White Phosphorus Matches Prohibition Act 1915 (SA)

SOUTH AUSTRALIA

WHITE PHOSPHOROUS MATCHES PROHIBITION ACT, 1915
SUMMARY OF PROVISIONS

1.                   Short title

2.                   Commencement of Act

3.                   Interpretation

4.                   Prohibition of manufacture or sale of white phosphorus matches

5.                   Inspector may take sample for analysis

6.                   Obstruction of officers

7.                   Procedure for taking sample

8.                   Offence as to sample deemed offence as to whole lot

9.                   Certificate of analyst

10.                  Summary proceedings

WHITE PHOSPHORUS MATCHES PROHIBITION ACT, 1915

being

White Phosphorus Matches Prohibition Act, 1915, No. 1202 of 1915

[Assented to 18 November 1915]1

as amended by

Statute Law Revision Act, 1934, No. 2168 of 1934 [Assented to 15 November 1934]
Statute Law Revision Act (No. 2), 1974, No. 84 of 1974 [Assented to 21 November 1974]

1. Came into operation 1 July 1916: s. 2.

An Act to prohibit the use of white phosphorus in the manufacture of matches, and to prohibit the sale of matches made with white phosphorus, and for other purposes.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

Short title

1. This Act may be cited as the White Phosphorus Matches Prohibition Act, 1915.

Commencement of Act

2. This Act shall come into force on the first day of July, 1916.

Interpretation

3. In this Act—

"justice" means justice of the peace for the said State:
"Minister" means Minister of the Crown to whom the administration of this Act is, for the time

being, committed by the Governor:

"white phosphorus" means the substance usually known as white or yellow phosphorus.

Prohibition of manufacture or sale of white phosphorus matches

4. (1) No person shall—

(a)	make, or cause to be made, any matches in the making of which white phosphorus is used, or
(b)	sell or offer or expose for sale, or cause to be sold or offered or exposed for sale, or have in his possession for sale, any matches made with white phosphorus.

(2) Any person who is guilty of any contravention of this section shall be liable, if the offence is a contravention of subdivision (a) of subsection (1) hereof, to a penalty not exceeding two hundred dollars, or, if of subdivision (b) of the said subsection, to a penalty not exceeding forty dollars.

(3) The magistrate or justices by whom any person is convicted of any such offence may, in addition to imposing any penalty, forfeit any white phosphorus, or any matches made with white phosphorus, which is or are apparently in the possession or custody or control of such person; and the phosphorus or matches so forfeited shall be destroyed or otherwise dealt with as such magistrate or justices direct.

Inspector may take sample for analysis

5. The occupier of any premises or place within which, or within the precincts of which, the making of matches is carried on shall allow any inspector under the Industrial Conciliation and Arbitration Act, 1972, as amended, or the Health Act, 1935, as amended, or any person appointed in writing by the Minister in that behalf, to enter at any time such premises, place, or precincts, and to open any package therein and examine the contents thereof, and, without payment, to take for analysis sufficient samples of any material therein in use or mixed for use, or any matches therein; and in default thereof such occupier shall be guilty of an offence against this Act, and be liable to a penalty not exceeding eighty dollars.

Obstruction of officers

6. Any person sho, in any way, resists, hinders, obstructs, or interferes with any inspector or other person in the exercise of any of his powers under this Act shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding eighty dollars.

Procedure for taking sample

7. When an inspector takes a sample for analysis under section 5, he shall, if required so to do by the occupier of the premises or place or the person in charge or apparently in charge thereof, and on such occupier or person providing the necessary appliances—

I.            divide the sample into three parts;

II.           place each part in a separate package, and seal or fasten each package in such manner as its nature will permit;

III.         place on each package a label or mark stating the name, so far as known to him, of the occupier of the premises or place;

IV.         deliver one of such parts so such occupier, or to the person in charge or apparently in charge of the premises or place; and

V.           retain one of such parts for future comparison.

The other of such parts may be utilised for analysis.

Offences as to sample deemed offence as to whole lot

8. When in any proceedings a contravention of any provision of this Act is proved with regard to a sample of any material, such contravention shall be deemed to have been proved with regard to the whole lot from which the sample was taken.

Certificate of analyst

9. (1) At the hearing of any proceedings with regard to any sample taken under this Act, or any part of such sample, which sample or part is alleged to have been analysed by the Government Analyst, or with regard to the lot from which such sample was taken, the production of a certificate purporting to be signed by the Government Analyst shall, without proof of the signature thereto, be sufficient evidence—

I.            of the identity of the thing analysed;

II.           of the result of the analysis; and

III.         of the matters stated in such certificate,

unless the defendant, by at least three clear days’ (exclusive of Sundays and public holidays) notice in writing delivered to the informant and by a like three clear days’ (exclusive as aforesaid) notice delivered), with a witness fee of ten dollars, to the said analyst, requires that the said analyst shall attend as a witness.

(2) In any case where the attendance of the analyst is required as mentioned in this section, the magistrate or justices may, in addition to any other order as to costs, make such order as he or they deem proper as to the witness fee paid to the analyst and as to the expenses of and the remuneration to be paid for the analysis.

Summary proceedings

10. All proceedings in respect of offences against this Act shall be disposed of summarily.

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