The Footwear Regulation Act 1911 (SA)

ANNO SECUNDO

GEOR'GII V REGIS.

A.D. 1911.

No. 1046.

An Act to regulate the Manufacture and Sale of

Footwear, and for other purposes.

[Assented to, November a d, q11.1

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

with the advice and consent of the Parliament thereof, as

follows:

I. This Act may be cited as "The Footwear Regulation Act, ~ h o r t t i t ~ e.

1911."

2, This Act shall come into force on a day to be fixed by the Commencement-

Governor by Proclamation published in the Government Gazette, being not earlier than the thirty-first day of December, one thousand nine hundred and twelve, nor before a similar Act has been passed

by the Parliaments of the States of New South Wales, Victoria,

and Queensland.

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

other meaning is clearly intended-

" Inspector " means an inspector appointed under this Act:

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

Australia:

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

time being the administration of this Act is committed by

the Governor:

'* Shoes " includes slippers and sandals as well as shoes:

1046 " 8010 "

2" GEORGII V, No. 1046.

The Footwear Regulatron Act.- 19 1 1.

" Sole" means all that part of a boot or shoe which in use is under the foot of the wearer, including both the outsole and the insole and also including the heel, except only the thin slip of leather, paper, or the like material which is affixed

. to the upper surface of the inner sole:

This Act " includes regulations made under this Act.

SO~M to be of solid 4. (1) No person shall manufacture for sale, or sell, offer, or

leather or to be

stamped with nature	expose for sale, or have in his possession for sale, any boots or shoes
of material.	the soles of which consist wholly or partly of leather or any

cf. ~ e g. B U I I ~ ~ ~ imitation of leather or of any miterial 'having the appearapce df

Cornmeroe (Trade

leather, unless-

Descriptione) Act,

1906 (Corn.). of

11/2/1910. ( a ) The soles thereof are of solid leather, without admixture

or addition other than of canvas &ed to reinforce the insole, materials used for filling spaces, shanks or rubber outsoles, or, in the case of ladies' fancy or even- ing footwear, of heels of wood; or

( 8 ) A statement of the material or materials composing the

soles thereof is conspicuously and legibly stamped upon or impressed into the outer surface of the sole of each boot or shoe.

(2) Any person guilty of any contravention of this section shall be liable to a penalty not exceeding Twenty Pounds.

lnspectore. 5. The Governor may appoint any persons to be inspectors under this Act.

Powers of inspectors. 6,

(1) Any inspector may enter any place where boots or shoes are manufactured or sold or kept for sale, or any place where he has reason to believe any of such things is done, and may inspect' any articles in such place; but he shall, if requested by the person	apparently in charge of such place or of any work carried on	therein, produce his appointment as inspector.
(8) ,4ny inspector may also in any such place take any boots or shoes, whether manufactured or partly manufactured, paying a just price for the same.

obetruotingim~ector. 7. If any person hinders or obstructs, or attempts ta hinder or obstruct, an inspector in the exercise of any power conferred by this Act he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Twenty Pounds.

Evidence. 8. In any prosecution under this Act-

( a ) Any person who manufactures boots or shoes shall be

deemed to manufacture them for sale;

( b ) Any person who carries on business in any place where

any boots or shoes are kept in stock shall be deemed to

have such boots or ghoes in his possession for sale,

unless

2' GEORGII V, No. 1046.

Tho Footwear Regdation Act.-19 1 l.

unless the contrary is proved to the satisfaction of the Special

Magistrate or Justices hearing the case.

9. I n any prosecution under this Act, if the defendant satisfies :fkfm~2; E&

the Special Magistrate or Justices that the boots or shoes which are circum8hce8.

the subject of the prosecution were purchased by him from any

manufacturer, importer, or wholesale dealer named by the defen-

dant, and that the defendant had no reason to believe that the

soles of such boots or shoes (not being stamped aa provided in

section 4) contained any material or materials making it obligatory

for the soles to be so stamped, the information shall be dismissed.

(1) The Governor may make such regulations, not inconsistent with this ,4ct, as may be necessary or convenient for carrying out the objects and provisions of this Act, including (though without Regulatio~-

10,

limiting the operation of this section) regulations prescribing-

I. The manner of stamping or impressing the soles of boots

and shoes in pursuance of such provisions:

I I. The duties of inspectors:

111. Penalties, not exceeding in any case the sum of Ten

Pounds, for the breach of regulations made under this

Act.

(2) Such regulations-	of regulatiom.
Publication ~ n d effect

( a ) Shall be published in the Government Gazette ;

( b ) From the date of such publication, or from a later date

fixed by the order making the same, shall (subject to subsection (3) hereof) be of the same effeot as if they were contained in this Act; and

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

(3) If either House of Parliament passes a resolution disallowing Disallowance by Parliament.

any such regulation, of which resolution notice has been given at

I

any time within fourteen sitting clays of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before such House.

11. All proceedings in respect ot offences against this Act, or summaf~

any provision of this Act, shall be by information, and shall be pr0c-g~.

heard

2" GEORGII V, No. 1046.

The Footwear f<egukation Act.-1 S1 1.

heard and determined in a summary way by a Special Magistrate or two Justices, and shall be regulated by the Ordinance No. 6 of

1850 or any Act for the time being in force regulating the duties

of Justices of the Peace hs to summary proceedings.

12, (1) There shall be an appeal from-

(a) Any conviction by any Special Magistrate or Justices under

this Act;

(b) Any order of a Special Magistrate or Justices dismissing:

any information under this Act; or

(c) Any other order made by a Special Magistrate or Justices

under this Act.

(2) Such appeal shall be to the Local Court of Adelaide of Full

Jurisdiction.

(3) The proceedings on such appeal shall be regulated by the said Ordinance No. 6 of 1860 or any other Act for the time being in force regulating appeala to Local Courts: Provided that the Local Court may make such order as to coats as it thinks fit, although such costs exceed Ten Pounds.

Speaial cm. 13, (1) The Local Court upon the hearing of any such appeal

may state one or more special case or cases for the opinion of the

Supreme Court.

(2) The Supreme Court shall hear and decide all such special cases according to the practice of the Supreme Court on special cages, and may make such order as to costs of any special case as t o the said Court appears just.

(3) The Local Court shall make an order in respect to the matters.

referred to the Supreme Court in conformity with the certificate of

be enforced in manner provided for the enforcement of orders of.	the Supreme Court, or of any Judge thereof; and such order shall
Justices by the said Ordinance No. 6 of 1850 or any Act for the, time being in force in that behalf.

In the name and on behalf of His Majesty, I hereby assent tcp.

this Bill.

DAY H. BOSANQUET, Governor.

-

Adelrride : By authority, R. E. E. ROOBBR, Government Printer, North Terrace.