Western Australia (Sales-Promotion Labels) Act 1957 (WA)

1957.] Western Australia (Sales- [No. 58.

Promotion Labels).

WESTERN AUSTRALIA (SALES-

PROMOTION LABELS).

6° Elizabeth II., No. LVIII.

No. 58 of 1957.

AN ACT to Authorise the Use of Distinguishing Labels for the Promotion of the Sale of Western Australian Goods.

[Assented to 6th December, 1957.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Western Australia Short title.

(Sales-Promotion Labels) Act, 1957.

Commence.

2.

This Act shall come into operation on a day to be fixed by proclamation. ment.

No. 58.] Western Australia (Sales- [1957.

Promotion Labels).

Repeal of

No. 5 of 1931. 3. The State Manufactures Description Act, 1931

is repealed.

Construction

of this Act. 4.

(1) This Act shall be read and construed subject to the Commonwealth of Australia Consti- tution Act so as not to exceed the legislative powers of the Parliament of the State the intention being that any portion of this Act which may be held to be in excess of that power shall, to the extent to which it is so in excess, be deemed to be severable from the other portion of this Act, and not to affect the validity or operation thereof.

Act does not

affect other	(2) The provisions of this Act are in addition to,
Acts, e.g.,

Criminal

and not in derogation of, the provisions of any other

Code, Health

Act, Fac-

Act relating to goods.

tories and Shops Act, Sale of

Goods Act,

Trade

Descriptions

and False

Advertise-

ments Act.

Interpre-

tation. 5. In this Act unless the context requires other-

wise

"inspector" means a person having the authority

of an inspector under this Act;

"prescribed label" means a label which is in the

form prescribed;

"to sell" means to sell by wholesale or retail and includes to barter, to supply for profit, to offer for sale, to receive for sale, to have in possession for sale, to expose for sale, to send forward or deliver for sale, to cause or to suffer or to allow to be sold, and to dispose of or to offer to dispose of under hire purchase agreement; and inflections and derivatives of the verb "to sell" have correlative meanings.

Power for

Minister	6.	For the purposes of the administration of this
to act on

advice of	Act, the Minister
advisory
committee,

and to	(a) may call in the aid, and act upon the advice of, an advisory committee consisting of a representative, appointed by the Minis-
authority.
delegate

1957.] Western Australia (Sales- [No. 58.

Promotion Labels).

ter from a panel of three names submitted by each of the bodies known respectively as the Chamber of Manufactures, the Chamber of Commerce, the Trade and Industries Promotion Council, and an officer of the Department of Industrial Development;

(b)	may delegate all or any of his authority under this Act, except this power of delega- tion, so that the powers and functions may be exercised by the delegate; and
(c)	may whenever he thinks fit cancel any delegation conferred under this section.

Power for

7. (1) Where it appears to the Minister that the

Minister to

authorise

production or preparation of any goods is substan-

use of

Prescribed

tially carried out in the State, the Minister may, on

labels.

application being made to him in writing setting out particulars of the goods, particulars of their pro- duction or preparation, issue to the applicant a permit authorising him to attach to the goods or to their container a prescribed label.

The Minister may include in the permit such conditions as, in the circumstances of the case the Minister thinks fit to impose in respect of the use' of the label.

(2)

(3) The Minister may, by notice in writing, served

on the holder of a permit so issued,

(a) from time to time alter any of the condi- tions of the permit; or

(b) cancel the permit;

Offences

8. (1) A person relating to labels and permits.

(a) who, not being the holder of a valid and current permit authorising him to do so and issued under this Act, affixes, or causes to be affixed to goods or their container a prescribed label; or

No. 58.] Western Australia (Sales- [1957.

Promotion Labels).

(b) who being the holder of a valid and current permit issued under this Act, does not observe any condition of the permit;

commits, subject to subsection (2) of this section,

an offence.

(2)

It is a defence to a charge of an offence under paragraph (a) of subsection (1) of this section to prove that the person charged believed on reasonable grounds that, at the time he affixed the label, or caused the label to be affixed to goods, he did so in course of his duties as an employee or agent, and that his employer, or, as the case may be, his principal, was the holder of a valid and current permit issued under this Act, and that the condi- tions, if any, of the permit were observed.

(3) A breach of any condition of a permit is punishable under subsection (1) of this section not- withstanding any subsequent alteration of the condition or cancellation of the permit, and not- withstanding section eleven of the Criminal Code.

(4)

A person who sells goods to which, or to the container of which, a prescribed label is attached, knowing that the label has been attached without the authority of, or in breach of a condition of, a valid and current permit issued under this Act, commits an offence.

(5)

A person who knowingly makes a false state- ment in, or in support of, an application for a permit, or for the alteration of a condition of a permit, under this Act, commits an offence.

Evidence. 9. Production of a document which purports to be a copy of a permit issued under this Act, or of any alteration of the conditions, or any cancellation, of a permit so issued, if purporting to be certified by the Minister to be a copy of the original of which it purports to be a copy, has the same probative value as, and is prima facie evidence of the matters contained in, the original.

1957.] Western Australia (Sales- [No. 58.

Promotion Labels).

Inspectors.

10. of inspector under the Factories and Shops Act,	Persons appointed to and holding the office 1920, or under the Health Act, 1911, are by virtue	Cf. No. 42 of 1936 as
amended,
s. 9 (1).
of their offices, inspectors under this Act.
Duties of
11. provisions of this Act relating to prescribed labels	It is the duty of an inspector to see that the are being observed and, subject to the approval of	inspectors. Cf. No. 42 of
1936 as amended,
s.9 (2).
the Minister and to the provisions of this Act, to commence and conduct prosecutions for offences under this Act; but the provisions of this section do not affect the right of any person to prosecute for any offence against this Act.
12. breach of any of the provisions of this Act, commits
A person who by act or omission commits a an offence against this Act.	Offences
generally.
Cf. No. 42 of
1936 as
amended,
s. 13.
"This Act" includes the regulations—. Cf. No. 30 of 1918, s. 4.
13. Act for which no penalty is specifically provided, is	A person guilty of an offence against this liable to a penalty of twenty-five pounds, and for	Penalties.
Of No 42 of
amended,
1936 as
S. 14.
a second offence to a penalty of seventy-five pounds, and for a third or any subsequent offence, to a penalty of two hundred pounds.
14. prescribing such matters as are contemplated,
(1) The Governor may make regulations required, or permitted, to be prescribed by this Act, and such matters as appear to him to be necessary, desirable, or convenient, for giving effect to the purposes and objects of this Act.	Regulations
making
power.
(2) Without limiting the generality of the power conferred by subsection (1) of this section, the Governor may make regulations

(a)	prescribing forms of prescribed labels;
(b)	prescribing the duties and powers of inspectors.