prescribed by section 87.

(3) A casud vacancy occurring B a'&

such Board shall be filled

in manner provided in section 91.
(4) Any determinations made by any such Board shall, for all purposes:
(a ) Be deemed to have been duly made by a Board duly appointed under this Act, and take effect accordingly; and
( b ) Remain in force until altered by such Board under section 107,

or a subsequent Board, or in accordance with an order of

the Court of Industrial Appeals.

short title of Boarb.

80, (1) The Boards specified in the Fourth Schedule may be

Faclorit-Acts lg06,

described for all purposes by the short titles therein set out.

39.

Vic. ~ c t

NO. 1076,

(2) The Governor may, bv order pnblished in the Gazette, direct

sec. 109.

that any Board hereafter appointed may he described by a specified

short title.

&cord. and notice.

81. ( 1) Every employer engaged in any process, trade, business,

by employers.

occupation, or calling, or group or part, in respect whereof a Board

m. 10.

hctoriea A& 19009 is appointed,

(a ) Make and keep a true record in such form and giving such particulars as may be prescribed of the names, work, and wages of the persons employed by him, and the age of

~ - V ~ O. A & N O.	197s
of 1905, sec. 20.

every person under twenty-one years of

age:

Production to

( B ) Produce such record for inspection, whenever demanded by

~ p e c t o r.

an inspector, and

forward annually and a t the prescribed

time a true copy thereof to the Chief Inspector:

(C)

Affix

7" EDWARDI VII, No. 945.

(c) Affix and keep affixed' in legible characters in some con- Tnfomtiontobe

spicuous place, and so as to be easily read by his employ&,	p~at td.
a notice containing-

I. The name and address of the inspector for the Nameof inepector.
district:
11. The holidays and the working hours of the Holidnya..
employ&:
I r I. True copies or abstracts of such parts of this Act Akrack of ~~t 8nd
and regulatiotis thereunder as may b. prescribed: ~ ~ ~ t i 0 ~ -
rv. A copy of the determination of the Board for the Debrminationof

time being in forcc:

B O ~.

(cl) Affix and keep affixed in legibile characters, in sach place Nme of cmp~oyer,
as an inspector may direct or approve-
I, The name of such employer; or,
11. If such employer is a company, the registered
name of such company; or,

I I I. If such employer is s firm,

the firm name:

(P)

Affix and keep affixed in legible characters, in such place as R W T ~

of fines.

an inspector may direct or approve, a detailed record of
all fines levied by such employer upon his employds:
(f) Forward to the Chief Inspector a copy of such record of Recordof finestohe.
fines at such t im:~ and in such form as may be prescribed. Penalty, One Pound for every day during wllich any of the provi- sions of this section are not complied with.

82. (1) One-half of the representative members of every Board COmtitutiOnOf

*W*

shall be appointed as representatives of employers and on+half as ,,, ,.

Feotoriee Act, 1906,

representatives of

employ&.

Vie. Act No. 1975,

76.

(2) If a Board be appointed exclusively for men's and boys' Mei'eand Boye'

clothing the representatives of employers shall consist of three Factaiss Act, l(lo6,

Clothing Board.

re~resen	tatives of	makers of re(zdv-made clnthine and two of makers W. 9.	Vie. Act No. 1976,
of'order	clothing.	sec. 79.

(3) The represents tives of

the em ploy ers shall be, or shall have Represenwiyee..

been, bon4 frde and actual employers in the process, trade, businees, Iaia, mended.

occupation, or calling, or group, or part for which the Board is to be ,

appointed, concerned, or managing expert S.

(4) The 'eprrsentatives of the employ& shall be or shall have

been botzci jide and actual employds in such process, trade, businem,

occupation, or calling, or group, or part.

83, A member shall, upon the expiration of

his term of

office, r ember of ~ o a r d

to

re-eleotion.

be eligible for

be eligible fbr re-appointment.

~&toriea Act,

1906,

sec. 7
Tic. Aot No. 1976,

84. (1) The ,

7s.

7" EDWARDI VII, No. 945.

PAXT

trill.

84. (1) The Minister shall publish in the Gaxtdte a notice which

DIVISIOX

Notioe that Board is

to be appointed.

I. Specify the process, trade, business, occupation, or calling,

NW.	or group or part, in respect of which such Board is to be appointed; and

11. Fix a date on or before which every employer engaged in
such process, trade, business, occupation, or calling, or group or part, shall forward to the Chief Inspector a return containing-
(a) The employer's full name, address, and occupation;
and
( h ) Particulars of the names, work, and wages of the
persons employed by him therein.
(2) Every employer shall duly forward the return mentioned in

sub-paragraph I I. of subsection (1 ).

Penalty, Ten Pounds.

(3) The Chief Inspector shall prepare a summary of such returns for the information of the Minister.

Ym-ri.mfaappomt-

(4) The Minister may nominate persons for appointment on such

mentafterno*tion

Board as representatives of employers and representatives of

of reprasentntive

members of Board

e m ~ l 0 ~ 6 ~.

without previous

election.

Factori88

( 5 ) The Minister shall publish in the Gazette a notice setting out

l g o 6 8

the names, addresses, and occupations of

the persons nominated.

m. 8.
Via. Act No. 1976,
m. 77.

Objections to persona	86.	(1) The Governor shall appoint the persons so nominated,
nominated and

eIeotion.

unless objected to, pursuant to subsection (2).

1906*

sec. 8.

(3) If in the opinion of the Minister, haling regard to the records contained in the latest report of the Chief Inspector or the summary

KC, No. 1b75,

m. 77.

mentioned in subsection (S) of section 84-

(U) Not less than one-fifth of the employers have objected in

writing to the persons nominated as the representatives of

employers; or

( b ) Not less than one-fifth of

the adult employ& have objected in

writing to the persons nominated as the representatives of
employ&,
the representatives of the employers or employ& so objected to shall
be elected in manner prescribed.
(3) Objections to nominations may be made within twenty-one daya from the date of the publication of such nominations.
(4) The Governor shall appoint the persons so elected.
(5) When the representatives of employers and employks have been appointed the Governor shall publish such appointment in the

Gazette.

DIVISION

7' EDWARDI VII, No. 945.

DIVIS~OX

W.-GEN E R A L

PROVISIONS

KELATfNG TO CONSTITUTION

OF BOARDS.
Number of memhe

86. Every Board hereafter appointed shall-	and term of offlce.
( a ) Consist of not less than four nor more than ten representative members and a Chairman; and	Faotorieu Act, 1908,
eec. 6.
(B) Be appointed for a period of three years from the date of

appointment of the Chnirmm.

87, ( l ) The majority of the representative members of every Board, before exercising any powers conferred upon them by this Act, shall nominrttc in writing some person (not being one of such members) to be Chairman of such Board, and such person shall be appointed by the Governor to such office.

Appointment of

Chairman.

(2) In the event of snch nomination not being made within twenty-ei5ht days from the appointment of such Board, the Governor may appomt any Stipendiary Magistrate as such Cllairman until a Chairman shall be nominated by the said Board.

(3) I n the event of any vacancy occurrincr in the office of Chairman of any Board, such vacancy shall be filled 111 manner aforesaid.

(4) The Chairman slinll be deem~d

a member of the Board, and

the Governor shall 1)ublish his appointment in the Gazettt:.

88. All powers of a Board may be exercised by a majority of the	Exercise of powers.
Factories Act, 1906,

members thereof present at any meeting.	sec. 14.
Vic. Act No. 1976,
eec. 84.
89. The Gorerlior may, by order published in the Gnzette, remove any member.	Governor may
remove member
of B o d.
Factories Act, 1906. ' sec. 6.
Yic. Act No. 1916,
Eec. 7b.

90.	member may resign by writing under his hand, addressed

and forwarded to the Minister.

91. (1) The Governor may appoint a person to fill a vacancy caused by death, resignation, or removal of a member, or under an

Governor may

appoint

in certain c-.
Factoriee Act, 1906,

order of Justices pursuant to section 147:

Provided thpt if within

WC. 11.

fourteen days of such vacancy occurring, a majority of the represen-	Vic. Act Xo; 1976,
tatives on the Board of thc employers or employ&, as the case may	sec. 81.
be, nominate a person to bc ~ppointed to fill such vacancy, the
Governor shall appoint the person so nominated.
(2) No person shall be so appointed unless qualified for nomination under section 82.
(3) The term of office of a member so appointed shall be limited to the residue of the term of office for which such Board is appointed,
(4) A person so appointed shall be deemed to have been elected by the employers or employ&, as the case may be.

7" EDWARDI VII, No. 945.

The P & ~ s

Ad.-1907.

DIVI~ION

IV.

Effect of veorncy.

Factories Act, 1906,

92. lluring a vacancy in a Board (other than in the ofice of

m. 14.	Chairman) the continuing members may, nnless a member objects,
Vie ActNo. 1976,	act as if no vacancy existed.

D~visroxr v.
Board to determine

lowest price or rate

93. Every Board, so far ns regards the particular process, trade,

of payment.	business, occupation, or calling, or group or part, for which it is
sew. 6, 17.
Factories Act, 1906,	appointed-

Yic. Act No. 1976,	I. May classify the employ&:
W. 87.	11. Shall determine the lowest prices or rates of payment which

may be paid:
Board shall also fix

maximum number	(a ) To each class; or
of
Factories Act, 1908,

h o w. &c.

('b) For any specified work:

W. 20.	1 1 I. Shall fix the maximum number of hours per week in respect
Vic. Act No. 1975,

m. 90.	of which such wages prices or rates shall be paid:
wor ed in exceas of

*Or time

I V. Shall determine wages prices or rates higher than those

maximum, &c.	determined for such maximum number of' hours, which shall be paid to male employ& over sixteen years of ago in respect of time above such maximum worked in any week:
improvers.

Number of

v. Shall fix the maximum number or proportionate number of

Factoriea Act, 1906,	improvers who may be employed by an employer, with
WO. 21.	power to fix a, different proportion of male and female
Vic. Act No. 1975,
MC. 91.	impro~ers.

vi. Shall, by notice published in the Gareilc, prescribe, as regards persons thereafter apprenticed, a form of indenture of apprenticeship, and may by such notice prescribe the term of such apprenticeship, such term being not less than three years.
Outside work in

clothing trade to be

94. Notwithstanding the provisions of section 93-

at piece-work rates.

Factories Act, 1906,

( a ) The B o i d shall, as regards work done outside a factory in

sec. 17.	respect of the manufacture or preparation of articles of
Vic. Act No. 1976,	clothing or wearing apparel, fix piece-work prices or rates,
tec. 87.	and not w a p s prices or rates:

Wag-	rices or rates

for macgine hands it

( b ) The Hoard shall, if' requested by an employer, fix wages

requested.	prices or rates for his machine hands:
Rates for furniture to

be both piece-work

and wages rates if	manufaoture or preparation of furniture, fix, where~er
practicable.
Factories Act, 1906,	practicable, both piece-work prices or rates and wages
MO. 18.	prices or rates:
Vic. Act No. 19i6, sec. 88.

Piece-work rato, when

(d) Where the Board fixes both piece-work prices or rates and

fixed by Board, to be

baeed on wages rate.	wages prices or rates for any work the piece-work prices or
Factories A C ~, 1906,
m. 19.	rates shall be based on the wages price8 or rate; but no
Vic. Act No. 1975,	determination shall be queationed or challenged for non-
seo. 89.	compliance with this subsection. 96. I n

7 O EDWARDI VII, No. 945.

The F a d m k Ad.1807.

PART

VIIX.

DIVX~ION

96. In making a determination as to prices or rates, every Board P.inciplea of detormi*

nation by Boards.

shall be bound by the following rules :-	Factoriee Act, 1906,
WC. 13.

I. The Board shall, upon such evidence as i t may deem satis-

factory, ascertain as a question of fact the average prices or SW. 83, altered.

rates of payment (whether piece-work prices or rates or

wages prices or rates) paid by reputable employers to

employ& of average capacity:

,,,,,,

11. The lowest prices or rates determined shall not exceed the

average prices or rates so ascertained:

I I I.

The Board shall take into consideration-

(a) The nature, kind, and class of

the work;

Faotories A C ~,

1906,

sec. 6, aubeec. (3).

( b ) The mode and manner in which the work is to be done; Vic.*ct*o.

19769

sec. 76.
(c) The age and sex of the workers, and, in addition, as re-
gards apprentices and improvers, their experience at the proceaa, trade, business, occupation, or calling; and
(d) Any matter prescribed.

96. (1) The Board shall report to the Court of Industrial B	oard to report to
Court when no

Appeals whenever the average prices or rates ascertained under reeeoneble limit.
section 95, subsection I., are not sufficient, in its opinion, to afford a
reasonable limit for its determination.
(2) Thereupon such Court shall fix the lowest prices or rates
to be paid, and may disregard the provisions of section 95, sub-

section

(3) The Board shall embody in its determination the prices or rates so fixed by the Court.

97.

(1) A person at the time of the passing of this, Act employed S ~ c i a l

provisions for

apprentices.
as an apprentice under an agreement which does not contain a cove-

nant to teach may enter into indentures of apprenticeship which bind New-

the employer to instruct auch person in the particular process, trade, business, occupation, or calling carried on by such employer, or some specified part thereof approved by the Chairman, and upon auch terms and for such period as the Chairman may in writing approve.
(2) A person who is over the age of eighteen years and under the

age of twenty-one years may enter into indentures of apprenticeship,

which bind the employer to instruct such person in the particular

trade, process, business, occupation, or calling carried on by 'such

employer, or some specified part thereof.

(3) After the expiration of one month trom the publication of the
notice under section 93, subsection VI., and subject to subsection
(1) of this section, no employer shall take an apprentice except
under indentures in the form and for the term fixed by such notice or by this Act; and indentures contravening the provisions of this subsection shall be void.

Penalty, Twenty Pounds.

98. (1) The

34 7 ' EDWARDI VII, No. 945.

A--

PART VIII.

The Fadories

A d. 1 9 0 7.

DIYI~ION

Power o f o h h n o f	98, (1) The Chairman may require a person (including a
Board to adrninist~r

oaths.	member of the Board) giving evidence before the Board to give his
Fmt4n+m Act9 1906,	evidence on oath.
sea. 16.
Vic. A C ~
sec. 86.

NO. 1976,

(2) The Chairman may administer such oath.

Wage for leas than

maximum hours to be

99. Every employer shall pay to an employ6 who in any week

pro rata.

works lees than the maximum number of hours fixed under section 93,

Factories A C ~,

1906,

subsection I I I ., a pro rata amount of the wages price or rate deter-

W. 30.

mined for such maximum number of

hours.

Vic. Act No. 197 6,

W. go.

Penalty, Five Pounds.

Experience of

100, All the time during which an apprentice or improver has

apprentice,

&C., how

ca~c~lated.

worked at the process, trade, business, occupation, or calling in

A C ~,

1906,

which he is for the time being employed, shall be reckoned in calcu-

W. 24.	lating his experience, whenever by the determination of the Board
Vie. Act No. 1976,
se~. 94.	h i s wages are to vary in accordance with his experience.

Brushmakers in

101. No person engaged in brushmaking in a charitable in-

at piece- work rates

stitution or an institution for the blind shall be bound by any

on] y .

determination of the Brushmakers' Board, except so far as such

determination fixes a piece-work rate.

Penalty Five Pounds.

DIVI~ION

vr.

DIVISION

VI.-PIECE-WORK RATES

M A Y BE

FIXED

BY EMPLOYER.

~ ~ he fixed by e m p l o ~ r PTiCes

may

102. (1) A Board, instead of determining the lowest piece-work

rateS-

in certain cases.

Fuctories A C ~,	1906,	(aj May fix the lowest wages prices or rates; and
sec. 28.
j h ) May determine that piece-work prices or rates based thereon

Vic. A C ~

NO. 1975,

sec. 98.	may be fixed and paid by the employer.
Piece-work rates to

be b a d on earnings

(2) Every such employer shall base such piece-work prices or

of average worker.

Principles of

determinations by	136. Where a determination of a Board is under consideration
Court of Appeal.
Factories Act, 1906,

the Court-

( a ) Shall take into consideration the matters referred to in section

~ C S.

60 and 61.

Tic. A C ~

NO. 1976,

95, subsection III.; and

sew. 121 and 122.
( b ) Shall consider whether such determination has had or may
have the effect of prejudicing the progress, maintenance of, or scope of employment in the process, trade, business, occupation, or calling, or group, or part affected thereby; and
Living wage.

S	(c) If of opinion that such determination has had or may have such effect, shall order the Board to make such alterations as in the opinion of the Court may be necessary-

1. To remove or prevent such effect; and
1 1. At the same time to secure a living wage to the
employ& affected.
137, (l) A
7" EDWARDI VII, No. 945.

Tb F*&

Ad.-190'7.

PART

vrn.

I)irrerou xrrr.

137. (1) A determination of a Board, to the extent to which it

~ e t e r m k i o n W.

has been altered puiauaut to an order of the Court, or has been con-	Ibid, WC.	52, ss. 9,
firmed by the Court-

(a) Shall be final and without appeal; and
( b ) May not be reviewed or altered by a Board, or without leave
of the Court by any other Court.
(2) The Court, if satisfied upon affidavit that a primd facie case for review exists, may either give such leave or may direct a re- hearing before the Court, when the Court may itself alter or amend its order.

138, The Registrar shall forward the order of the Court to the	forwarded to Minister
Determination to be

Board and to the Minister.	Ibid, eec. 52, ss. 10.
' 139. (1) When a determination is confirmed the Minister shall	Notification of oonfirmation.
publish in the Gazette a notice of such confirmation.

(2) The Minister shall publish such altered determination in the
Gazette.

140. When a determination is altered the Board shall forward to	Notification of
alteration.

the Minister the determination as altered.
PART IX.

141. (1) The Governor may make regulations not inconsistent with this Act prescribing all matters w5ch by this Act are required or	Regulations.
Bee Factories Act,
permitted to be prescribed, or as may be necessary or convenient to	1206, WC. 69.
be prescribed for giving effect to this Act.	Tic. Act No. 1976,
sec. 150.

(2) All such regulations shall-

(a ) Be published in the Unzette ;

( b ) Take effect from the date of such publication or from a later
date to be specified therein; and
( c ) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament be then in Session, and if not, then within fourteen da,ys after the commence-

ment of the next Session.

(3) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same shall be disap- proved, either wholly or in part, by resolution of either House of Parliament within thirty days after such regulations shall have been laid befbre Parliament, if Parliament shall be so long in Session: Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it, then no regu- lation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the eom- mencement of the next Session of Parliament. 142. ( 1 ) A

of Parliament.

Proviso aa to powera

7" EDWARDI VII, No. 945.

The Pccctories Act.-1907.

----

P A ~ T

IX.

142. (1) A person desiring to dispute the validity of a regulation

Regulations	may apylv to the Supreme Court upon affidavit for a rule calling
umhallagnWe	upon the *chief Inspector to show cause why such regulation should

~ n l c s s

quashed.

Vic. Act KO. 1976.	not be quashed, either wholly or in part, for the illegality thereof.
MC. 151.	(2) The said Court may make absolute or discharge the said rule with or without costs.
(3) All regulations, unless and until so quashed, shall have the like effect as if enacted in this Act.
(4) No regulation shall be challenged or disputed in any other manner.

PART X.
LEGAL PROCEDIJRE.

DIvrblo~

I.-PROCEEDINGS

T O TRY

TITLE O F MEMBER

OF BOARD

AN D VALIDITY

OF DETERMINA'I

ION.

NO writ of quo war-

143. No writ of quo warraizto, information in the nature of a

rnr~to allowed to try title to any ofice.

~ U O

wnr:unto, or other proceeding, shall issue, or be filed, or had, or

Sew.	taken in the Supreme Court to try or question the title of a person to act as a member of a Board.

M8ndamus 8boli8hea.

144. No writ of mandamus shall issue from the Supreme Court

N~W.	to admit or restore to office a member of a Board.
Proceedings for

trying title to otEce.

145, The proceedings-

N~W.	( a ) For trying the title of a member of a Board to his office; and
( b ) For trying the right of a person to be admitted or restored to such office; and
(c) To compel his restoration or admission

shall be had and taken before, and determined by, two or more
Justices of the Peace in a summary way.

Time within which

148. (1) No proceedings to try the title of a person as a
proceedingm may be

taken.	member of a Board shall be had or taken except upon information.
New.	(2) Such information shall be laid within two calendar months from the time at which the person whose title is disputed was appointed or elected.
Jurisdiction of

Justices.

147. (1) The information under section 146 may be laid a t the

Sew.	instance of any person interested.

(2) The Justices may make an order declaring--

( U ) That a person is not entitled .to the ofice then possessed
by him, and that such office is vacant; or
(B) 'l'hat the informant is entitled to the said office.
(3) No order to admit or restore a person to any office. shall be

made whilst any other jerson is in possession of

such office.

Validity
7" EDWARDI V.11, No. 945.
148. (1) A person desiring to challenge or dispute a determi- Determinationr of
nation of a Board for the illegality thereof may apply to the Board ch~~eog88~1e

Court of

Industiial Appeals, upon motioil supported by sffidavit, for bef0 etbe h m m 8

Co~rt

only.

a rule calling upon the Board to show cause why such determina-

tion should not be quashed, either wholly or in part.

Factories Act, 1806,

WC.

46.

with or without costs, or may state a special case for the opinion of cec. 118.

(2) The Court may make absolute or discharge the said rule vie. Act No. 197%

the Supreme Court.
(3) No determination of a Board shall be in any other manner challenged or disputed for the illegality thereof.

DIVISIOW

rr.

11.-Evr

DENCE.

Gened provirionrr

149, In all proceedings in

respect of

offences against this Act-

to omcedintco befor; ust tic ear

( a ) The information shall

be laid within six months after the

is;a,

offence:

sec. 152.

( I, ) I t shall be sufficient to allege that a factory or bakehouse is
zl factory or bakehouse:
(C) The onus shall be on the defendant to prove-
I. 'l'hat the person, firm, or company named in an information is not the occupirr of the factory or bakehouse;
11. That the provisions of this Act relating to the registra- tion of factories have been complied with as to any particular factory; or
ITI. That articles wholly or partly prepared, or manufac-

t ured, or made are not wholly or partly prepared,

or manufactured, or made for sale;

I v. That the provisions of

this Act and of any determina-

tion of a Board with regard to the number or yro-	portionate number of' improvers who may be
employed hme been complied with;

v. l'hat the provisions of this Act with regard to the painting, varnishing, washing, or lime-washi~~g

factories have been complied with;

I	I. That a person named in an information as being,

either an employ6 of the defendant generally or an employ6 of the defendant in n certain captlcity was not so employed;

V I	I. 'l'hat the premises or place mentioned in an informa- tion as being within a certain locality or area are or is not therein:

( d ) The allegations contained in the information shall be deemsd
proved in the absence of proof by the defendant to the

contrary.

(e) Subsection

7' EDWARDI VII, No. 945.

The F W O T ~

Ad,-1907.

( e ) Subsection (d) shall not apply where tho offence is directly punishable by imprisonment.

&*ptk,11

h w and

150. (1) If a person is ahown to be employed under such circum-

evidence in	stances as in the opinion of the Court adjudicating raise a suspicion
prooeeding.	that such employment was contrary to the provisions of this Act,
Yic. Act 30. 1976,
m. 163.	the offence charged shall be deemed proved in the absence of proof to the contrary.
(2) A declaration by a certifying medical practitioner that he has personally examined a person named therein, and believes him to be under the age set forth in such declaration, shall be admissible as evidence of the age of such person..
Evidence of
determination.	151. The production in a Court of the Gazette purporting to contain the determination of a Board shall, except in proceedings

Factorit% Act,

l9O6,

eec. 46.	under section 148 of this Act, be co~~clusive	evidence of the due
Yic. Act No. 19i6,	m. 117.	making and existence of such determination.

Offencer to be

152. (1) Every offence against this Act shall be reported to the

re rted to Miniater,

prosecution.

X may direct

Minister.

Via. Act No. 1976,

(2) No proceedings shall be taken without the consent in writing

m. 163.

of the Minister.

Proceedings, by

(3) Such consent may be proved by the production of

a document

whom taken.
in the form in the Fifth Schedule, or to the like effect, purporting to

Ibid.	signed by the Minister.
(4) Proceedings may be taken by s member of the police force or by an inspector.

Penalty for not	153,	(1) The occupier of	a factory or bakehouse -
keeping factory or

bakehouse in con-	(a) Which is not kept in conformity with this Act; or
formity with Act.

Vic. Act So. 1975,

( b ) In which there is a contravention of

any of the provisions of

sec. 161.
this Act;
shall, if no other penalty is provided, be liable-
I. To a penalty not exceeding Ten Pounds; and
r 1. To a further penalty of One Pound for erery clay during which such breach continues after the delivery by the inspector at his factory or bakehouse of a notice notifying him that a breach of the provisions of this Act is taking place by such factory or bakehouse not being kept in conformity with this Act, or by a contravention thereof otherwise occurring.
(2) The Court, in addition to or instead of imposing such penalty, may order such occupier to adopt certain means for the purpose of bringing his factory or bakehouse into conformity with this Act.
(3) Such
7" EDVITARDI VII, No. 945.

The Factories Act .1907;

PABT

DIYISIOX

r 11.

(8) Such order shall apecify-
(n) The meanasto be adopted by such occupier; and
( b ) The time within which such means shall be SO adopted, which time may be enlarged by the Court upon appli- cation.

(4) If, after the expiration of

the time as originally specified, or ~ o m y + o n

perron

injured to

subsequently enlarged, the order is not complied with, such occupier ,

fence to

shall on conviction be liable to a penalty not exceeding One Pound m a h i n e ~,

&c.

for every day that such non-compliance continues.	Tic. A C ~
sec. 155.

NO. 1976,

154. (1) If a person is killed or suffers bodily injury in con- I~vryinconaequencs

of neglsat of occupier

sequence of the occupier of a factory having neglected-

of factory.

( a ) To fence machinery required by or in pursuance of this Act
to be securely fenced; or
( h ) To fence any vat, pan, or other structure required by or in
pursuance of this Act to be securely fenced; or
(c) To maintain any such fencing,
such occupier shall on conviction be liable to a penalty not exceding

One ~ u n d r e d

Pounds.

(2) The whole or any part of such penalty may be applied for the

benefit of thc injured person or his family or otherwise, as the

Minister determines.

,

(3) No occupier shall be liable to a penrtltly under tl~is

section

if an information against him for not fencing the part of the machinery, or the vat, pan, or other structure by which the death occurred or bodily injury was inflicted has been heard and dismissed within one month previous to the time when the death occurred or bodily injury - was inflicted.

(4) This section shall not deprive the inj ured person or his repre- sentatives of any right of action to recover damages.

victed of a third offence under Part VIII. of this Act shall be forth- regintmtion.

155, The registration of the factory of any person who is con- Canoellation of

with cancelled by the Chief fnspector.

156.

'l'he parent of a child or person under eighteen years of age Penalty on pawnt for

allowing child or

shall, if such child or person is employed in a factory contrary to joong

pmon t0

this Act, be liable on conviction to a penaltr not exceeding Twenty ~mploped contrary to

Shillings for each offence, unless it appearsa

to the Court that such the Act.

Vic. Art No. 1976,

offence was committed without the consent, connivance, or wilful ,

default of such parent.

157, (1) No person shall-

Forgery of

certifiuatee, f a h

(a ) Forge or counterfeit any certiticate for the purposes of this z:zti",t.

Act for the forgery or counterfeiting of which no other

Vio. Act No. 19'16

punia 6 ment is provided); or

( b ) Give

m. 158.

7' EDWARDI VII, No. 945.
., .. -

The F&&

Act.--lg07.

.. ,.
---

PABT X.

( 6 ) Give or sign any such certificate knowing the same to be

Drvlsro~

111.

false in any material particular; or

(c) Utter or make use of any certificate, Itnowing the same to be forged, counter Seited, or false; or
(d) Knowingly utter or make use of as applying to any persoil a certificate which does not so apply; or
( e ) Personate any person named in the certificate; or
( f ) Wilfully connive at such forging, counterfeiting, giving, signing, uttering, making use of, or personating.
Penalty, One Hundred pound^, or imprisonment for two years.
(2) No person shall-
( a ) Wilfully make a false entry in a book, register, notice, certificate, list, record, or document required by this Act to be kept, or served, or sent; or
( b ) 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, Fifty Pounds, or imprisonment for one year.

Pe*lty On

168. NO organisation of employers or member thereof and no employer shall counsel, take part in, support, or assist directly or indirectly any lock-out on account of any matter in respect of which a Board has made a determination.

cf.

1896,

concaationAct~

SW. 63.

Penalty, in the case of an organisation Five Hundred Pounds, and

in-	the case of an individual Twenty Pounds.

Penalty on strike.

Cf. ibid., 64.

159. No organisation of employCs or member thereof and no employ6 shall counsel, take part in, support, or assist directly or

indirectly any strike on account of any matter in respect of which a

Board has made a determination.

Penalty, in the case of an organisation Five Hundred Pounds, and in the case of an individual Twenty Pounds.
Penalty on persona

committing offence

160, Where an offence for which an employer is liable under

for	employer i l this Act to a penalty has in fact been committed by some agent,

liable.	servant, workman, or other person, such agent, servant, workman,
Vie. ActNo. 1975,
WC. 169.	or other person shall be liable to the same penalty as if he were the employer.
employer from

Exemption of

161. (1) An employer charged with an offence against this Act

pnaltr

mnriction may, upon information duly laid by him, have any other person

of the~tualof~ender. whom he charges as the actual offender brought before the Court at

viot. et NQ,	Ivr.	the time appo&ted for hewing the charge.
sea. 160,

7" EDWARDI VII, No. 945.
Thd FtJdkwia &-1907.
(2) If, after the commission of the offence has bean proved, ~ u c h

employer satisfies the Court that he had used due diligence to enforce the execution of this Act, and that the said other person had com- mitted the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and such employer ahall be exempt from any penalty.

(3) The informant shall proceed against the person whom he believes to be the actual offender in the first instance, without fimt proceeding against the employer, whenever it is made to appear to his satisfaction at the time of discovering the offence-
(a ) That such employer has-used all due diligence to enforce the

observance of this Act;

and

( b ) By whom such offence has been committed; and
(c) That such offence has been committed without the knowledge,

consent, or connivance of such employer, and in contraven-

tion of his orders.

162. Every person guilty of an offence against this Act or	for w b h no other
Penalty for offence

any regulation thereunder, for which no other penalty is provided,	penalty provided.
shall on conviction be liable to a penalty for the first offence of	Vio. Act No. 1976,
not more than Two Pounds, and for every subsequent offence to a	sec. 161.
penalty 01 not less than One Pound or more than Ten Pounds.

163. (1) The Special Magistrate or Justices imposing a penalty	Jwkicea may apply
penalty towards oostr.

under this Act may direct the whole or any part thereof to be	Factories Act, 1894,
applied in or towards payment of the costs of the proceedings.	sec. 28.
(2) Subject to such directions, all penalties shall be paid to the Treasurer.

164. All fines and penalties for ail offence against this Act may	covered before two
Fines may be re-

be recovered before a Special Magistrate or two or more Justices

Juatim.

in a summary way.

165. All proceedings before Justicee ahall be regulated by Ordi-

PrcMeedings before

nance No. 6 of 1650, " The Justices Procedure Amendment Act,	Juetim.
1883-4," and any other Act that may be law in that behalf.

166. (1) Any Justice may commit any person who makes default	pnaltim, o Jnntioe
On non-pr,ent of

in payment of a fine or pecuniary penalty or amends under this	may impriwn.
Act to any gaol for any time not exceeding three months.
(2) The imprisonment shall cease on payment of the sum due snd the costs of such proceedings as may have been taken for the recovery thereof.
(3) This section shall not affect any remedy under Ordinance No. 6 of l850 or Act No. 298 of 1883-4 for the recovery of fin= or pecuniary penalties or amends.

167. (l) There
7" EDWARDI VII, No 945.

PAR*

167. (1) There shall be an appeal-

D I V I ~ I O ~ P

III.

( a ) From an order of

Justices;

Appeal to Local Cout
from order made by

S&.	( b ) From a conviction by Justices; and (c) From an order dismissing an information or complaint.

(2) Such appeal shall be to the Local Court of Adelside of Full
Jurisdiction.
(3) Such appeal shall be regulated by Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4.
(4) Such Local Court may make such order as to costs as it shall think fit, although such costs may exceed Ten Pounds.
Looal Court maj

atate a oaae for

168. (1) Such Local Court may state a special case for the opinion

opinion of Supreme	of the Supreme Court.
Court.

(2) The Supreme Court shall deal with such special case according
to the practice of the Supreme Court on special cases, and may
make such order as to costs as to the said Court shall appear just.
(3) The Supreme Court may send the special case back for amendment, or may itself amend the same.
(4) The 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 said Supreme Court, or a Judge thereof.

(5) Such order of the Justices, or Local Court, shall be enforced

in manner provided by this Act or otherwise by law.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
GEORGE R. LE HUNTE, Governor.
.79 EDWARDI VII, No. 945.
SCHEDULES.
FIRST SCHEDULE.
REPEAL.
- -

Number of But

Short Title of Act.

Extent of Repeal.

No. 603 of 1894

The Factories Act, 1894 "..............

The whole Act

No. 752 of 1900

l'he Factories Amendment Act, 1900"

....

The whole Act

No. 872 of 1904

"The Factories Further Amendment Act, 1904''

The whole Act

No. 915 of 1906

The Factories Act Amendment Act, 1906". .

The whole Act

SECOND SCHEDULE.
REGISTER-BOOK.
Trade or claes of factory

Employer

Number oi Employ&.

g	at Trade.
Working
1

S	Name.	Address.
3	I

i
1 i

-p--

THIRD SCHEDULE.

S 8. d.

Every factory in which more than sixty persons are employed, per annum	3	3 , 0 Vic. Act No. 1976.
Every factory in which more than thirty and not more than sixty persona

are employed, p ~ r

annum .................................... 2 2 0

Every factory m whlch more than ten and not more than th i iy persona
are employed, pfr annum .................................... 1 l 0

Every factory in which more than six and not more than ten persons are employed, or in which, though more than six are not employed, steam, water, gas, oil, or electric power is used, per annum ........ 0 10

Every factory in which not more than six persons are employed, and for which the steam, water, gas, oil, or electric power ie obtained from a factory or workroom already registered, per amum .............. 0 2 6
Every other factory .............................................. 0 2 6
FOURTH