Tobacco, Drawback and Starch Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1909, No. 132, titled "Provisional Regulation under the Excise Act 1901", was enacted by the Governor-General in Council to address the need for immediate regulation concerning working days and hours in factories. This legislative instrument, issued on 25 November 1909, was promulgated under the authority of the Excise Act 1901, and is a provisional regulation designed to take effect immediately due to its urgent nature. The policy objective behind this regulation was to ensure that work in factories is conducted only on specified working days and during prescribed hours, unless otherwise permitted by the Minister, thereby providing a framework for labour standards and working conditions. The regulation was published by the Government Printer for the State of Victoria, J. Kemp, and is part of the ongoing efforts to refine and enforce labour practices within the industrial sector.

Scope and Application

The Provisional Regulation under the Excise Act 1901 pertains to the regulation of working days and hours in factories, specifically prohibiting work outside of specified times unless permission is granted by the Minister. This regulation applies to factories operating within the Commonwealth of Australia, thereby encompassing entities involved in manufacturing and production across various industries. The regulation is designed to ensure compliance with the prescribed working hours and days as outlined in Regulations 131, 132, and 133 of the Excise Act 1901. This amendment is intended to provide immediate operational effect due to its urgent nature, as certified by the Governor-General and advised by the Federal Executive Council. The regulation extends its application to all factories within the Commonwealth, thereby affecting employers, employees, and other stakeholders within the manufacturing sector. The regulation does not explicitly mention any exclusions or exemptions, but the need for ministerial permission could potentially offer a pathway for exceptions under specific circumstances. Additionally, the regulation may be further detailed and extended through subordinate instruments as required to address specific industrial needs or changes.

Key Provisions

The primary operative sections of the Provisional Regulation under the Excise Act 1901, specifically Regulation 134a, require that work in factories can only occur on specific working days and during prescribed working hours unless permission is granted by the Minister (section 134a). This regulation is inserted after existing regulations 131, 132, and 133, which presumably outline the permissible working days and hours. This means that employers must strictly adhere to the working days and hours specified in those regulations unless they receive explicit permission from the Minister to deviate from these rules. The Act imposes obligations on factory owners and employers to ensure compliance with the working days and hours outlined in the regulations. They must ensure that no work is conducted outside the specified times without the necessary ministerial permission. This requirement aims to protect workers' health and wellbeing by ensuring they do not work beyond the legally prescribed limits. Employers must maintain records and be prepared to demonstrate compliance with these regulations if required. Failure to comply with the working days and hours regulations can result in civil or criminal consequences. While the precise penalties are not detailed within the regulation itself, under the Excise Act 1901, penalties for breaches of factory regulations can include fines. The maximum penalties for such offences would typically be outlined in the primary Act or in further subsidiary legislation, but they can include significant financial penalties for non-compliance. Additionally, persistent or severe breaches may lead to more severe consequences, including potential prosecution and imprisonment for responsible individuals or entities.