The Factories Act Amendment Act 1906 (SA)

ANNO SEXTO
EDWARDI V11 REGIS.

D. 1906.

No. 915.

An Act to amend the Law relating to Factories, and for

other purposes.

[ A	ssented to, Decem bey z n d, rpob.]

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

follows:

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

1, This Act may be cited as " The Factories Act Amendment Act, 1906," and shall be incorporated and read as one with " The Factories incorporation.

short title and

Act, 1894 " (hereinafter called

the principal Act "), and any Act

or Acts amending or extending the same.

The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent therein mentioned; but all regulations now in force are hereby continued and confirmed until repealed by regu- lations under this Act.

Repeal.

2.
3, Every Board constituted under any of the abovementioned Continuation of

Acts, and the determinations thereof, are hereby continued until 4z:$2!t8yd

such Board is superseded bv a Board under this Act, or such determi-

nations are ameided or re;oked

by such a last-mentioned Board.

4,	Section 4 of '* The Factories Amendment Act, 1900," is hereby Amendmentof m. 4

75'

lgQ0-

amended by striking out the words 'b North " and East " in the second line thereof, and the words Adelaide," ".West Adelaide,"

EastS7'

L' West Torrens," '' Sturt" in the third line thereof.

A-916

Ej, Section

6" EDWARDI VII, No. 915.

The Factories Act AmIndmerct Act.-1906.

~mendmentof

sec. 10

5, Section 10, sub-section (1) ( b ) of

" The Factories Amendment

of Act 752 of 1900.

Act, 1906," is hereby amended by adding after the word " Inspector"

in the last line thereof the words 'and shall be forwarded annually L

to the Chief Inspector at such time as may be prescribed, or when-

ever demanded by him. "

Boards and their Objects.

Power to appoint

Board to fix prices

6. (1) In order to determine the lowest prices or rates which may

for certain work.	be paid to any person or persons, or classes of persons, employed
Vio. Act 1976,	either inside or outside a factory or workroorn-
eeo. 76.

I11 wholly or partly preparing or manufacturing any particular

articles of clot,hing, or wearing apparel, or furniture; or

In bread making or baking, and small goods making or baking;
or

I n the process, trade, or business of a butcher or seller of meat,

or maker or seller of small goods; or
I n the process, trade, or business of drivers of trollies, wagons, drays, and carriers' vehicles, and every such driver shall be deemed to be employed in a factory within the meaning of this Act and the Acts incorporated therewith; or
In the process, trade, or business of brick-making:
the Governor mav from time to time appoint a Board, consisting of not less than foG nor more than ten members and a chairman, and may at any time remove any member of the Board.

Eoard to 5x pricea	(2) In order to determine the lowest prices or rates which may be paid t o any person or persons, or classes oE	persons, employed in or
for oertain work.

Power to appoint

engaged in connection with any process, trade, business, occupation

Ibid.,

MC. 76.

or calling, whether carried on in a factory or workroom or not, other than those authorised by sub-section (1) of this section; the Governor may from time to time appoint a Board consisting of not less than four nor more than ten members and a chairman, and may a t any time remove any member of the Hoard: Provided that no such Board shall be appointed unless a resolution has been passed by both Houses of Parliament declaring that it is expedient to appoint such Board.

Mattem to be con-	(3) In fixing such lowest prices or rates, the Board shall take into and manner in which the work is to be done, and the age and the sex of the workers, and any matter which may from time to time be prescribed.
sidered.	consideration the nature, kind, and class of the work, and the mode
Ibid., sec. 76.

Mode

6" EDWARDI VII, No. grg.
The Factories Act AmndmeIzt Act.-1906.

Mode of Appointin.9 Members and Term of

Ofice.

7. ( 1) One-half of the members of a Board shall be appointed Constitution of Board

as representatives of employers and one-half as representatives of vie. act, 1975,

employ&.

sec. 76.

(2) The representatives of the employers shall be, or shall have Representatives.

been, bond fide and actual employers in the trade concerned, and the representatives of the employ& shall be or shall have been actual and bond fide employ& in such trade.

(3) ( a ) Appointments as members of any Board shall be for Term of office of

member or chairman

three years only, but any member of a Board may on of Board.
the expiration of his term of office be re-appointed
thereto; and
(b) The Chairman of any Board shall be deemed and taken
to be a member thereof.
8. (1) Before the appointment of the members of any Board, the bvisionforappoint-

nate persons as representatives of' employers and representatives of members of Board

Minister may, by notice published in the Government Gazette, nomi- ~~~$~~~~~

election.

without previous

employ& to be appointed as members of such Board.

the employers or employ& in Ibid, sec. 77.

(2) In any case where pne-fifth of

any process, trade, or business carry on or are engaged in such pro-

nominated.

cess, trade, or business outside the Electoral Districts named in section 4 of " The Factories Amendment Act, 1900," one at least of the persons so nominated as representatives of employers and one at least of the persons so nominated as representa'tives of employhs shall be a person who resides'and who carries on or is engaged in, or has carried on or been engaged in (as the case may be), such process, trade, or business outside the said Electoral Districts.

(3) Unless, within twenty-one days after the date when such Objections to

nominations are so published, at least one-fifth of the emtdovers or nominated members.

at least one-fifth of 6he adult'employAs respectively engaged m the process, trade, or business subject to such Board give notice in writing to the Minister that they object to the appointment of the

then such persons so nominated may be appointed members of the Appointments.	persons nominated as their representatives (as the cave may be),
Board by the Governor as representatives thereon of the employers or employ& (as the case may be).

(4) If the Minister is satisfied that at least one-fifth of the provision for hction

if nominees objected

eLpioyers or of the adult employ& object within the time aforesaid,	one-fifb.
to the persons nominated as their representatives, then such repre- sentatives of employers or such representatives of employ& shall be elected in manner provided by the regulations in the Third Schedule of this Act.

(5) The

6" EDWARDI VII, No. 915.

The Faci?orics Act

Amendmcn-t A d. 1 9 0 6.

Decision as to	(5) The Minister shall decide whether persons nominated as representatives have been objected to by at least one-fifth of employers or adult employ& (as the case may be), and for. that purpose he shall accept the records given by the Chief Inspector in his latest annual report.
objectors.
Men'e and Boys'
Clothing Board.	Q, I n the case of the Board for Men's and Boys' Clothing, the of makers of ready-made clothing and two of makers of order clothing, and the rolls for any election of such respective represen- tatives shall be prepared and votes given in manner provided by the regulations in the Third Schedule of this Act.
Vic. Act, 1976,	representatives of the employers shall consist of three representatives
sec. 79.
Appointment after	10. Tf the number of persons nominated as representatives of number of persons to be elected, the persons nominated shall be deemed and taken to have been elected, and shall be appointed by the Governor accordingly to be members of the Board.
nomination.	employers or employka (as the case may be) does not exceed the
Ibid, sec. 80.
~overnormayappoint

in certain cases.

11, In the event of any vacancy occurring from any cause what-

soever in any Board, the Governor may, without previous nomi-

Ibid, sec. 81.

nation or election, appoint a person as representative of employers or employ&, as the case may require (and the person so appointed shall be deemed and taken to have been elected by such employers or employ&, as the case may be); and such person shall be so appointed for the unexpired portion of the term of office of the member who dies, or resigns, or is removed.

Aiqpointment of Chairman.

Appointment of

12, The Governor shall appoint some person, not being one of

chairman of Board.

Ibid, sec. 82.

the representative members thereof, to be Chairman of the Board.

Powers of' Board.

Principlee of future

determintrtion by

13, In the making of any determination as to any prices or rates,

Boarde.

every Board appointed under the provisions of sub-section (2) of sec-

Ibid, eec. 83.q

tion 6 of this Act shall have regard to the undermentioned principles,

namely :-

(a) The Board shall ascertain as a question of fact the average
prices or rates of payment (whether piece-work prices or
rate^, or wagea prices or rates) paid by reputable em-
ployers to enlploybs of average capacity:
(6) The lowest prices or rakes as fixed by any determination shall in no case exceed the average prices or rates as so ascer- tained:

( c )

Where

6" EDWARDI VII, No. 915.

T h	Pactorics Act Amendmcd Act.-1906.

(c) Where the average prices or rates so ascertained are not, in the opinion of the Board, sufficient to afford a reasonable limit for the determination of the lowest prices or rates which should be paid, they may so report to the Minister, who shall in such case refer the determination for the considera- tion of the Court of Industrial Appeals, and the Court in that event may fix the lowest prices or rates to be paid without having regard to the provisions of sub-section ( b ) hereof:
( d ) Where i t appears to be just and expedient, special wages,

prices, or rates may be fixed for aged, infirm, or slow

workers.

14, All powers of any Board may be exercised by a majority of Exercise of rowera.

the members thereof present a t any meeting.	Vic. A C ~,
aec. 84.

1976,
15, During any vacancy in a Board (other than in the office of Effect of vacancy.

Chairman), the continuing members may act as if no vacancy existed.	Ibid, sec. 86
provided no member of the Board objects.

16, The Chairman of any Board may require any person (including Power of chairman of

a member of a Board) giving evidence before a Board to give his

Board to adminiater

evidence on oath, and for such purpose shall be entitled to administer ibid, sec.
an oath accordingly to such person.

17, (1) So far as regards any articles, process, trade, or business, Board to determine

loweet price or rnte

in respect to which any Board is appointed, such Board shall deter-

,ym,,.

mine the lowest prices or rates of payment payable to any person, or Ibis,
persons, or classes of persons employed in such process, trade, or
business, or for wholly or partly preparing or manufacturing any
such articles specified by such Board.

(2) Such prices or rates of payment may be fixed at piece-work prices or rates, or at wages prices or rates, or both, as the Board

work tobe

plece-work rate only.
thinks fit: Provided thatyfor -wholly or partly preparing or manu- facturing outside a factory or work-room articles of clothing or wearing apparel, a piece-work piice or rate only shall be fixed, and provided that the Board shall, on request of any occupier of a factory, or work-room, or shop, or place, fix a wages price or rate for any work done by persons operating at a machine used in such factory, or work-room, or shop, or place.

18, Notwithstanding any other enactment, the price or rate	Rate for furniture to
be both a piece-work

of payment to be fixed by any Board for wholly or partly	and a wages rate if
preparing or manufacturing any article of furniture shall, wherever	practicable.
practicable, be both a piecework price or rate and a wages price or	Ibid, sec. 88.
rate. The piece-work price or rate shall be based on the wages price or rate fixed by such Board.

19. Where
6 6" EDWAKDI VII, No. 915.

Tht FactoricS Act Amend-

Act.-1906.

~iece-work&, when

fixed bp Board, to be

19, Where, pursuant to this Act, by any determination of a Board

based on wages rate.	both EL piece-work price or rate and a wages price or rate are fixed
Vic. Act, 1576,	for any work, the piece-work price or rate shall be based on the
sec. 89.	wages price or rate; but no determination shall be liable to be questioned or challenged on the ground that any piece-work price or rate is a greater or less amount than such price or rate would be if based upon the wages price or rate.
Board, when fixing

minimum wage, shall

20, Every Board, when fixing the lowest wages price or rate to

fix rnaximm

be paid to any person or persons, or classes of persons, shall also

number

hours* &C. determine the maximum number of hours per week for which such

ibid, sec. go.

lowest wages price or rate shall be payable according to the nature or conditions of his work; and the wages price or rate payable for any shorter time worked,shall be not less than a pro rot4 amount of such price or rate. The Board shall also fix a higher wages price or rate than that set forth in the determination of the Board as the price or rate payable for the maximum number of hours per week which shall be paid to any male employ6 over the age of sixteen years who works for any time in excess of the maximum number of hours so fixed.

A p p r ~ d c e s

and Improvers and Juvenile V/'o~kers.

Apprentices and

improvers.

21. (1) When determining any prices or rates of payment pm-

suant to this Act, every Board shall also determine the number or

Ibid, sec. 91.

proportionate number of improvers who may be employed within any factory or work-room, or shop, or place, and the lowest prices or rates of pay payable to apprentices or improvers wholly or partly preparing or manufacturing any articles as to which any Board has made a determination, or when engaged in any process, trade, or business iespecting which any Board has made a determination.

(2) The Board when so determining shall take into consideration the age, sex, and experience of such apprentices or impiwers, and may fix a scale of prices or rates payable to such apprentices or improvers, respectively, according to their respective age, sex, and experience, and may fix a different proportion of male and female improvers.

experience of young

Consideration of

22, When fixing the wages rate to be paid to persons (other

workem.	than apprentices or improvers) under twenty-one years of age, for
Ibid, eec. 92.	m y particular class of work, any Board may fix Meren t rates, having regard to the length of experience of such persons in such particular class.

Apprentices and

23. (1) 811 apprentices, unless bound by indentures of apprentice-

improvers.

ship, which bind the employer to instruct such apprentice in a

I bid, sec. Y 3.

process, business, or trade for a period of at least three years, shall be

deemed

6" EDWARDI VII, No. 915.
Thc Factories Act A d m e n t Act.-1906.

- -

deemed to be improvers for the purposes of this Act and the Acts
incorporated herewith.

(2) A person may, with the sanction in writing of the Minister, Vic. A C ~,

1976,

17-
be bound as an apprentice to any trade for less than three years if, owing to his previous experience or length of employment in such trade, it is not possible to bind such person as an apprentice for three years.
(3) A person bound pursuant to this section with the sanction of the Minister shall not be deemed to be an improver.

24, Where, by the determination of a Board, the wages of an Experience of

apprentice, &C.,

how

apprentice or of an improver are to vary in accordance with his
experience or length of employment in his trade, then, for the Ibid,aec.Ol.
purpose of determining the wages he is entitled to receive, any time
during which such apprentice or improver has worked at his trade
shall be reckoned in his length of employment in such trade.
25, Where any apprentice under the age of twenty-one years Determinatione not to

has been bound by indentures of apprenticeship for a period of tiCes.

affect certain appren-

not less than two years, no provision in any determination of a	9D.
Board shall invalidate, cancel: or alter such deed of apprentice- ship in any way whatever. if such deed of apprenticeship was signed by all parties thereto before the notice of motion for the resolution for the appointment of such Board was given in either House of Parliament.

26, The Minister is hereby authoriwd to grant to any person Licence to improvers

over twenty-one

over twenty-one years of age, who has satisfied him that such person ,ear,o~d.

has not had the full experience prescribed for improvers by any Ibid,	UB.
Board, a licence to work as an improver for the period named in such licence at the wage fixed by the Board for an improver of the

like experience.

27, Unless the context otherwise requires, in the determination of a Board the expressions " apprentice " or

Apprentice" or

improver" shall have "'mprOTer."

the like meaning as in

The Factories Amendment Act, 1900."

Ibid, sea. 97.

W h ~ n

Piece-work Rates may beJ;red by Employer.

28,	( 1 ) Any Board, instead of specifying the lowest piece-work piece-work rate may

be fhed by manu-
prices or rates which may be paid for wholly or partly preparing acturer in certain

or manufacturir~g

any articles, may determine that piece-work prices cases.

or rates based on wages rates fixed by such Board may be fixed Ibid, aec. 9s.
and paid therefor, subject to and as provided in the next following
sub-section.
(2) Any employer who, pursuant to such determination, fixes piece-work rates

and pays piece-work prices or rates. shall base such piece-work prices -np

to be bmed on

6" EDWARDI VII, No. 915.

The Fadories Act Arylcrvdmcnt Act.-1906.

or rates on the earnings of an average worker working under like conditions to those for which the piece-work prices or rates are fixed, and who is paid by time at the wages rates fixed by such Board. Every such employer shall, if required by the Chief lnspector so to do, forward a statement of such prices or rates to the Chief

Inspec

tor.

W hen piece- work

rate fixed, offering	(3) Any person who, having fixed a piece-work price or rate as in this section provided, either directly or indirectly, or by any pretence or device, pays or offers (or permit's any person to offer), or attempts to pay any person a piece-work price o r rate lower than the price or rate so fixed by such first-mentioned person, or who is guilty of a contravention of any of the provisions of the preceding sub- section, shall be deemed to be guilty of a contravention of the pro- visions of this Act.
lower rste an
proof that ~iece-work
price comeponds to	(4) In proceedings against any person for a contravention of the provisions of the two last preceding sub-sections of this section; the onus of proof that any piece-work price or rate fixed or paid by such person is in accordance with the provisions of such sub-sections shall in all cases lie on the defendant.
wages rate.

Aged, Slow, and lnfirm Workers.

Aged, slow, or

infirm workers.	29. (1) If it is proved to the satisfaction of the Chief Inspector that any person, by reason of	age, slowness, or infirmity, is unable to
1%. Act, 1976,

sec. 99.

obtain employment a t the minimum wage fixed by any Board, the Chief Inspector may, in such case, grant to such aged, or infirm, or slow worker a licence for twelve months to work at a less wage (to be.named in such licence) than the said minimum wage, and such licence may be renewed from time to time.

(2) The number of

persons so licensed as slow workers employed

in any factory shall not, without the consent of the Minister, exceed	the proportion of one-fifth of the whole number of persons emplopcd
in such factory at the minimum wage fixed for adults or at piece- work rates; provided that one licensed slow worker may be emploved in any registered factory: and any person who? without such consent, employs any greater number than such proportion shall be guilty of contravention of this Act.

(3) Any person who, either directly or indirectly, or by any pre- tence or device, pays or offers to pay, or permits any person to offer or pay, any such aged or infirm or slow worker at a lower rate than that fixed by the Chief Inspector in such licence shall be deemed to be guilty of an offence against this Act.

(4j In the event of the Chief Inspector refusing to grant such

licence,, such person may appeal to the Minister, who may grant such

licence in the place of such Inspector.

Duration
6" EDWARDI VII, No. 915.

The Factories Act Amendment Act.-1906.

clnd Court of' Appcnls.
30. Any price or ratc determined by any Board shall, from a %; , " ~ ~; f ~ ~ ~, " ~ ~ -
date (not being within thirty days of the making of such deter- force untilaltered ay

minatioil) fixed by such Board, be and remain in force until amended a

Vic. A C ~

1976,

by a determination of such Hoard; but such determination may at	,,,.
any time be amended or.revoket1 by the Court of Ind~lstrial Appeals.

31. (1) 'l'he determination of any Board sliall he signed by thc Application

ruination

to of

city,

detn-

Chairman thereof and published in the Goueutmwt Gnrctto, and ,,,,,

shall, notwithstanding any other enactment, apply to every city, Ibid, sec. lO1,
town, and township to which the determination may be expressly
applied by an Order of the Governor published in the Goveixme~tt
Gazette.

(2) ( a ) A determination of any Board may be applied by ail Order Application of

datermins.loo of

Uoard to lils:rlit
of the Governor to any area within the boundaries of a city or town:
(b) 4 determination of any Board may be applied by an Order of the Governor to any area within the boundaries of a. L)is- trict Council whicll is a t least ten iniles from any city or town, if such District Council petitions the Governor t,o so apply such determination:
( c ) Every Order of the Governor made pursuant to this section
shall be published i n the Government Gazette, and any determination thereby applied to any such area shall have full force and cff'eut therein.

(3) When the determination of any Board has been expressly Application of amend-

ment of determina-

applied by the Governor to any city, towi~,

township, or area within tion.

the boundaries of a IXstrict council as aforesaid, then any amend- ment of snch determination at any time made by 'snch ~ o & d or by

the Court of

Industrial Appeals shall also apply to such city, town,

township, or area.
32. No determination of a Uoard shall apply to any children of ~ ~ ~ ~ ~ t ~. e m ~ l o ~ e r

the employer.

Ibid, sec. 102.

Provisio~zs

regarding Furniture, Breud, and Pastrycooks Boards.

33. (1) One Roard may be appointed to determine the lowest Appointmentof Board

for articles of furni-

prices or rates which may be paid to any pxson or persons, or classes ture.
of persons, for wholly or partly preparing or manufacturing any par- Ibid, aec. 103.
ticular articles of furniture; and to any person or persons, or classes
of persons, employed in the manufacturing processes of a maker of
overmantels 'and of wood mantelpieces (other than wood mantel-
pieces to be painted, such as are usually made in saw-mills); and to
any person or persons, or classes of persons, engaged in the manu-
facturing of mattresses or bedding.

B-916

(2) One

10 6" EDWAKDI VII, No. 915.

The Factories Act

Amendment

A c t. 1 9 0 6.

For bread-making

etc.	( V ) One Board may be appointed to determine the lowest prices or rates which may be paid to any person or persons or classes of persons for bread making or baking, and to any person or persons or classes of persons employed in the manufacturing processes of a pastrycook.

Go v e m or may

extend the Powers of' Boards.

Power

determine

34, (1) Where any person or persons or classes of

persons is or

prices or rates oayable

certain pers;,ls ~rrpnringanyartieles. the lowest prices or rates of payment for preparing or manufacturing

for are employed by any emplojer in preparing or inanufacturing articles,

Vic. A C ~ 10i6, which have been determined by a Board, then, it so directed by the	sec. 104.	Governor, any Board shall also; in the manner prescribed in this Act, determine the lowest prices or rates of payment which may be paid
by any employer to such person or persons, or classes of persons,
for wholly or partly preparing or manufacturing, either inside or outside a factory or work-room, any part.icular articles whatsoever.
Power to extend
scope of Board.	(2) 'The Govcrnor may, 'Jy an order published in the Government Gazette, if so authorised by x resolution passed by both Houses of

Tic. Act 2008, sec.

16.

Parliament, cxtend the powers of any Board lzncter this Act and the Acts incoi.iorated he rewh, so that k c h h a r d may fix the lowest prices or rates for any articles or process, t r d e or business, or part of any such process, trade, or business, which, in the opinion of the Governor, are of the same or similar class or character as those for which such Board was appointed; and such Board shall, as regards the articles, process, trade, or business mentioned in the extending Order in Council, have all the powcrs conferred on a Board by the said Acts.

Tic. A C ~

1976,

(3) The production of s copy of the Gocernment Gazette contain-

sec. 110 (2).

ing an Order so extending the powers of a Board shall be conclu-

Evidence.

sive evidence of the making of such Order, and such Order shall not

be liable to be challenged or disputed in any Court whatever.

Suspension qf Determination.

Power to euepend

letemination of any

35. (1) Notwithstanding anything contained in this Act, the

Board.

Governor may, at any time, for such period or periods as he thinks

Ibid, MC. 105.

fit, not exceeding six months in the whole, by Order published in the Government Gazette, suspend the operation of the determination of any Board. When the operation of any determination (whether published in the Government Gazette or not) is so suspended, it shall be the duty of such Board to forthwith hear, receive, and examine evidence as to such determination, and thereupon such Board may either adhere to the said determination, or may make such amend- ments therein as to such Board seem proper.

~nblickion

amended detemina-	(2) In the event of such Board making any such amendments, such determinatioii as so amended shall forthwith be published in the Gove~*nnzent Gazette, and shall for all purposes be 'deemed and taken to be the determination of such Board, and shall, from such date as may be fixed in such amended determination, apply to every
tion.
city, town, township, and also to any area within the boundaries of

6" EDWARDI VII, No. 915.
The Factories Act Amendment Act.-1906.
a Uistrict Council, to which such determination may be expressly applied by an Order of the Governor published in the Government Gazette ; and the suspended determination shall thereupon have no further force or effect.
(3) In the event of such Board notifying the Minister that such Removal of sus-
Board adheres to its determination without amendment, such sus- penEion,
pension of the operation of such determination shall, by an Order of
the Governor published in the Government Guzette, be I evoked from
such date not later than fourteen days as may be fixed in such Order.
General Provisions.

38. 111 this Act the expression " clothing or wearing apparel " Meaningof

'' clothing," &c,

includes boots and shoes.	Tic. Art 1976,
sec. 106.

37. (1) IVlicre any person is employed to perfor~n

two or more

employ(

classes of work to which a rate fisecl by a Board is npplicnl~le,

then

w c w ~ d

in two or

mote cln-aee of work.

such person shall be paid in respect of the time occupied in each

Ibitl, sec. 10'.

class of ~vork

at the rutc fisetl 1)y thc Uoard for such work.

(2) When any person is employed during any part of s day for Rate of mwAa

an employer at n.ork for which a Board has fixed it wages price or

day.

rate, then all work whatever done by such person during such day Vic. ~ c t

2008,

-for such employer, whether inside or outside a factory or work-room, WC. 15.

shall be paid for at the same wages price or rate.

38. When any determination of a Board is amended, snspended, Effect on legal pro-

or repealed, such amendment, suspension, or repeal shall not directly ;;''$?	or indirectly affect any legal proceedings of any kind theretofore determinntlon.
commenced under the provisions of' this Act for any breach of such vie. A C ~ 1 9 i j,
determination, nor any right existing at the time of such amendment, 8eC- l' 8.
suspension, or repeal.

39. The Governor may, by Order published in the Government short title of Boardrr.

Gazette, direct that any Board may in any regulation, determination, Ibid,

Order, or instrument, or legal proceedings, be described for all
purposes by some short title specified in such Order.

Ronlau characters, in some conspicuoii S place at or near the entrance determinationa

40, There shall be kept printed, painted, or affixed, in legible Notification of

of each aud every factory, or work-room, or shop, or place to which Ibid, sec. L1O, the determination of a Board applies, in such a position as to be I easily read by the persons employed therein, a true copy of the
determination of the Board as to the lowest prices or rates of pay-
ment determined by such Board.

41. W hen in any determination a Board haa fixed piece-work ~ f f e c t

on pi--work

prices or rates for wholly or partly preparing or manufacturing any ,,,,,

rate of oorying uaual

articles, and in the description of the work in respect of which such Ibid, 8ec.
piece-work price or rate is to be paid such Board enumerates several
operations, and when any one or more of such operations is by the
direction or with the expressed or implied consent of the occupier
of

EDWARDI VII, No.

of the factory, or liis manager, or foreman, or agent, omitted, such onlission shall not affect the price or rate to be paid in connection with the parti.cular work, but such price or rate shall, unless other- wise provided in such determination, be that fixed as the price or rate for the whole work described.

Effect of fixing	a	42, When in any determination a Board has fixed a wages rate
wages rate only	'S

only for wholly or partl\- preparing or manufacturing, either inside

\%. Act 1975,

rec 112.	or outside a factory or work-room, any articles, or for doing any work, then it shall not be lawful for any person to pay, or authorise or permit to be paid t h e r e f o r ~ n y piece-work rates, and the receipt or acceptance of any piece-work k tes shall not bc deemcd to be pay- ment or part payment of any such wages.
paid in goods.

EmplorCsnottobe

43. Where a piece-work price or rate or a wngcs price or rate has

been tistd by the determination of any Hoard for wholly or partly

Ibid, sec. 113.	preparing or mnnlifacturing, either inside or outside any factory or work-room, any articles, or for doing any work, no person shall, either directly or indirectly, require or compel any person affected by such determination to accept goods of any kind or description in lieu of money, or in paynlcnt or part pay~nent for any work done or wages earned, and the receipt or acceptance of any goods shall not be deemed to be payment or part payment for any such work or of'
any such wages.
Power to recover rat6

determined by Board,

44. Where any employer employs any person who does any work

notwithstanding any

for him for which a Board has determined the lowest prices or rates.

agreement to the

trary.

then such employer shall be liable to pay, and shall pay, in full; in money, without any deduction whatever, to such person the price

lbid, sec. 114.

or rate so determiued; and such person may, within twelve months after such money became due, take proceedings in any Court of com- petent jurisdiction to recover from the employer the full amount or any balance due in accordance with the determination, any smaller

payment or any express or implied agreement or contract to the con-

trary lotw withstand in g.

Proceedings

in C o u ~ t s

of Law.

Evidence of determi-

45. The production in any Court of n copy of the Government

nation.	Gazette containing the determination of any Board shall be con-
sec. 11'1.	clnsive evidence of the due making and existence of such deter- mination, and of the due appointment of such Board, and of a l l preliminary steps necessary to the making of such determination.

Determinations of

46. (1) If any person desires to dispute the validity of any

Bmra~bal*engable determination of any Board made or purporting to have been
before the Bupreme

Court on1 y .	made under any of the provisions of this Act, i t shall be lawful for
SW. 118.	such persou to npply to thc Supreme ('ourt, upon motion supported
by affidavit, for a rule calling upon the Board to show cause why
such determination should not be quashed, either wholly or in part., for the illegality thereof; and the said Court may ~nake the said rule absolute or dischargo it, with or without costs, as to the Court
$all seem just. (2) Every

6" EDWARDI VII, No. 915.
The Factories Act Amendment Act.-1906.

- P - -- -

-p--.--P

(2) 1-very determination of :my Board shall, unless and until so quasht.d, hare and be clt-emetl and taken to h a ~ e

t h ~

like force,

~al id i ty, and effect as if snch cletermi~lation had been enacted in this Act, and shall not be in any manner liable to be challenged or dis- puted; but any such determination may be altered or revoked by any subsequent determination under this Act.

47,	(1) Where n pi-ice or rate of payment for any person or penalty.

pcrsons? or classes of

persons, ernploycc1 in any lwocess, trade: or Vie. A C ~

1975,

business, or for wholly or partly preparing or manufacturing any

l19.

articles ns nforcwtid, has been det&nined by n Board and is in force.

then any person -

( a ) Who, either directly or intlilwtlp, or under a n y pretence or device, attempts to cn~plop or cml~loya,

or authoi.iscs 01.

permits to bc cmldoyed, any parson, apl)rentice, or im- prover i n any lzocess, trade, or bcsiness, or in so preparing 01. m;mnfacturing any such articles, at a lower price or rate
of wagcs or piece-morlc (as the case may be) than the price
or rate so determined; or
( b ) Who attempts to employ or cmplom, or authorises or permits
to be employed, any inrprorrr in excess of the number or proportionate nun~bel- as determined pursuant to this Act; or

of any of the provisions of

this Act,
shall be guilty of an offmct. against this Act, and shall, on conviction, be liable to a penalty for the first offence of not more than Ten Pounds, and for the second offence of not less than Five Pounds nor more than 'Twenty-five Pounds, and for the third or any subse- quent offence, of not less than Fifty Pounds nor more than One! Hundred Pounds.

(2) The registration of the factory or work-room of any person who is conricted under this Act of' a third offence shall, without further or other authority than this Act, be forthwith cancelled by

the Chief Inspector.

Court of Itldmtriul Appeals.
48. ( l ) 'l'here shall be a Court of Industrial Appeals for deciding comtitution er court.
all appeals against a determination of a Hoard, and for dealing with any detern~ination of a Board referred to the Court by the Minister.

j The Court shall consist of s i~ch

Judge of the Supreme Court

as h a y be frolu time t o time appointed by the Governor.
(3) If, from any cause whatever, any Judge appointed as afore-
said is unable to act, the Governor may appoint any other Judge of

the S~iprmie

Court to constitute the Court during such inability.

(4) The Governor may, for the purposes of this Act, appoint a
Beg is tnu of the Court ~f Indus trial Appeals,

49,

W here

6" EDWARDI VII, No. 915.

The Factories Act Amendment Act.-1906.

Power of Court.

49, Where any determination of a Board is under the considera-

Vic. Act 2008,	tion of the Court of Industrial Appeals, such Court may, in fixing
mc. 32.	any prices or rates of payment (whether piece-work prices or rates, or wages prices or rates), either confirm, increase, or decrease the same, as the Court thinks fit.
Principles of deter-

mination by Court.

50, Where any determination of a Board appointed under sub-

Tic. Act 19i5,	section (2) of section 6 of this Act is under the consideration of the
sec. 121.	Court of Industrial Appeals, such Court shall in all cases have regard to the principles mentioned in section 13 of this Act.
Yrinciplee as to past
determinations.	51, Where any determination made by a Board is being dealt with by the Court, such Court shall cohsider whether the deter-
Ibid, sec. 122.	mination aypealled against has had or may have the effect of prejn- dicing the progress, maintenance of, or scope of employment ill the trade or industry affected by any such price or rate; and, if of' opinion that it has had or inay hare such effect, the Court sllall make such alterations as, iti its oyiniorl, may be necessary to remove or prevent such effect. and at the same tinle to secure a. living wage
Living wego.	to the employ4s ill such trade or industry who are aRcctcd by such determination.

Appeal to Coui t.

52, (1) Notwithstancling anything contained in this Act, n

Ibid, eec. 1'23.

majority of the representatives of einployeis, or a majority of the representatives of employ& on any Board, or ally enlployer or group of employers, who employ not less than twenty-five per centum of the total number of the workers in any trade, or twenty-five per centum or more of the workers in any trade, inay at any time in the prescribed manlier appeal agtlinst, any determination to the Court.

For the purposcs of this sub-section the Court shall accept the records

given by the Chief Inspector in his latest annual report.

(2) The Minister may, without appeal, at any time after the making of a determination by a Board, refer such determination for

the consideration of

the Court, and may also refer any appeal made

to him as hereinbefore provided for the consideration of the Court.

(3) No appeal ngainst or reference to the Cocrt of ;t determina- tion which has been published in the Goz;e~.~tnzent Gazette shall have the effect of suspending or delaying the operation of such determination.

(4) Every determi~lation

of it Board referred to the Court by the

Minister, and such documents relatirrg thereto as may be deemed necessary, shall be forwarded by the Chief Inspector to the Registrar of the Court.
( 5 ) Except as hereinafter provided, no barrister, solicitor, or agent shall be allowed to appear before or be heard by the Court.
By the direction of the Court, or with the consent of both parties to
the appeal or reference, either party !nay, at its own cost, be repre- sented by a barrister, solicitor, or agent. In appeals under sub-

section

6" EDWARDI VSI, No. 915.
The Factories Act Amendment Act.-1906.
--
~action (l ) of this section, the C o u ~ t may give such directions for the representation of parties as may in the circumstances appear to be proper.
(6) The Court shall have and may exercise all or any of the powers conferred on n Board by this Act, and shall have full power

to amend the whole or any p a ~ t

of any determination of a Board.

(7) The Court shall have and inay exercise, in respect of the summoning sending for, and examining of witnesses, docnnlents, and books, and in respect of persons summoned or giving evidence before the Court, the same powers as are by " The Witnesses on Com- mission Oaths Act " conferred on Commissioners when the Governor directs that the witnesses to be examined before them shall be examined on oath: Provided, howevcr, that, every snmmons to attend the Court shall be signed by the Registrar.
(8) No evidence relating to any trade secret. or to the profits or financial position of any witness or party, shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure.
(9) The determination of the Court. shall be final nnrl without appc'al, and may not be reviewed or altered by a Hoard, or any other Court, without leave of' the Court; but the Court, if satisfied upon affidavit that a primd facic case for review exists, may either give such lease or may direct a re-hearing before the Court, when the Cowt may itself alter or amend its determination.

(10) The determination of the Court shall be forwarded to the Minister by the Registrar.
53. (1) On any appeal or reference to the Court, the Court shall A - m.

appoint two assessors for the purpose of advising on any questions Vie. A C ~

1975,

sec. 124.

r e l d n g to

the deter mina tion.

(2) Within such time as the Court specifies, one of such assessors may be nominated by the representatives of the employers and one	by the representatives of the employ& on the Board which made the
determination.
(8) If default is made in nominating au assessor for the employers or the employ& (as the case may be), the Court may appoint an assessor for the employers or the employ& (ss the case may be) without any nomination.
(4) Each assessor shall be entitled to an attendance fee of One Pound for every day on which he attends the Court by order of the Court.

54. (1) The Minister shall cause each determination of the Court Publication, &c.
to be published in the Government Gazette, and such determination ibid, .K. 125.
shall apply to every city, town, township, and area to which the
referred determination applies or is or had been expressly applied.
(2) The

6" EDWARDI VII, No. 915.

p----

The Factories Act Amendment Act.-1906.

- -
(2) The production before any Court of a copy of the Govn.)rme~rt
Gazette, containing a determination of the Court, shall be coiiclusive
evidence of the making and existence of such determillation, and of the appointment of such Court, and of all preliminary steps nccessary to the making of such determination.
(3) The provisions of this Act for or relating to the enforcenlrnt of any determination of a Board shall equally apply to any deter- mination made by the Court, and such provisions shall, with such substitutions as may be necessary, be read and ccnstrued accordingly.
Application of any

determination of	55, Notwithstanding anything in the principal Act to the con-
District Council.

Court to portion of

trary-

Vic. Act 1976,	(0) A determination of the Court of Industrial Appeals may be appliccl by an Order of the Governor to any area within the boundaries of a District Council, if s'uch area is within ten miles of any city or town:
sec. 126.
( h ) A determination of the Court of Industrial Appeals may be

applied by an Order of the Governor to any area within the boundaries of a District Council which is at least ten miles from any city or town, if the District Council petitions the Governor to so apply such determination:
(c) Every Order of the Governor inade pursuant to this section shall be lmblished in the Gouernment Gnzett~, and any determina'tion thereby applicd to any such area shal have full force and effect therein.

Mi,~celZaneous.

Working hours for	56. (1) Except as in this section provided, no person shall work-room, any person under the age of sixteen years, or any woman or girl, for more than forty-eight hours in any one week, or for more than ten hours in any one day, or later than nine o'clock in the evening.
females and boya.	employ, or authorise or permit to be employed, in any factory or
Ibid, aec. 40.

Provision for unfore-

(2) I n order to meet an unforeseen press of work, any occupier of a factory or work-room may employ any boy under sixteen years of age, or any girl over sixteen ycars of age, or any woman fbr not more than fifty-five hours in one week, subject to the following con-

seen presg of work.

ditions,

namely: -

Conditions.	( a ) The aggregate number of hours of employment above forty- eight hours per week shall not exceed one hundred hours in any one year:
( b ) Notice of having availed himself of the provisions of this sub- section shall be given by the occupier of such factory or work-room to the Chief lnspector within twenty-four hours after the commencemcn t of such extra working, and a copy thereof shall be affixed in the I'actory or work-room within such period. The notice to the Chief Inspector shall be accompanied by a full statement signed, by such occupier, of the facts on which the occupier relies that such working was bond fide for the purpose of meeting an unforeseen press of work: (C) The
6" EDWARDI VII, No. 915.

The Factories Act Amendment Act.1906.
(c) The occupier of the factory or work-room shall keep a record of every day and week in which he avails himself of the provisions of this sub-section, and a copy of such record for twelve months back shall be kept constantly affi xed in legible characters in some conspicuous place where it may be easily read by the persons employed in the factory or work-room:

(d) Payment for overtime and tea money shall be made for each day on which the occupier of a factory or work-room avails himself of the provisions of t.his sub-section, at the rate prescribed in the Second Schedule to this Act:	Second ~ c h e d ~ l e.	I
(e) No such boy, girl, or woman shall be so employed without

his or her consent:
(f) If the Minister is not satisfied that such working was bond
fide for the purpose of meeting an unforeseen press of work
he shall give notice in writing of such dissatisfaction to such occupier, and unless the occupier of such factory or work-room within one month from such notice proves to the satisfaction of the Minister that such working was
bond fide for such purpose the Minister shall direct the
Chief Inspector to make a record that such working was not bond fide for such purpose; and
(9 ) If the Minister directs such record to be made in regard to any occupier of a factory or workroom three times within any period of twelve calendar months, such occupier shall not thereafter at any time be entitled to avail himself of the provisions of this sub-section.
(3) If any person offends against the provisions of this section he P e n W.
shall be liable to a penalty for the first offence of not more than Five Pounds, and for any subsequent offence of not less than 'I'wo Pounds nor more than Twenty Pounds.

(4) In order to meet the exigencies of trade the Minister, after Minieter map tempo-

rarily suspend

duk inquiry and on payment of the .prescribed fee, may, if he thinks ,i,ibtion	of
fit, from time to time, by notification under his hand published in U thk Government Gazette, suspend the operation of this section in any one or more factories or work-rooms, or in all factories or work-rooms of a particular description, or for any particular trade, or for any par-

ticular purpose of any particuhr trade.

No such suspension shall Limit of suspension.

have any force or effect for more than two months from the date of

such notification, and in the event of any breach of the conditions	l
of such suspension the same may at any time be revoked by the Minister by a notification under his hand posted to the occupier of the factory or work-room affected thereby and also published in the Government Gazette.

(5) Every notification by the Minister of the suspension of the Form of suspension.
operation of this section in any one or more factories or work-rooms, or in all factories or work-rooms, shall be as nearly as may be in the form and contain the conditions set forth in the Second Schedule to second Schedule.
this Act.

C-916

p) On

6" EDWARDI VII, No. 915.

The Factories Act Amendment Act.-1906.

Calculation of

piece-

worker's time.	(6) On any day all persons under sixteen years of age, and all women and girls, employed in any capacity in a factory or work-room shall (meal times excepted) be deemed to be employed in a factory or work-room from the time when t,hey commence work until the time they leave.
Tic. 1664, sec. 29.

Employee not to be	67.	(1) It shall not he lawfd for any occupier of a factory, work-
boarders.

Vic. Act 2008,

room, or shop (other than chemists' shops;, coffee-houses, confectioners,

sec. 33.

eating-houses, fish and oyster shops, fruit and vegetable shops, restaurants, tobacconists' shops, booksellers' and news agents' shop, and cooked meat other than tinned meat shops), his wife or child, to directly or indirectly, for any consideration, keep or receive adult employ& as boarders or lodgers, or have any share or interest in the keeping of a lodging-house i n which his employ& board or lodge: Provided that the Chief Inspector may, if he think fit, allow an occupier of a factory, work-room, or shop, or his wife or child, to accept money for board or lodging from an employ6, subject to such conditions as the Chief Inspector may impose.

(2) Except as in this section provided, no employ6 shall pay to
any occupier of a factory, work-room, or shop, or his wife or child,
any sum of money whatever for board or lodging, or give credit
theref or.

Penalty for offencm.

58. Every person guilty of any contravention of or offence against this Act, or any regulation thereunder, for which no penalty is pro- vided by this Act or such regulation, shall, on conviction, be liable to a penalty for the first offence of not more than Two Pounds, and for every subsequent offence to a penalty of not less than One Pound or more than Ten Pounds.

Regulations.

59. The Governor may, subject to the conditions prescribed by
section 29 of the principal Act, by Order published in the Gouern-
ment Gazette, make and issue regulations for the more effectual

carrying into effect the objects of this Act, and in particular-

Prescribing the manner of appeal to the Court of Industrial
Appeals;
Prescribing the mode of appointing secretaries to Boards;
Prescribing penalties, not exceeding Ten Pounds, for each

offence against such regulations or any of them;

Prescribing the form of notices to be given in pursuance of this Act, and containing particulars with regard to factories or workrooms; and
prescribing the form of returns to be made by the occupiers of
factories or workrooms and by employers.
In the name and on behalf of His Majesty, 1 hereby assent to
this Bill.
GEORGE R. LE HUNTE, Governor.
SCHEDULES,
EDWARDI VII, No.
The Pactmies Act Amendmca Act.-1906.
SCHEDULES.
FIRST SCHEDULE.
I

Short Title of Act.

Nature and Extent of Appeal.

Number

of Act. I

603 1

The Factories Act, l894 "

Sections 13 and 29.

Sec. 'L.

" The Factories Amendment

The whole of Part II., except sections 35

Act, 1900 "

and 38.

In section 57, sub-section i t. , the words
" any apprentices or ", and the words
apprentices or ", and the words " or of apprentices and improvers (as the caBe may be)."

Section 58.

SECOND SCHEDULE.
" The Factories Act Amendment Act, 1906."

In compliance with an application in writing under the provisions of

The Sec. 56.

Factories Act Amendment Act, 1906," and after due inquiry, I, being the Minister for the time being administering the said Act, do hereby suspend the operation of section 56 of the said Act in the

for a period of	weeks from the	, upon the following express
conditions, that is to say :-

l. That no person or persons shall employ in the said factory or work-rooms more

than females, or more than boys, under the age of

sixteen years for more than forty-eight hours in any one week, and that the said females and boys under the age of sixteen

years shall not be employed for more than

hours in any one week,

nor for more than

hours beyond the ordinary working hours in any one

day, in preparing or manufacturing articles for trade or sale.
2. 'l'hat every boy under the age of sixteen 1 ears, and every female, so employed shall receive not less than respectively per week for each week during which he or she works overtime, and, in addition, each wage-worker shall be paid for such o~er t ime at the rate of time and a quarter, and each piece-worker shall be paid a rate and a quarter for overtime in addition to ordinary earnings by piece-work.
3. That every boy under the age of sixteen years, and every female, shall rcceive
six-pence tea money each evening he or she works overtime.
4. 'l hat none of such females or boys shall be so employed for more than forty-
eight hours in any one week without their consent.

5. That a copy of

this order be kept conspicuously and continually posted in such

factory or work-room for the information of all concerned.

Given under my hand, at Adelaide, the

day of

, l 9

Minister of Industry.
THIRD

6" EDWARDI VII, No. 915.

- -

The Factories Act Amendment Act.--1906.

THIRD SCHEDULE:

REGULATIONS

APPLICABLE TO ANY TRADE,

PROCESS,

BUSINESS,

OCCUPATION,

OR CALLING

UNDER THIS ACT.

Records and Notices.

2. The record of the names, work, and wages required to be kept under section 10 of " The Factories Amendment Act, 1900," shall be in the form and give the parti- culars required in Schedule I. hereto.
3. Every occupier of a factory shall forward to the Chief Inspector, when demanded in writing by him, a return of the names, work, and wages of all persons who are employed in such factory (and in case any of such persons are under the age of 18 years, the age of such persons) during the year immediately preceding the date of such return, in the form and giving the particulars required in Schedule I. hereto.
4. The record of fines required to be kept under section 10, sub-section ( 6 ), of The Factories Amendment Act, 1000," shall be in the form and give the particu-
lars required in Schedule 11. hereto.
5. Every occupier of a factory for whom work is done elsewhere than in such factory shall keep a record of the description and quantity of such work, and of the names and addresses of the persons by whom the same is done, and the prices paid in each instance for such work, in the form and giving the particulars required in Schedule 111. hereto. For the purposes of this regulation every person who issues, or gives out, or authorises or permit! to be issued or given out, any article or material whatsoever for the purpose of being wholly or partly prepared or manufactured out- side a factory for trade or for sale shall be deemed to be the occupier of a factory.
6. Every occupier shall forward to the Chief Inspector, when required in writing
by him, a return of each of the records mentioned in rules 4 and 5 of these regula- tions, in the forms and giving the particulars required in Schedules 11. and 111. hereto respectively.
7. Every person who, outside a factory, wholly or partly prepares or manufactures any article or material for trade or sale shall, either personally or by written notice, register with the Chief Inspector his full name and address; also, from time to time in like manner, register with the Chief Inspector any change in such address; and such registration hall be effected by filling in and duly signing the form contained in Schedule IV, hereto, delivering the same at the office of the Chief Inspector, or send- ing i t to him through the post, within seven days from the date of commencing such work.
Mode of Electing Mern6el.s o f Boards and matters relating t o Boards.
8. The Chief Inspector shall prepare rolls of voters, none of whom shall be under
18 years of age, for the purposes of the election of members of boards, and such rolls shall be in the forms of Schedule V. hereto. There shall be separate rolls for each manufacture, process, trade, or business in respect of which a board is directed to be elected.

9. For the purpose of the preparation of such rolls every occupier of a factory shall forward to the Chief Inspector, when demanded in writing by him, a list of all persons who shall have been boriajfide employed by him in such factory on the date of making such list, and who shall have been so employed by him for at least 14 days during the month next preceding the date of the making of such list, and such list shall be in the form and give the particulars required in Schedule VII. hereto.

10. Every employer, and the occupier of every factory or wurkroom, shall forward to the Chief Inspector, when required in writing by him, a list of the persons employed by such employer or occupier outside a registered factory or workroom, and such list shall be in the form and giving the particulars required in Schedule
VIII. hereto.
11. The employers' rolls of voters shall be prepared from the lists to be for- warded to the Chief Inspector by employers in pursuance of rule 9 of these regula- tions, and shall be corrected each year according to such lists.
12. An employer shall not be registered on the roll of electors for the election of members of any board, except in respect of a registered factory or workroom in which an article is prepared or manufactured, or in which there is carried on the manufacture, process, trade, or business in respect of which the lowest prices or rates are to be determined b? such board; and no employer shall be entitled to vote at an election of members of such board until he shall have complied with regulation 9.
13 The number of votes to which an employer duly registered on the electors' roll
for the election of members of every board shall be entitled shall be determined as
follows :-Where such employer shall employ 10 or a lesser number of employ6s, one
vote;
EDWARDI VII, No.
The Fmtorks Act amend^ Act.-1906.
vote; where such employer shall employ any number of employks being more t h ~ n
10, then one vote for each 10 employ6s; and where in such last-mentioned case,
after dividing the number of employ6s by 10. any number remains, one vote for the
number SO remaining; but only one person shall be entitled to vote in respect of any
one registered factory or workroom, and only employks employed in such registered
factory or workroom in the manufacture, process, trade, or business in respect of

which a board is to be elected. and who are dulv registered on the roll of ~ o t e r ~.

shall be counted in determining the number of votls ~11th

employer is entitled to.

14. Each employ6 duly registered on the roll of voters for the election of members of any board shall have one vote only for the trade to which he belongs.
15. Each employ6s roll of voters shall be prepared from the lists of employ6s for- warded to the Chief Inspector by employers in accordance with these regulations, and from any records as to employ6s required to be made or kept under the Factories Acts: Provided that any person qualified, as hereinafter provided, to be placed on a roll of voters as an elector of representatives of employits on any board shall be placed on such employ& roll of voters.
16. Every employ&, not under 18 years of age, who produces evidence satisfactory to the Chief Inspector that his ordinary occupation, when at work, is employment in preparing or manufactnring any article, or in any process, trade, or business in regard to which the lowest prices or rates of payment are to be determined by any board, shall be placed on the roll of voters as an elector of representatives of em- ploy6s.
17. The application of any employ6 to be placed on the roll of voters shall be in form of Schedule IX. hereto.
18. If the Chief Inspector fail, neglect, or refuse to enter any person's name on the roll of voters, such person may appeal to the Minister, who may direct the Chief Inspector to enter such person's name as an elector on the roll or may dismiss the appeal, and such decision shall be final.

19. No person shall be entitled to be enrolled both as a voter for representatives of employers and as a voter for repre~entatives

of employks.

20. The names of employ& working outside a factory or workroom shall be entered on a roll of voters separate from that on which the names of the employ& working in a factory or workroom are entered.
21. If the number of voters of any board working outside a factory or workroom is greater then one-fifth of the whole number of voters who are employits, then the voters working outside a factory or workroom shall be entitled to nominate candi- dates, and to vote for and elect, as hereinafter provided, one member of such board, but shall not be entitled to nominate or vote for any person as representative of persons working inside a factory or workroom; and employks working in a registered factory or workroom shall not be entitled to vote for any person nominated for election as a special representative of persons working outside a registered factory or workroom.

22. If the number of voters working outside a factory or workroom is not greater than one-fifth of the whole number of voters who are empioy6s, then the voters working outside a factory or workroom shall be entitled to ro te for the full number	of persons to be elected as representatives of employks on such boards, but shall not
be entitled to elect special representatives for outworkers only.
23. When the Governor in Council directs, by order published in the Government Gazette, that a board be appointed to determine the lowest prices or rates for pre- paring or manufacturing any particular articles, or for any process, trade, or business, such order shall state the number of members of which such board shall consist, and shall specify the particular articles, or the manufacture, process, trade, or business to dealt with by such board; and the Governor in Council may, in the same or a subsequent order, appoint a day on or before which nominations of candidates for election on such board shall be received by the returning officer, and a day for the election of candidstes, which day for the election of candidates shall be a Saturday.
24. Of such members one-half shall be elected by and be, or shall have been, bond j d e and actual employers in the trade concerned; and the representatives of employ& shall be, or shall have been, actual and bond Jide employ&s in such trade: Provided that, in the case contemplated by rule 22 of these regulations, one of such members to be elected by emplop6s shall be nominated and elected by voters working outside a factory or workroom, subject to the provisions of the aid rule 22.
25. In the event of any vacancy occurriug from any cause whatsoever in any board, the Governor may, without previous nomination or election, appoint a person a s representative of employers or employCs, as the case may require (and the person

6" EDWARDI VII, No. 915.

The Pactorics Act Amendmnt Ad.-1906.

so appointed shall be deemed and taken to have been elected by such employers or employks, as the case may be); and such person shall be so appointed for the unexpired portion of the term of office of the member vacating the position on such board.

26. The Secretary to the Minister of Industry, or any other person appointed by the Minister, shall be returning officer for the purposes of

the election of any board,

and he may, by writing under his hand, appoint a substitute to act for him. Such returning officer or substitute may, by writing under his hand, appoint such assistants as he may think proper.
27. Every candidate as a representative of employers on any board shall be nominated in writing by five voters duly registered on the employers' roll of voters for such board, and every candidate as a representative of employks on any board shall be nominated in writing by 10 voters whose names shall have been registered on the employ&' roll of voters for such board: Provided that a nomination by not less than one-fifth of the whole number of employers or of employ& (as the case may be) on the roll of voters shall be sufficient; and every such nomination shall contain the written consent of the candidate to his nomination, and shall be delivered or posted to the returning officer so as to reach him before 4 o'clock on the day of nomination.
28. Should the number of persons so nominated for any board as representatives of employers, or as representatives of employCs, not exceed the number to be so elected, the returning officer shall report to the Minister that such persons so nomi- nated have been duly elected as representatives of emplopers, or as representatives of employks (as the case may be).
29. Should the number of persons nominated, either as representrttives of employers or as representatives of employ&, exceed the number to be so elected on any board, the returning officer shall, by notice in the Government Gazette, notify a day for the taking of a poll (being the day of election specified in the order for the appointment of the Board or in any subsequent order) for representatives of employers or repre- sentatives of employ&, or for all representatives (as the case may be).
30. The returning officer shall appoint such polling-places as he shall think neces- sary for the purposes of any election, and shall give notice of such polling-places by advertisement in the Govemwmt Gazette, and shall appoint some person to preside at such polling-places on the day of election; and such polling-places shall on such day be open for the receipt of votes from 9 o'clock in the morning until 7 o'clock in the evening. At an election the candidates representing employers and candidates representing employ& may respectively be represented at each polling-place by some person who may act with the returning officer, or his assistants, in counting ~ o t e s.
Such persons sball be appointed by instrument in writing, signed by the candidates representing employers or candidates representing employha (as the case may be), or a majority of such candidates respectively.
31. No additional names shall be added to the roll of voters after the returning officer has published in the Government (r'uzette the notice for fixing the day for

taking the poll until after that particular election is over.

32. Every voting paper shall contain the names of each of the candidates fol election, either as a representative of emplopers or employ6s (as the case may be), and may be in one of the forms in Schedule VI. hereto applicable to the case.
33. Each elector shall place a cross within the square opposite the names of the candidate or candidates he wishes to vote for in the voting payer, and shall forth- with return the voting paper to the presiding officer, who shall place it in a ballot box. No roting paper shall be allowed in which more or fewer candidates are voted for than the number of persons to be elected.
34. The returning officer shall, as soon as practicable after the close of the polling, count the votes received; and hall report to the Minister the election of those candi- dates, not exceeding the number to be elected, who have received the greatest number of votes.
35. In case two or more candidates shall receive an equal number of votes the returning oflicer shall have a casting vote.
36. In all cases not herein provided for the rules and usages at parliamentary elec- tions shall be followed as far as they may be applicable.
37. It shall be lawful for an employer to vote at an election, in respect of which he
is entitled to vote, either personally or by an agent duly authorised in that behalf by
instrument in writing signed by the employ er and attested.
38. I t shall be lawful for any member of any board, by writing under his hand,
to the Minister of Industry, and which writing shall forthwith, 8fter the
signing

--	6" EDWARDI VII, No. 915.

The Pactories Act Amcndmcnt Act.-1906.
signing thereof, be delivered to such Minister, to resign his seat on such board, and upon the receipt of such resignation by such Minister the seat of such member shall become vacant.
39. The Minister may direct some officer to act as secretary to each board.
40. The mode of conducting the business for which any board is appointed may be

fixed by such board, or may be left to the decision of

the chairman.

41. Every determination shall be communicated to the Minister, in writing, by the chairman of such board.
42. After the determination of any board has been published in the Governmtnt Gazet/e, such board shall adjourn sine die, and shall meet again only when convened by the Minister, or by the chairman of such board; but the chairman shall convene a meeting of the board whenever a majority of the members of the board request him in writing so to do.
43. The chairman of a board, for attendance at a meeting, shall be paid El for
each meeting of the board extending over the morning and afternoon of any day; and
$1 for the meeting of a board commenced during the afternoon of any day and con-
tinued after 7 p.m. the same day. For a meeting either during only the forenoon or
afternoon or evening the chairman shall be paid 10s.
44. Every member of a board, for attendance at a meeting, shall be paid 10s. for each meeting of the board extending over the morning and afternoon of any day; and 10s. for a meeting of the board commenced during the afternoon of any day, and continued after 7 p.m. the same day. For a meeting either during only the forenoon or afternoon or evening of any day each member shall be paid 5s.

SCHBDULB

Record under the Factoriea Acts of the Names, Work, and T a g c l of all Pmaonr Employrd in the

undermentioned Factory during the

Year ending.

..............

, 190. .

Name of employer

..................... ....

........

Where factorv situated ..........................
h'ature of woik carried on. ........................

Amount of

Sex.

Weekly

AiY

Particular8 of

Earnino.

Names of Emplop6s.

Work Done by

under

each Employ&.

IIMale. Isemale.I

Wages. Piece-

1 work.

I certify the above ie a true and correct record of the names, work, and wages of all persons employed in the above-mentioned factory from ...........

,190

to. . .........

. l 9 0

Date.. ..................................

Signature. ...............................

Return m&r the Factories Acts of Fines Levied on Employis for the Y e a r. .

................

Name of employer

..................................

Address ............................................
Nature of work carried on ............................
[This record to be forwarded to the Chief Inspector of Factoriee during the first week in January of
Particulsrs-

Name of Employ6.

l Date of Fine.

Amount.

Reason for Inflicting Fine.

I certify that the above is a true return of the fines levied upon employ& in the factory of. .

......

.................

. a t ......................

for the year ended ........................

Signature ................................

Date..

.................... ...

.........

SCHEDULE

6" EDWARDI VII, No. 915.

The Factories Act Amendment Act.-1906.

SCHEDULE 111.

Rscord under the Faetoriea Acts of Work Done Ozct~ide

of a Factory for Each Week during the

Year. .......

Name of employer ..................................

Address

............................................

[This record to be forwarded to the Chief Inspector of Factories during the first week in January
of each year, and at such other times as the Chief Inspector may demand the same.]
Description
Name of Outworker (in full).

~	~	t	~	,	Address.	and Quantity of	Rate Paid	Amount.
Work Done

1 certify that the above record is a substantially true and correct account of the amount and kind of work done by the persons named herein for me, and the prices paid therefor, during the period from.. .................. to ..................
Signature .................................

Date

................................ ...

....

SCHBDULE

IV.

' c The Factories Amendment Act,

1900."

To the Chief Inapector of Factories.
notice that I, the undersigned, being engaged, wholly or partly, in preparing or manufac- turing the undermentioned articles or material for trade or sale outside a factory, and not employing any other person, do hereby submit my name and address for registration in accordance with the proviaions of section 12 of the above Act.
T ~ k e
1 I
Nature of Work Done or Article

Address (in full).

Kame in full.
Manufactured.
l
I
Signature ..............................
Date ....................................

SCHEDULE

Roll of Voters for Board under the Factories Amslzdment Act, 1900, and the Factories Act

Arnendmt Act, 1906.

(1) List of employers in the.

................................

.trade :-

I

Factory	w e
O h.

giving

.&i

g&:

Name (in full).

Addreas.

Qualification

dF9

to Vote.

(2.4) Roll of employks of 18 years and upward8 employed in registered factories in the

.. .. .. .. ..

....................

trade, or whose ordinary occupation ie employment in such trade :-

..-

No. on

Factor where

Name (in full).

Reaidenoe.

~ m p T o ~ e d

Roll.

(il any).

6" EDWARDI VII, No. 915.
The Factories Act Amendme.nt Act.-1906.
..........

( 2 ~ )

Roll of employ& of 18 years ~ n d

upwards employed outside factories in the

.............,..............	trade :-
-

No ,,n

No.

By whom

Class of Work

Name (in full).

l -

Residence.

Employed.

Done.

R d.

Rfi$tr

-
--

l	I
1
I
\

SCHEI)ULE

V I.

Forma of Voting Papers.
YOTINO PAPER.

...................................

.Board.

Election of..

.............

.members to act as employers' representatives.

A. B.

............................................................

C.D.	............................................................ 0
E. F.	............................................................
O. H.	............................................................ D

-
VOTIKQ PAPER.

..................................

Board.

Election of. .

.............

.members to act as en~ployi's'

representative.

A. B	..........................................................	0
C. D.	............................................................	[l
E. F.	............................................................	cl
G. H.	............................................................	0

VOTINQ PAPER.

...................................

.Board.

Election of one member to act aa a representative of employCs working outside a factory.

A. B.

..........................................................

SCHEDULE

VKI.

List for

roters' Roll of Persona Employed in the undermastioned Tudory on. .

............

19..

Name of employer ..........................................................
Where factory situated ......................................................

Nature of process, trade, or business ca t~ ied

..................................

-- p

.- -

Sex.	Nature of Employment

Name of

Age

Residence of

and Kind of Work

Employ6 (in full).

(if under 18).

Employ&

Done.

----

H. / F.

p--

I c e d f y that the above is a true and correct list of

all the persons employed in the above f w t o q

a t date of forwarding this list, and who have been so employed for a t least 14 daya during the

month of.

........................

.last.

Signature. ...................................
Date. .................................
SCHEDULE
D-916

.	6" EDWARDI VII, No. 915.

The Factories Act Arnedment Act.-1906.

SCHEDULE

VIII.

Lid of Persona Employed Outside a Fuctory in preparing or tnanufacfuring any article of or in working in the process, trade, or bueine~b

of'a

............................

Name of employer for whom persons are working..

.........................

Address ................................................................

Nature of process, trade, or bnsiness carried on	..............................
Sex.

~ g e,

Nature or Kind of

---_----

Krsidrnce of

Employ&.

Work Done by Eaoh

Name (in full) of Person Employed.

under

In'

EmployB.

Jfale.

Female.

-p-

l

I certify that the above is a true and correct list of all persons employet1 by.

..........

.outside a

factory at date of forwarding this list.

Signature.

...................................

Date. ...........................

SCHEDULE

IX.

Perm of Application lo have Name placed	on the	Voters' Roll of Employes ilt t h e. . .. .. .. .. .. .	Trade.
1	Ye..

Name (in full).

Place of Residence.

Trade or Calling.

Male. Female.

_ _ _ _ _ L _ _ _ _

I hereby declare that my usual employment is that of

a. .

...............

.in the.. ...........

trade, and that the particulars entered above are true and correct.

Signature. .................................
Date ...................... ........

Adelaide: Ry authority, C. E. BRI~TOW,

Government Printer, North Terrace.