Unemployed Workers Insurance Acts Amendment Act of 1933 (24 Geo v No. 17) (Qld)

LABOUR. 24 GEO. V. No. ]7, ]933. Unemployed Workers Insurance, Etc., Act. 14635 LABOUR. (1) Unemployed Workers Insurance Acts Amend- ment Act of 1933 .. 24 Geo. V. No. 17 (2) Workers Compensation (Lead Poisoning, Mount Isa) Act of 1933 .. 24 Geo. V. No. 34 An Act to Amend "The Unemployed Workers 24 Geo. V. Insurance Acts, 1922 to 1930," in No T . H 1 E 7. certain particulars. UNEMPLOYED WORKERS [ ASSENTED TO 7TH DECEMBER , 1933.] INSUARCATSNCE B E it enacted by the King's Most Excellent MaJ' est • v . , AACMTEONFDM 19 E 3 N 3 T . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Unemployed Short title S W h o al r l ke b rs e r I e n a su d ra a n s ce on A e ct W s · it A h m * e " ndTmheenUt nAecmt polofye 1 d 93 W 3, o " rk a e n r d s aconndstructl. On. Insurance Acts, 1922 to 1930" (as amended by paragraph (iii.) of section twenty-four of t" The Financial Emergency Act of 1931 "), herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may be Collective collectively cited as " The Unemployed Workers Insurance title. Acts, 1922 to 1933." A mendments of the Principal Act. 2. Section two of the Principal Act is amended as Amendment follows :- of s. 2. (a) The definition of "This Act" is repealed and the following definition is inserted in lieu thereof, namely:-- " " This Act" - " The Unemployed Workers This Act. Insurance Acts, 1922 to 1933" (and any Act amending or in substitution therefor), and all Proclamations, Orders in Council, and regulations made thereunder." (b) In the definition of "Worker," after the words "industrial agreement" occurring in the second last paragraph of the definition, the following words are added, namely: "or unless he is employed by an employer of workers or class of workers to whom the provisions of section 5A of this Act have been or shall hereafter be applied by Order in Council." * 13 Geo. V. No. 28, 18 Geo. V. No. 6, and 21 Geo. V. No. 38, 8upra, pages 10073, 11945, and 13004. t 22 Geo. V. No. 1, 8upra, page 13402.

14636 LABOUR. Unemployed Workers Insttrance, Etc., Act. 24 GEO. V. No. 17, Amendment 3. Section fourteen of the Principal Act is amended of 8. 14(4)(j). as follows :_ (a) Paragraph (j) of subsection four is amended by omitting the words" two hundred and twenty pounds" and by inserting the words "three hundred pounds" in lieu thereof. New paragraph (g). (b) The following new paragraph (g) is added to the said subsection, namely :- "(g) Notwithstanding anything to the contrary contained in this Act- (i.) If an unemployed worker has been unemployed for more than three months during the six months preceding the date of his application for sustenance, and his contributions available for assessment of sustenance are of an amount less than half of the contributions of a fully-pai.d con- tributor to the Fund, he shall be entitled to sustenance allowance in respect of the period commencing seven days after the date of his application for sustenance. (ii.) If the contributions made to the Fund by an unemployed worker are of such an amount that he will not be entitled to receive more than three weeks' sustenance, he shall be paid sustenance in respect of the period of unemployment commencing from the date of his application for sustenance.', oAfms. e1n8d.ment as fo 4 ll . owSsec: t-ion eighteen of the Principal Act is amended (i.) 'fhe first paragraph of the said section is numbered and forms subsection one thereof. (ii.) Part of the second paragraph of the said section, from the words "any person" to and including the words "one hundred pounds," is numbered and forms .subsection three thereof. (iii.) Part of the said second paragraph of the said section, from the words "If such person" to and including the words "like punishment," is numbered and forms subsection four thereof.

LABOUR. 1933. Unernploye;d Workers Insurance, Etc., Act. The following amendment is made in this subsection four so renumbered as follows :-The words "If such person is a company" are repealed, and the words: "In respect of any offence against this Act, where the person offending is a company," are inserted in lieu thereof. (iv.) The third paragraph of the said section, from the words " All proceedings " to and including the words "petty sessions," is numbered and forms subsection five thereof. (v.) The following new subsection two is inserted after the first, paragraph of the said section (now renumbered subsection one), as follows :- " (2.) (i.) Any person to whom or to which the provisions of this Act apply who- (a) Fails to pay the amount of contribution to the Fund under this Act; or (b) Being an employer, fails to stamp an unemployment insurance contributions book for any employee in such manner as may be prescribed by the regulations under this Act; or (c) Being an employer, fails to deliver to any employee who is discharged a contributions book stamped and endorsed in such manner as may be prescribed by regulations under this Act; or (d) Fails to duly furni:sh any prescribed return or information, or to comply with any requirements of the Minister or any officer as and when required by or under this Act or by the Minister or any officer; or (e) Neglects, obstructs, or refuses to produce for inspection to an authorised officer any books, accounts, registers, documents, papers, or other writings when requested by such officer so to do; or (f) Obstructs or refuses to allow such authorised officer to take notes, copies, or extracts from any such books, accounts, registers, documents, papers, or other writings when requested by such officer so to do; or 14637

14638 LABOUR. Unemployed Workers Insurance, Etc., Act. 24 GED. V. No. 17, (g) R fuses to answer any question of such a thorised inspector in relation to such books, a counts, registers, documents, papers, or o her writings as aforesaid, or wilfully gives a y untruthful answer to such question, shall be gui ty of an offence and shall be liable to a penalty of n t less than one pound nor more than one hundred po nds. (ii.) Up n the conviction of any person for any offence aga' st this subsection the Court shall order such person to p y the amount of the contributions. which he has failed to payor to so collect, or to do the act which he has faile or neglected to do, within a time specified in such ord r, and any person who fails or neglects to duly comply with such order shall be guilty of an offence, and shall be liable to a penalty of not less than twenty pounds nor ore than two hundred pounds. Any su h order shall be deemed to have been duly served if it .s served in the manner prescribed by these Acts for the service of notices, or if it is made orally by the Court t the defendant. (iii.) F r the purposes of this subsection the term " authorised officer" or " officer" shall mean and include an industria inspector appointed under the provisions of *" The 1 dustrial Conciliation and ArbitrationAct of 1932," and every labour agent appointed under the provisions 0 t" The Labour Exchanges Act of 1915" (including e ery clerk of petty sessions who by reason of his office is ex officio a labour agent), every officer authorised the Director of Labour (which power and authority 0 authorisation is hereby conferred and imposed up n the Director of Labour either generally or in any p rticular case), every police officer, and any inspector u der any statute." New (vi.) T e following new subsections six and seven ~ U~ ! ~cV. ons are also add d to the said section eighteen as follows : - No " (6.) ere by this Act a minimum penalty is m!tilSation of provided in respect of an offence it shall not be competent mInImum. for the adjudicating court to mitigate the penalty to be imposed by it to any amount below such minimum, anything to the contrary in any Act notwithstanding. * 23 Geo. V. No. 36, supra, page 14266. t 6 Geo. V. No. 6, supra, page 6851.

LABOUR. 146B9 1933. Unemployexj Workers Insurance, Etc., Act. (7.) Any person who lays any complaint for an Evidence. offence against this Act shall, in the absence of evidence to the contrary, be deemed to have been authorised under this Act to lay the complaint. The production of a telegram or other communication purporting to have been received from the Director of Labour, or any officer for the time being administering this Act, and purporting to authorise any person to institute any prosecution for an offence under this Act or any proceedings, shall be admissible as evidence in the prosecution or proceedings, and shall be accepted as evidence of the authority of the officer to institute the prosecution or proceedings." 5. The following new section is inserted after New s. 18A. section eighteen of the Principal Act as follows : - "[I8A]. (1.) Without prejudice to any right, power, Additional remedy, liability, or obligation by these Acts conferred remedy• .or imposed, and notwithstanding that any proceedings to enforce any such right, power, remedy, liability, or obligation may have been taken under any other provision of these Acts- (a) Any contribution payable by any person; and (b) Any moneys payable by an employer in respect of contributions which by these Acts he is required to collect from his employees, whether he shall have collected such contributions, or any part thereof, or not, shall be a debt due to His Majesty and may be sued for and recovered by His Majesty in any court of competent jurisdiction. (2.) The provisions of this section shall apply and extend to any such contributions or moneys referred to in paragraphs (a) and"(b) of subsection one of this section, whether payable before, on, or after the commencement of" The Unemployed Workers Insurance Acts Amendment Act of 1933," and to this extent this section shall have retrospective operation."

14640 LABOUR. Unemployed Workers Insurance, Etc., Act. 24 GEO. V. No. 17, 1933. Amendment 6. Section twenty of the Principal Act is amended of s. 20. as follows : - The following new paragraph (vii.) is added to subsection one of the said section:- " (vii.) Restrictions on the printing, sale, and use of unemployment insurance stamps to the effect that- (a) No person other than the Government Printer shall make or print any unemploy- ment insurance stamp, or any imitation thereof, without the authority of the :Minister. (b) No person other than the Director of Labour, or a labour agent appointed in pursuance of the provisions of *"The Labour Exchanges Act of 1915," or a person authorised by the Director of Labour, shall sell any unemployment insurance stamp. (c) No person shall under any circu.mstances affix to any unemployment msurance contributions book, or to any document or record, any unemployment insurance stamp which has been, or bears evidence of having been, affixed to a contributions book, or other document, or record." Amendment 7. The Schedule (being that part of the Schedule as of Schedule. added to by Order in Council of the fourth day of January, one thousand nine hundred and twenty-four, and published in the Gazette of the fifth day of January, one thousand nine hundred and twenty-four), is amended as follows :- A new paragraph (hh) is inserted after paragraph (h), as follows : - " (hh) 'Where a worker, whether male or female, unmarried or a widower, or widow, is supporting his or her mother (not a widow) totally dependent on him or her, the Minister may in his di8cretion approve of sustenance allowance being paid to such worker at the rate prescribed for married workers as provided in the table to the Schedule." Paragraph (k) is amended by deleting the word " three" and inserting the word" four" in lieu thereof. * 6 Geo. V. No. 6, supra, page 6851.

LABOUR. 146·11 24 GEO. V. No. 34 1933. Workers' Compensation (Lead, Etc.) Act. 8. The provisions of this Act shall be in aid of and Act to be in not in derogation of any Orders in Council or regulations aid °Ift' made under t he P rm· C.lpalAct or hereafter to be made r & e c g . ualOns, under the Principal Act and this Act. And all Orders in Council and regulations made or purporting to be made under the Principal Act, and in force at the passing of this Act, are approved, ratified, and confirmed and shall remain in force until the same or any of them are rescinded, amended, varied, or added to pursuant to the powers contained in the Principal Act and this Act accordingly. An Act to Enact Special Provisions relating to Compensation to Workers for Lead Poisoning Contracted by such Workers in the Employment of Mount Isa Mines Limited, Mount Isa, and for purposes incidental thereto or consequent thereon. 24 Geo. V. No. 34. THE WORKERS' COMPlCNSA· TION (LEAD POISONING, MOUNT ISA) ACT OF 1933. [ASSENTED 1'0 21ST DECEMBER, 1933.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as "The Workers' Short title Compensation (Lead Poisoning, Mount Isa) Act of 1933," ~ ~ ~struction. and shall be read as one with *" The Workers' Compensation Acts, 1916 to 1929" (or any Act amending or in substitution therefor), hereinafter collectively referred to as the Principal Act. 2. In this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings set tion. against them respectively, that is to say;- "Board" means the Medical Board constituted Board. under this Act; " Mine" means the site and works at Mount Isa, Mine. Queensland, known as Mount Isa Mines, and any additions thereto or extensions thereof ; * 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seq.