THE FACTORIES AND SHOPS ACT, 1920-1954

THE FACTORIES AND SHOPS ACT, 1920-1954.

No. 44 of 1920.

Reprinted as amended by Acts to and including No. 27 of 1954, pursuant tothe Amendments Incorporation Act, 1938.

ARRANGEMENT OF SECTIONS.

Part I.-Preliminary.Sec.

1. Short title and commencement.2. Division.3. Repeal. First Schedule.4. Interpretation.

Part IL-Administration andOfficers.

5. Minister.6. Chief Inspector of Factories.7. Inspectors.8. Inspectors may hold office with

other office.9. Inspector to have certificate of

appointment.10. Inspector may act for whole

State or proclaimed district.11. Powers of inspectors.12. Inquiries by Interpreter.13. Occupiers to allow entry and

inspection.14. Powers of an Inspector.15. Penalty for obstructing offi-

cials and similar offences.16. Personating an Inspector. Pen-

alty for.17. Obstruction of Inspector.

Part I11.-Registration of Factories.18. Factories to be registered.19. Application for registration.20. Registration.21. Provisions as to requisitions by

Inspector to occupiers.22. Minister may declare the owner

to be "occupier" of a factoryfor the purpose of effectingstructural alterations.

23. Duration of registration.24. Fees payable. Second schedule.25. Re-registration governed by the

provisions applicable toregistration.

26. Registration of Asiatics.

Part IV.-Regulation of Factoriesand Factory Work.

27. Records and notices by occu-piers.

28. Working hours of women andboys.

29. Meal times to be allowed.30. Prevention of evasion of work-

ing hours.31. Overtime.32. Record.94642/3/56-2,150.

Sec.33. Special provisions as to over-

time in fruit canning fac-tories.

34. Special provision for extendedhours.

35. Provision as to notices for ex-tended hours.

36. Rule regarding employment.37. Holidays in factories. What

holidays to be allowed with-out deduction from wages.

38. Payment for non-attendancethrough ill-health.

39. Half-holidays.40. Exceptions as to newspapers.41. "Sweating" in factories.42. Work when done by employees

elsewhere than in factory.43. Outside workers to register

names and addresses.44. Cessation of work under award

of Arbitration Court or com-mon rule.

Part V.-Restrictions Relating toPersons who are not of

Full Age.45. No child to be employed.46. Restriction of employment in

mirror and white lead mak-ing.

47. Restriction of employment inglassworks.

48. Restriction of employment inbrick and salt making.

49. Restriction of employment inlucifer match dipping.

50. Girl under 16 not to be em-ployed as typesetter.

51. Notices to be posted in factory.52. Restrictions on employment of

boys or girls under 16.53. Certificate of fitness as to such

boys and girls.54. Penalty on parent of child em-

ployed in breach of Act.Part V1.-Provisions Relating toHealth, Sanitation, and Safety.

55. Special regulations concerningdangerous trades.

56. Minister shall direct inquirybefore submitting regulationsto Executive.

57. Regulations may be of generalor special application.

58. Special provisions may be madein regard to certain matters.

59. Penalty for non-observance.

iv

Factories and Shops.

ARRANGEMENT OF SECTIONS—continued.

Sec.163. Effect of industrial awards and

agreements.166. Governor may suspend opera-

tion of Act as to closing164. Inspectors to furnish local re- time.

Ports. 167. Exemption of bazaars, etc.165. Exemption of portion of State 168. Annual report.

from operation of Act. SCHEDULES.

Approved for reprint 19th June, 1956.

WESTERN AUSTRALIA.

FACTORIES AND SHOPS.

No. 44 of 1920.

[As amended by Acts No. 4 of 1822, (a); No. 41 of 1923, (b); No.6 of 1932, (c); No. 54 of 1937, (d); No. 26 of 1939, (e); No. 47of 1946, (1); No. 60 of 1946, (g); No. 41 of 1947, (h); No. 15of 1948, (D; No. 54 of 1948, (j); No. 46 of 1951, (k); No. 59of 1952, (1); No. 27 of 1954, (m), and reprinted pursuant tothe Amendments Incorporation Act, 1938.]

AN ACT to consolidate and amend the Law re-lating to the Supervision and Regulation ofFactories and Shops.

[Assented to 31st December, 1920.]

BE it enacted, by the King's Most Excellent Majesty, by and with the advice and consent of

the Legislative Council and Legislative Assembly ofWestern Australia, in this present Parliamentassembled, and by the authority of the same,as follows:—

PART I.—PRELIMINARY.

1. This Act may be cited as the Factories and Short titleand

Shops Act, 1920-1954, and shall come into operation menc -omement.

No. 44 of 1920,on a day to be fixed by proclamation.( n ) amended by.No. 27 of1954, s. / (0).

(a) Assented to 31st January, 1922. (b) Assented to 22nd December. 1923. (c)Assented to 31st October, 1932. (d) Assented to 18th January, 1938. (0)Assented to 16th December, 1939. (1) Assented to 24th January, 1947.(g) Assented to 24th January, 1947. (h) Assented to 11th December, 1947.(I) Assented to 18th November, 1948. ()) Assented to 21st January, 1949;came into operation 1st January. 1949—see No. 59 of 1998, s. 5. (k)Assented to 18th December, 1951. (I) Assented to 23rd December, 1952.(m) Assented to 28th October, 1954. (n) Proclaimed to commence 7thJanuary, 1921 (see Gazette 31st December, 1920). (o) The Reprint of Actwith amendments to and including Act No. 54 of 1937, contained in Volume1 of the Reprinted Acts (1939) was made pursuant to No. 54 of 1937. s. 54,with sections renumbered, and in this Reprint Is referred to as the "1939Reprint." The Act with amendments to and including Act No. 41 of 1947,was further reprinted in 1948 (not in a volume) with sections further re-numbered. The section numbering of the 1948 Reprint is retained inthis Reprint.

v uuswa.....b, rya.

machinery;

2 Factories and Shops.

4


"factory" means and includes

(1) Any building, premises, or place inwhich four or more persons areengaged, directly or indirectly, in anyhandicraft, or in preparing or manu-facturing goods for trade or sale, andincludes any building, premises orplace in which one or more personsare so engaged as paid employees forthe purpose of the employer's trade orbusiness, but does not include anybuilding in course of erection nor anytemporary workshop or shed forworkmen engaged in the erection ofsuch building;

(2) Any building, premises, or place inwhich a person or persons of theChinese or other Asiatic race is or areso engaged;

(3) Any building, premises, or placewhere steam or other mechanicalpower or appliance exceeding onehorse power is used in preparing,working at, or manufacturing goodsor packing them for transit;

(4) Any bake-house;

(5) Any building, premises, or place inwhich articles or goods which areintended for human consumption aremanufactured or prepared for sale,but shall not include the kitchen ofany shop of the class mentioned inthe Fourth Schedule;

(6) Any building, premises, or place inwhich electrical energy is generatedor transformed as an illuminant ora motive power for trade or sale or inwhich coal gas or any other form ofgas is produced for the like pur-poses;

Amended byNo. 60 of1946, 8. 2.

Factories and Shops. 5

(7) Any laundry (meaning thereby everybuilding, premises, or place wherelaundry work is performed for hireor reward) whether the personsengaged therein receive payment ornot; and

(8) Any clay-pit or quarry worked inconnection with and occupied by theoccupier of any pottery or brickyard;

But the term "factory" does not include(a) any prison, or any industrial or

reformatory school; or(b) any building, premises, or place in

which the occupier manufactures orprepares dairy produce from theproducts of his own herd; or

(c) any ship; or

(d) any building, premises, or placeused exclusively for pastoral, agri-cultural, orchard, vineyard, orgarden purposes; or

(e) any mine, or colliery, or any place inwhich machinery is used about amine or colliery; or

(f) any building, premises, or place inwhich any person, not being of theChinese or other Asiatic race, isengaged in any trade, operation orprocess mentioned in paragraphs 1to 8, inclusive, of this definition athome, that is to say, in privatepremises used as a dwelling or in anyadjacent building or structureappropriated to the use of the house-hold, and in which no steam or othermechanical power in excess of onehorse power is used in aid of themanufacturing process carried onthere, and where the only personsengaged do not exceed four and aremembers of the same family, anddwelling there;


Amended byNo. 54 of1937, 8. 2 (a).

"furniture" means furniture of which wood ormetal forms a part, and includes pictureframes, venetian blinds, mantels, and over-mantels, lattice work, and furniture whichis manufactured from reeds, rattan, cane,or sea-grass;

"handicraft" includes any work whatsoever donein any laundry or dyeworks, and whether ornot done in preparing or manufacturingarticles for trade or sale;

"half-year" means a period commencing withthe first day of January and ending withthe thirtieth day of June, or a period com-mencing with the first day of July andending with the thirty-first day of Decem-ber, or any other period of six calendarmonths selected under this Act;

"inspector" means an inspector of factoriesappointed under this Act, and includeschief inspector;

"local authority" means a municipal council,road board, or local board of health;

"mill-gearing" includes every shaft, whetherupright, oblique, or horizontal, and everywheel, drum, or pulley, or appliance bywhich the motion of the first moving poweris communicated to any machine in afactory;

"occupier" means the person occupying anybuilding, premises, or place used or intendedto be used as a factory, shop, or warehouse,and includes any agent, manager, foreman,or other person acting in the generalmanagement or control of a factory, shop,or warehouse, and, in factories, shops, orwarehouses occupied by a body of persons,corporate or unincorporate, the workingmanager shall also be deemed to be includedin the term "occupier";


"owner" means the person for the time beingreceiving the rack rent of the lands orpremises in connection with which theword is used, whether on his own accountor as agent or trustee for any other person,or who would so receive the same if suchpremises were let at a rack rent;

"privy" includes water closet, earth closet, andurinal;

"public holiday" means Christmas Day, AnzacDay, Boxing Day, New Year's Day, GoodFriday, Easter Monday, and any other daydeclared by proclamation to be a publicholiday for the purposes of this Act, andincludes, as regards any particular district,any day so declared to be a public holidayin that district;

"rack rent" means rent which is not less thantwo-thirds of the full net annual value ofthe property out of which the rent arises;and the full net annual value shall bedeemed to be a sum equal to the estimatedfull fair average amount of rent at whichthe property may reasonably be expected tolet from year to year, on the assumption (ifnecessary to be made) that such letting ispermissible by law, less the amount of allrates and taxes, and a deduction of twentypounds per centum for repairs, insurance,and other out-goings;

"shop" means any building or VA* or portion flinicloefcl by

of a building oirlard-ei, —61. -Jahr stall, tent, 1937, s.2 (b).

vehicle, or boat in or from which goods aresold or exposed or offered for sale bx retail,and intrades—ariy - premises" Ili "which anybusiness described in the Fourth Scheduleis carried on and any premises used as ashowroom or for the public display of hiswares by a vendor or the servant or agentof a vendor with a view to affecting thesale by way of retail of any such wares, or


obtaining orders on a retail basis from anypurchasers, notwithstanding that the ordersobtained are fulfilled from stocks kept else-where than in such premises;

"shop assistant" means any person who isemployed in or about the business of a shop,and includes

(a) any person in the shopkeeper'semployment who is engaged in sellingor delivering or packing his goods,or canvassing for orders for his goods,whether such person is at any timeactually employed inside the shop ornot;

(b) any person employed in a restaurant,coffee palace, boarding-house, orrefreshment shop, or in premises inrespect of which a publican's general,wayside house, Australian wine andbeer, or hotel license is in force,whether such person is employed inconnection with the sale of goods ornot;

(c) any clerk who is employed in connec-tion with the business of any shop orwarehouse, and in the building inwhich such business is carried on:

Provided that any person who is employedby the shopkeeper only when the shop isclosed shall not be deemed a shop assistant;

"shopkeeper" means person, partnership, orcorporation occupying a shop directly orindirectly as principal, and any agent orother person acting in the management orcontrol of a shop;

"statutory declaration" means a declarationunder section one hundred and six of theEvidence Act, 1906;


"warehouse" means any building, premises, orplace in or from which goods are sold,offered for sale, or distributed by wholesaleonly;

"week" means the period between midnight onSaturday night and midnight on the suc-ceeding Saturday night, or any other periodof seven days selected under this Act;

"week-day" means any day of the week exceptSunday;

"woman" means a female, irrespective of age;

"working-day" means any day of the weekexcept Sunday, Good Friday, or ChristmasDay.

PART II.-ADMINISTRATION AND OFFICERS.

5. The general administration of this Act shall NMoinmistoerf 1920

be under the control of the Minister of the Crown 5.

appointed by the Governor.

6. (1) The Governor shall from time to time ?hieff rpec-

appoint for the due administration of this Act, Zi:5- "-

subject to the control of the Minister, some fit and 14.°6.42iggeliproper person to be Chief Inspector of Factories and 11134,e 534 of

may also appoint some fit and proper person to beAssistant Chief Inspector of Factories, who-

(a) may exercise all the powers of the ChiefInspector during illness or temporaryincapacity of the Chief Inspector, or duringhis temporary absence from office;

(b) may exercise such powers of the ChiefInspector as the Chief Inspector may fromtime to time assign to him in writing, eithergenerally or in any particular case.


(2) In the absence of proof to the contrary, itshall be presumed that anything done by the Assist-ant Chief Inspector in purported exercise of anypower conferred by this Act on the Chief Inspectoris lawfully authorised under this section.

Inspectors. 7. (1) The Minister may from time to timeNo. 44 of 1920.s. 7; amended appoint and dismiss fit persons of either sex to beby No. 54 of1937, s. 4.

inspectors of factories, shops and warehouses, or ofany one or more of such classes of premises.

(2) No person shall be appointed an inspector offactories, unless such person has passed the pre-scribed examination; provided that the provisions ofthis subsection shall not apply to any personappointed an inspector prior to the commencementof this subsection.

(3) Every inspector appointed under this Act(whether before or after the commencement of thissubsection) may exercise all the powers and dutiesof an industrial inspector appointed under theIndustrial Arbitration Act, 1912-1941.

Inspectors 8. An inspector may hold office as inspectormay holdoffice with under this Act in conjunction with any other officeother office.No. 44 of 1920, or employment which the Governor deems nots. 8. incompatible with his duties under this Act.

Inspector to 9. (1) Every inspector shall be furnished with ahave certi-ficate of certificate of his appointment, and on applying foraPPointment.No. 44 of 1920, admission to a factory or shop he shall, if required,6.9. produce such certificate to the occupier.

(2) Every inspector shall, before entering on theperformance of his duties under this Act, take andsubscribe before a justice of the peace an oath oraffirmation to the effect that he will not, except forthe purposes of this Act and the exercise of his dutieshereunder, disclose to any person any informationrequired by him in his official capacity, and every


person who wilfully acts in contravention of the trueintent of such oath or affirmation shall be guilty ofan offence.

Penalty—One hundred pounds.

10. Any inspector appointed under this Act may I:97LT I . rbe an inspector for the whole State or for any district iovrhrirtate

defined by proclamation, as the Governor may deter- giasits=.mine. In the absence of any such determination yo1044 of 1920,

applicable to him, the authority of an inspector shallbe deemed to extend over the whole State.

11. Every inspector may— Powers ofinspectors.No.

(a) enter, inspect, and examine a factory, shop, s.1920,

11.44 of

or warehouse at all reasonable hours by dayand night, when he has reasonable cause tobelieve that any person is at the timeemployed therein; and enter by day anyplace which he has reasonable cause tobelieve to be a factory, shop, or warehouse;

(b) take with him in either case a member ofthe police force to assist him in the execu-tion of his duty;

(c) make such examination and inquiry as maybe necessary to ascertain whether the pro-visions of this Act and of any regulationsmade hereunder, and of all laws, regula-tions, and by-laws relating to public health,and of all industrial awards and agreementsare complied with, so far as respects thefactory, shop, or warehouse, and the persons1irribib3recr therein;

(d) require and oblige any person whom hefinds in a factory, shop, or warehouse, orwhom he has reasonable cause to believe tobe or to have been within the preceding twomonths employed in a factory, shop, orwarehouse, to answer any question touchingany matter arising under any such provi-sions as aforesaid, and require such personto make and sign a statutory declaration


(which shall be exempt from stamp duty)of the truth of the matters respecting whichhe is so questioned:

Provided that no person shall be requiredto answer any question tending to criminatehimself;

(e) require the production of any certificate ofregistration held by the occupier or shop-keeper or any book, notice, record, list, orother document —wEich the occupier of afactory or warehouse or shopkeeper is bythis Act or any other Act required to keepor exhibit therein, and inspect, examine,and copy the same;

& f) exercise such other powers and authoritiesas may be necessary for carrying this Actinto effect;

(g) take with him into any place any personwhom he may think qualified to act as aninterpreter, and whose assistance he shalldeem necessary in the performance of hisduties;

(h) require the production of all pay-sheets orbooks wherein an account is kept of theactual wages (whether by piece-work ornot) paid to any individual employee, andtake copies of or extracts from the same.

Inquiries by 12. (1) Any question, inquiry, or requisition tointerpreter.No. 44 of 1920, any occupier or shopkeeper or his agent or employees. 12. or to any other person made on behalf of an inspector

by any person so acting as interpreter shall, for allpurposes, be deemed to have been actually made bythe inspector, and the answer thereto made by anoccupier or shopkeeper, agent, employee, or personto the person acting as interpreter shall be deemedto have been actually made to the inspector.

(2) Any person who obstructs any person actingas an interpreter for an inspector shall be deemedto have obstructed the inspector in the executionof his duties, and shall be punishable accordingly.


13. (1) The occupier of a factory, shop, or ware- zigivi,P=0house, his agents, and servants, shall at all reason- .1151si.spection.able times furnish the means required by an ow 344 of 1920,

inspector for any entry, inspection, examination, 6 1

and inquiry, or the exercise of his powers under thisAct, or any enactment relating to the public health,in relation to the factory, shop, or warehouse.

(2) Except for the purposes of this Act and theexercise of his functions under this Act, no inspectoror interpreter shall disclose to any person anyinformation which, in the exercise of such functions,he acquires respecting any factory, shop, orwarehouse.

Penalty—Fifty pounds.

14. (1) Every inspector who holds a certificate =3,:anfrom the Commissioner of Public Health that in his No1449 of 1920,

opinion such inspector is competent to exercise the S.powers conferred by this section shall, in relation tofactories, shops, and warehouses, exercise all thepowers of an inspector appointed under section 11of the Health Act, 1911-1944.

(2) If any inspector observes in any factory, anybreach of the Health Act, 1911-1944, or the regula-tions or by-laws made thereunder, or, if anyinspector is of the opinion that to secure propersanitary conditions in any factory, the exercise ofcertain of its powers by the local health authorityis necessary, then he shall notify the local healthauthority accordingly, and in such notification mayspecify a reasonable time within which such localauthority shall enforce the provisions of the saidAct.

(3) If any such local health authority fails toenforce the provisions of the said Act, or to exerciseits powers thereunder within the time specified inthe inspector's notification, then the inspector mayexercise the powers of a local authority for thepurpose of carrying out the terms of such requisition.


(4) Should the local authority take exception toany requisition under subsection (2) hereof, it mayappeal to the Commissioner of Public Health, whomay uphold, revoke, vary, or alter the requisitionof the inspector, and the decision of the Commis-sioner shall be final.

Penalty forobstructingofficials andsimilaroffences.No. 44 of 1920.5. 15.

15. No person-

(a) shall obstruct any inspector or otherofficial in the execution of his duties underthis Act; or

(b) being lawfully required by an inspectorshall fail to produce or exhibit any docu-ment or allow any document to beexamined; or

(c) shall wilfully mislead any inspector or otherofficial in any particular likely to affect thedischarge of his duty; or

(d) being lawfully required to answer anyquestion by any inspector pursuant to thisAct shall fail to answer the same truthfullyto the best of his knowledge, information,and belief.

Penalty—Ten pounds.

Personating 16. Every person who personates an inspector oran inspector

for.— Penalty

makes any fraudulent use of a certificate issued toNo. 44 of 1920, an inspector under this Act, or falsely pretends tos. 16. be an inspector shall be liable on summary convic-

tion to imprisonment for a term not exceeding sixmonths.

Tit= 17. A person shall be deemed to obstruct anNo. 44 of 1920, inspector in the execution of his duties under this5 17.

Act who-

(a) without reasonable cause delays an inspec-tor in the exercise of any of his powers orduties under this Act; or


(b) fails to comply with a requisition of aninspector made under any such power, or toproduce any document which he is requiredby this Act to produce; or

(c) prevents or attempts to prevent, any personfrom appearing alone before or beingexamined by an inspector.

PART III.-REGISTRATION OF FACTORIES.

18. Except as hereinafter provided, it shall notbe lawful for any person to occupy or use as a factoryany building, premises, or place unless the same isduly registered as a factory under this Act.

Daily penalty—Five pounds.

19. (1) Application for registration shall be madeto the Chief Inspector in writing in the prescribedform, and shall specify

(a) the names in full of the occupier orintended occupier;

(b) the situation of the factory or intendedfactory;

(c) the name or style under which thebusiness of the factory is to be carried on;

(d) the nature of the work to be carried ontherein, and of the motive power, if any,to be used;

(e) the maximum number of persons to beemployed therein.

(2) In addition to his application, the applicantshall also deliver to the Chief Inspector a sketchplan of the intended factory to the satisfaction ofthe Chief Inspector.

(3) In any case where a satisfactory plan hasbeen delivered in connection with any previousapplication for registration of the same factory, itshall be sufficient if, in lieu of delivering a fresh plan,the applicant refers the Chief Inspector to theprevious one.

Factories tobe registered.No. 44 of 1920.e. 18;amended byNo. 54 of1937, s. 5.

Applicationfor regis-tration.No. 44 of 1920,s. 19.


Registration.No. 44 Of 1920,s. 20;amended byNo. 54 of1937, s. 6.

20. (1) On receipt of the application and of theprescribed registration fee, registration shall beeffected by an entry in a register of the prescribedparticulars relating to the factory, and a certificateof registration shall be issued to the occupier.

(2) Notwithstanding the registration of thefactory if, in the opinion of the Chief Inspector, anypremises registered as a factory are not suitable forthe purpose for which they are used or intendedto be used

(a) the Chief Inspector may forbid the premisesfrom being used for such purpose; and

(b) the Chief Inspector or any inspector mayby notification in writing served on theapplicant specify the matters in respect ofwhich such premises are not suitable and-

(i) require the applicant to remedy suchdefects to the satisfaction of theChief Inspector and limit the timein which the requisition is to becomplied with, and

(ii) forbid the premises from being usedfor such purpose until the premisesare made suitable for the purposefor which they are used or intendedto be used, to the satisfaction of theChief Inspector.

If the Chief Inspector forbids the premises frombeing used under the preceding subparagraph (ii),the Chief Inspector shall refund the fee paid forregistration under subsection (1), and the occupiershall forthwith deliver up the then current certifi-cate of registration to the Chief Inspector forcancellation.

Any person who uses any premises as a factoryafter the Chief Inspector has forbidden the samefrom being so used, without satisfying the ChiefInspector that the premises have been made suitablefor such use in accordance with this section,commits an offence against this Act.


(3) If the applicant is dissatisfied with any orderof the Chief Inspector forbidding the use of thepremises, or any requisition of the Chief Inspectoror an inspector under this section, he may appealto the magistrate of the local court held nearest tothe factory, and the provisions relating to appealswith respect to requisitions by inspectors shall apply.

21. With respect to requisitions under this Actby the inspector to the occupier of a factory, shop,or warehouse, the following provisions shallapply:

(1) The requisition shall be in writing underthe hand of the inspector, and shall beaddressed to and served on the occupier.

(2) The requisition may be served eitherpersonally or by posting it in a registeredletter addressed to the occupier at thefactory, shop, or warehouse.

(3) The requisition, when served as aforesaid,shall bind every person who by section fouris included in the definition of "occupier."

(4) If the occupier considers any requisitionnecessitating the expenditure of moneyexceeding five pounds to be unreasonable,he may appeal to the magistrate of the localcourt held nearest to the place which thefactory, shop, or warehouse is situated, bydelivering within the prescribed time, to theclerk of the court and to the inspector, anotice of appeal, in the prescribed form,setting forth the grounds of appeal.

(5) Upon the notice of appeal being delivered,the magistrate shall fix a time for thehearing of the appeal, and the clerk of thecourt shall by notice in the prescribed form,notify the appellant and the inspector thatthe appeal shall be heard by the magistrateat the time so fixed.

(6) On the hearing of the appeal, the magistratemay by order, confirm, reverse, or modifythe requisition as he thinks fit.

Provisionsas to requisi-tions by in-spector tooccupiers.No. 44 of 1920,s. 21.


(7) It shall not be unlawful for the occupierof an unregistered factory to carry on thebusiness of such factory pending the deci-sion of the magistrate of the local court inthe case of an appeal under this section.

Minister maydeclare theowner to be"occupier ofa factory for;he purposeof effectingstructuralalterations.No. 44 of 1920,r. 22.

22. When any structural alterations or buildingadditions are required by or under this Act to bemade in or to a factory, the Minister may, by noticein the prescribed form, notify the owner of thefactory that he will regard such owner, for thepurpose of making of such alterations or additions,as the occupier of the factory, and thereafter thesaid owner shall for that purpose be deemed to bethe occupier of the factory: Provided this sectionshall only apply where the occupier of a factory isa tenant under a lease or agreement made after thecommencement of this Act.

[No. 44 of 1920, s. 23 repealed by No. 54 of 1937,s. 7.]


Duration of 23. Every registration of a factory under this Actregistration.No. 44 of 1920, shall operate only during the current calendar year,6.25.1939 reprint, and after the thirty-first day of December of thats.23. year the factory shall (unless re-registered) become1948 reprint.s.23. unregistered.

Fees payable.No. 44 of 1920,S. 26:amended byNo. 4 of 1922,S. 2.1939 reprint.a. 24.1948 reprint.6.24:emended byNo. 54 of1943, 6. 5.SecondSchedule.

24. The fees payable on a registration shall be asprescribed by regulation under this Act, and unlessand until as prescribed shall be those set out in theSecond Schedule hereto; but when any factory isfirst occupied in any year after the thirtieth day ofJune, the fee to be paid for that year on registrationshall be one half of the annual fee.

[No. 44 of 1920, s. 27 now s. 137 in this reprint.]


25. Re-registration of a factory registered under atfeggra-this Act shall be subject to the payment of such fee =Lyn:heas is payable on a registration, and shall be effected milgaabtilr.in manner prescribed by regulations, and, subject No. of 1920,

thereto, the provisions and expressions in this Act n61,398.reprint,

referring to or including registration shall refer to s194825 reprintor include re-registration.

26. No person of the Chinese or other Asiatic 11 fer=ter

race shall be— No 44 of 1920,s. 29:

(a) registered as the owner or occupier of a seAreprint,

factory unless he satisfies the Minister that /911 reprint,

he carried on the business which he silent by

proposes to carry on in such factory before 1948,3,3.

the first day of November, one thousandnine hundred and three; or

(b) employed or engaged by the occupier of afactory in or about the factory, unless theoccupier satisfies the inspector that suchperson was so employed or engaged in afactory on or immediately before the datelast aforesaid.

Inserted byProvided that this section shall not apply to— No. 15 of1948, 8. 3.

(1) any person of the Asiatic race who is anatural born British subject and whosedomicile is in the State on the day of thecommencement of the Factories and ShopsAct Amendment Act, 1948, nor

(2) to any descendant of any person referredto in the next preceding paragraph if thedomicile of the descendant is in the State.

PART 117.-REGULATIONS OF FACTORIES ANDFACTORY WORK.

27. Every occupier of a factory shall(a) make and keep a true record of the names,

nature of work, and wages of the personemployed in such factory, the age of everysuch person under twenty-one years of age,and the period of employment of suchperson; the inspector may require suchrecord to be kept in the prescribed form;

Records andnotices byoccupiers.No. 44 of 1920,e. 30.1939 reprintS. 27.


(b) produce such record for inspection, when-ever demanded by an inspector, and forwardannually at the prescribed time to the ChiefInspector such particulars as may beprescribed;

(c) affix and keep affixed in legible charactersin some conspicuous place, and so as to beeasily read by his employees, a noticecontaining-

(i) the address of the Chief Inspector (orof the inspector for the district, ifthe factory is in a district);

(ii) the holidays and the working hoursof the employees;

(iii) true copies or abstracts of such partsof this Act and regulations there-under as may be prescribed;

(d) affix and keep affixed in legible characters,in such place as an inspector may director approve-

(i) the name of such occupier; or(ii) if such occupier is a company, the

registered name of such company; or(iii) if such occupier is a firm, the firm

name.

Penalty—Five pounds.

[No. 44 of 1920, s. 31-1939 reprint, s. 28—repealed by No. 60 of 1946, s. 3.]

Working 28. (1) Subject to the provisions of this Act, ahours ofwomen and woman or boy shall not be employed in or about aboys.No. 44 of 1920, factory—s. 32;amended byNo. o54 f (a) for more than forty-four hours, excluding1937 s. 10.1939 reprint, meal-times, in any one week; ors. 29.1948 reprint,8. 28. (b) for more than eight hours and a half,

excluding meal-times, in any one day;

Factories and Shops. 21.

(c) on any holiday or at any time after oneo'clock in the afternoon of the working dayin each week on which a half-holiday is tobe allowed as hereinafter mentioned; nor

(d) in the case of women, at any time betweenthe hours of six o'clock in the evening andeight o'clock in the morning following; nor

(e) in the case of boys, at any time between thehours of six o'clock in the evening and aquarter to eight in the morning following.

(2) On any day all women and boys employed inany capacity in a factory shall (meal-timesexcepted) be deemed to be employed therein fromthe time when they commence work until the timethey leave the factory.

(3) Where a person is employed by the same raeorYemployer in both a factory and a shop, the person 1937, s 10

concerned shall be deemed to be employed in afactory and the provisions of subsection (1) of thissection shall apply accordingly.

[No. 44 of 1920, s. 33-1939 reprint, s. 30—repealedby No. 60 of 1946, s. 4.]

29. Every worker (except a worker who isemployed on a continuous process plant) shall beentitled to three-quarters of an hour for a mealbetween the hours of twelve o'clock noon and threeo'clock in the afternoon, and also between the hoursof five o'clock and eight o'clock in the evening,and no worker shall work or be required to work inor about any factory so as to lose or be deprivedof either of such meal-times or any part thereof, orfor longer (in the case of a woman or boy) than fourand a-half hours, and (in any other case) thanfive hours without such a meal-time.

Meal-timesto beallowed.No. 44 of 1920,s. 34;amended byNo. 59 of1937, s. 11.1939 reprint,s 31.1948 reprint.5. 29.

Penalty—Two pounds.


Prevention 30. In order to prevent any evasion or avoidanceof evasionof working of the foregoing limits of working hours, all workhours.No. 44 of 1920, done by any person employed in a factory for theS. 36.1939 reprint, occupier elsewhere than in the factory (whethers. 32, the work is or is not connected with the business1943 reprint,s. 30. of the factory) shall be deemed to be done whilst

employed in the factory, and the time shall becounted accordingly.

Overtime. 31. (1) The prescribed number of working hoursNo. 44 of 1920.s. 37; may from time to time be extended. Every personemended byNo. 54 of

/2, who is required to work such extended hours shall37, s.1939 reprint, be paid therefor at the rate of not less than times. 33,1998 reprint, and a quarter for the first two of such extendeds. 31. hours, and time and a half thereafter; but such

extensions shall not in the case of women and boysbe

(a) more than two hours in any day; or(b) on more than two days in any week; or(c) on two consecutive days in any week; or(d) on more than fifty-two days in any year; or(e) on any holiday or half-holiday.

(2) On every such occasion no person shall beemployed for more than four and a half hours con-tinuously without having an interval of at least half-an-hour for rest and refreshment.

(3) All work done by a worker on other than aworking day shall be paid for at not less than halfas much again as the ordinary rate:

Provided that in the case of women and boys whenthe ordinary rate is by time, and not by piece-work,the overtime rate shall not be less than sixpence perhour for those persons whose ordinary wages do notexceed ten shillings a week, and not less than nine-pence per hour for all other persons so employed,and shall be paid at the first regular pay day there-after.


32. (1) The occupier of a factory shall at all RecordN 44 of 1920,times keep a record showing, in the case of each 838

person who is employed during such extended hours 18934reprint,under the last preceding section, the name of the 1.932 reprint,

employee, and the respective dates and periods ofsuch employment.

(2) The record shall at all times be open to theinspection of any inspector.

(3) Any inspector may at any time require theoccupier to verify the entries in the record in suchmanner as may be prescribed by regulations.

33. The provisions of section thirty-one arehereby modified in the case of fruit canning fac-tories, fruit drying factories, and jam factories, andcondensed milk and milk products (other thanbutter) factories to the extent that the limitationsas to overtime contained in paragraphs (b), (c) and(e), of subsection (1) thereof need not be observedduring the period between the first day of Januaryand the first day of April in any year in the case ofthe factories, other than condensed milk and milkproducts (other than butter) factories, mentionedherein, and during the period between the first dayof September in each year and the first day ofFebruary next following the same, in the case ofcondensed milk and milk products (other thanbutter) factories.

Specialprovisionsas to over-time in fruit •canningfactories.No. 44 of 1920,s. 39;ame

6nded by

No.1932. B. 2.1939 reprint,s. 35.1948 reprint,s 13.

34. (1) In order to meet an unforeseen press of I' 51a,sp‘oe_sinwork or circumstances of an extraordinary nature, flooruerxstended

in special industries as prescribed by regulation, the N o40‘14 of 1920,s

Minister may from time to time exempt any one or ;Tao;ended odrd by

all of such special industry or industries, or any an22,bsy 3,

factory in which work which is a necessary part of T3754..f3any trade or manufacture carried on in such indus- 1939 reprint,tries is performed from the operations of paragraphs.51,4368 reprint,(b), (c), and (e) of subsection (1) of section thirty- s 34.one, for such periods as he may deem necessary,and may at any time revoke such exemption.


(2) If in any case where such exemption has beengranted, the Minister, if not satisfied that the extrahours worked or to be worked were bona fide for thepurpose of meeting an unforeseen press of work orcircumstances of an extraordinary nature, shall givenotice in writing of such dissatisfaction to theoccupier of the factory, and unless the occupier ofsuch factory within one month from such noticeproves to the satisfaction of the Minister that suchworking was bona fide for such purpose, the Ministershall direct the Chief Inspector to make a recordthat such working was not bona fide for such pur-pose; and if the Minister directs such record to bemade in regard to any occupier of a factory twicewithin any period of twelve months, such occupiershall not thereafter at any time be entitled to availhimself of the provisions of this section.

Provisionas to noticesfor extendedhours.No. 44 of 1920,a.41;amended byNo. 54 of1937, s. 14.1939 reprint,s. 37

8 . (a) within twenty-four hours of the commence-

/94 reprint, ment of such extra working, send to the35.Chief Inspector the prescribed writtennotice of having availed himself of theprovisions of such section;

(b) in a case where the provisions of sectionthirty-four have been availed of, give tothe Chief Inspector with such notice a fullstatement signed by such occupier, of thefacts on which he relies as showing thatsuch working was in fact for the purpose ofmeeting an unforeseen press of work orcircumstances of an extraordinary nature;

(c) send to the Chief Inspector a notice in theprescribed form, specifying the names of theworkers to whom the extension applied, andthe period of the extension;

35. On every occasion when extended hours havebeen worked in accordance with the provisions ofsections thirty-one, thirty-three, or thirty-four, theoccupier shall


(d) the occupier shall prior to the commence-ment of such extension post up in aconspicuous position in the factory a truecopy of the notice referred to in paragraph(c);

(e) the Chief Inspector shall cause to be kepta record of the names of all persons inrespect of whom such notice applies, andshall note against the name of each theextended hours worked by him or her, sothat the full amount of overtime permittedshall not in any case be exceeded;

(f) in every case where a woman or boy isrequired to work extended hours theoccupier shall, in addition to any paymentfor overtime, provide every such woman orboy either with a sufficient meal betweenthe hours at which the factory ordinarilycloses and the hour at which the extensionis to commence or with an allowance of notless than one shilling and sixpence, suchallowance to be paid on the day on whichsuch extension is to apply not later thanthe hour at which the factory ordinarilycloses.

36. For the purposes of this Act any person(other than the occupier) employed in any capacity 111:7;11%1*yd--in a factory shall be deemed to be employed therein Ten:ted

from the time when such person commences work 114,8 5441A byuntil the time when working operations of such 19379,,Vrl.nt,person cease for the day, and every such person 194388.reprint.

shall forthwith after such cessation of work, unless 6.36.

lawfully working on overtime, leave the factorywithout loitering or remaining in the factory for hisown purposes, excluding however, the meal timeprescribed under this Act.


Holidays infactories.What holi-days to beallowedwithoutdeductionfrom wages,No. 44 of 1920,s. 42;amended bywo. 4 of1922, s. 4.and No. 54 of1937, s. 16.1939 reprint,s. 39;amended byNo. 60 of1946, a. 5.1948 reprint,s. 37.

37. (1) Except as hereinafter provided, theoccupier of a factory shall allow to every personemployed in the factory, the following holidays onfull pay, that is to say:—A whole holiday on everyChristmas Day, Boxing Day, New Year's Day,Australia Day, Good Friday, Easter Saturday,Easter Monday, Anzac Day, Labour Day andFoundation Day, provided that when ChristmasDay, Boxing Day, New Year's Day, Australia Day,Anzac Day, or Foundation Day falls on a Sunday,then the whole holiday shall be allowed on the nextensuing Monday.

When owing to or as a result of the provisions ofany industrial award or agreement it is impractic-able for a person employed in a factory to work onany day, such person shall be deemed to be granteda holiday on full pay on that day, and shall beentitled to be paid in respect thereof accordingly.

Inserted byNo. 80 of1946, s. 5.

(2) In addition to the holidays mentioned insubsection (1) of this section, the occupier of afactory shall allow to every person employed in thefactory such period of annual leave (if any) withpayment of such person's ordinary wages as isrequired to be allowed by an employer to a workerunder and subject to the provisions of the Awardfor the time being in force under the IndustrialArbitration Act, 1912-1941, governing the employ-ment of shop assistants in the metropolitan area ofPerth in the circumstances and upon and subjectto the terms and conditions therein prescribed:Provided that for the purposes of this subsectionany reference in such Award to a casual worker shallbe deemed to be a reference to an employee who isemployed by the same occupier for less than sixconsecutive working days.


38. The occupier of a factory shall allow to everyperson employed in the factory payment for non-attendance at the factory caused by such person'spersonal ill-health for one-half day for eachcompleted month of service: Provided that

Fayment fornon-attend-ance throughill-health.Inserted as

39A byNo. 60 of1946, s. 6.1948 reprint,a. 38.

(a) liability under this section for payment forsuch non-attendance caused by such ill-health shall be limited to six days in eachcalendar year;

(b) this section shall not apply in any casewhere the person employed as aforesaid is,in respect of any such non-attendance,entitled to compensation under theWorkers' Compensation Act, 1912-1944; norwhere such non-attendance arises out ofsuch person's own wilful default; and

(c) no such person shall be entitled to benefitunder this section unless and until heproduces to the occupier satisfactory proofof his sickness causing the non-attendance,but the occupier shall not be entitled toproduction of a certificate under the handof a duly qualified medical practitionercertifying to such sickness unless the non-attendance extends over at least three days.

39. Every occupier of a factory shall allow to tu 4 Yn

every person employed therein a half-holiday on No. 4 of 1920.every Saturday in every district in which shops ed by(other than those specially exempted) are required 79°375.117.to close at one o'clock on that day, and in other L"490.""int'places on such day of the week as the occupier and 191reprint,

his employees may from time to time agree upon,or in default of such agreement as the Chief Inspec-tor may from time to time select, such half-holidayto commence from the hour of one of the clock inthe afternoon.


Exceptionsas to news-paper.No. 44 of 1920.s. 44.1939 reprint,a. 41.1948 reprint,a. 40.

40. (1) Nothing in this Act shall be deemed toprevent

(a) any person being employed in a printingoffice on the half-holiday for the purpose ofprinting or publishing an evening news-paper, or on one evening of the week forthe purpose of printing or publishing aweekly or monthly newspaper; nor

(b) the substitution, with the approval of theChief Inspector, of other working days aswhole holidays in lieu of Christmas Day,Easter Monday, Eight Hours' Day, and theSovereign's birthday in the case of personsemployed in the printing and publishing ,ofnewspapers; nor

(c) any boy being employed on the half-holidayin the publishing or delivering of a news-paper.

(2) For the purposes of this section "newspaper"means a paper containing public news, printed andpublished in Western Australia periodically or inparts or numbers, at intervals not exceeding onemonth between one publication and the next.

[Sections 45, 46, 47 and 48 of No. 44 of 1920 trans-posed by No. 54 of 1937, sections 18 (2), 19 (2), 20(2) and 54 (2) ; now sections 138, 139, 140 and 136respectively of this reprint.]

"Sweating" 41. (1) The provisions of this section are speciallyin factories.No. 44 of 1920, intended for the better suppression of what is com-1939 reprint, monly known as the "sweating evil," and shall beS. 42. construed and applied accordingly.1948 reprint,a. 41.

(2) The occupier of a factory who lets or givesout work of any description in connection with textileor shoddy material to be done by any person else-


where than in a factory shall keep or cause to bekept a record in the prescribed manner showing withsubstantial correctness-

(i) the full name and address of such person,and the situation of the place where he doesthe work;

(ii) the quantity and description of the workdone by such person; and

(iii) the nature and amount of the remunerationpaid to him therefor.

(3) No person to whom the work is let or givenout as aforesaid shall-

(i) directly or indirectly sublet the work or anypart thereof, whether by way of pieceworkor otherwise; or

(ii) do the work or any part thereof otherwisethan on his own premises, and by himselfor his own workpeople to whom he himselfpays wages therefor.


(4) If the occupier of the factory by whom thework is let or given out as aforesaid knowinglypermits or suffers any offence under this section tobe committed, he is liable to a fine not exceedingfifty pounds.

(5) In any proceedings under this section againstthe occupier of a factory, the knowledge of hisservants shall be deemed to be his knowledge.

(6) For all the purposes of this section everymerchant, wholesale dealer, shopkeeper, agent, ordistributor, who lets or gives out textile or shoddymaterial to be made into garments or other articlesfor sale, shall be deemed to do so as the occupier ofa factory, and the provisions, obligations, andpenalties of subsection (2) hereof shall extend andapply to him accordingly.

[41 94842


Work whendone byemployeeselsewherethan in fac-tory.No. 44 of 1920.s. 50.1939 reprint,s. 43.1948 reprint,S. 42.

Outsideworkers toregisternames andaddresses.No. 44 of 1920,9. 51.1939 reprint,s. 44.1948 reprint,s. 43.

42. Without in any way limiting the operationsof the last preceding section, the following provisionsshall apply in the case of every factory:

(a) If any person employed in a factory doesany work for the factory elsewhere than inthe factory, the occupier commits anoffence, and is liable to a fine not exceedingten pounds.

(b) Any person who, being employed in thefactory, does such work elsewhere than ina factory, commits an offence, and is liableto a fine not exceeding five pounds:

Provided that nothing in this section shall bedeemed to apply to any work which cannot, byreason of its peculiar nature, be performed on thefactory premises.

43. (1) Every person who, outside a factory, butfor the occupier of a factory, shop, or warehouse,wholly or partly prepares or manufactures for tradeor sale any clothing, wearing apparel, curtains,cushions, upholstery, or any other prescribedarticles, shall make application for registration tothe Chief Inspector in writing in the prescribed form,and shall specify

(a) the name in full of the applicant;

(b) the situation of the premises or placewhere it is intended to prepare or manufac-ture such articles;

(c) the number of persons to be employed inthe preparation or manufacture of sucharticles.

Penalty—One pound.

(2) If in the opinion of the Minister any applicantfor registration under this section could withoutundue inconvenience or hardship be employed in thefactory, he may direct the Chief Inspector to refuseto register such person.


(3) The occupier of a factory who lets or gives outwork of any description in connection with thearticles of clothing or wearing apparel to be doneelsewhere than in the factory, to any person notregistered under this section, shall be guilty of anoffence against this Act.

(4) Every person so registered may be required byany inspector to answer all questions put to him bysuch inspector as to the person for whom the articlesare being prepared or manufactured and the priceor rate to be paid to him therefor.

(5) Notwithstanding anything contained in thisAct, no names or addresses registered pursuant tothis section shall be published in any manner, or beopen to the public, or be seen by any person otherthan the officers engaged in the administration ofthis Act, and the said officers shall maintain andaid in maintaining secrecy as to the names andaddresses so registered, and shall not communicateany such name or address to any person whomsoeverexcept for the purposes of enforcing the provisionsof this Act.

Penalty—One hundred pounds.

(6) No fee shall be charged for any registationunder this section.

44. When in accordance with, or as a result of, riti:any award of the Court under the Industrial Arbi- rgirteir alt 0 n

tration Act, 1912-1941, or of any registered industrial „,urti.,,:,r,agreement which has been made a common rule, the reemployees employed in the manufacture of articles s.i24.4°"92°'in any factory or in the principal or one of the Nreprtnt,

principal departments of any factory, are required ma reprint.

to cease work on any day at any hour, then thefactory or such department of any factory shall ceaseworking operations on that day not later than thehour fixed for the cessation of work under the saidaward or industrial agreement which has been madea common rule, and shall continue the cessation ofwork until the time fixed or determined by or undersuch award or agreement for the commencement ofwork by such employees.


PART v.-RESTRICTIONS RELATING TO PERSONS WHOARE NOT OF FULL AGE.

No child to 45. No occupier of a factory, shop, or warehousebe emplo Yed.No. 44 of 1920. shall employ therein any child:s. 53;amended byNo. of1922, s. 5. Provided that in case any child was at any time11 9. 3496 rePrint heretofore lawfully employed in a factory, shop, or1948 reprint, warehouse, and continued to be so employed at or1.45.

immediately prior to the commencement of this Actor the coming into operation of this proviso, nothingin this section shall prevent the employment of suchchild in the same factory, shop, or warehouse bythe same employer.

Restrictionof employ-ment inmirror andwhite leadrisking.No. 44 of 1920.s. 54.1939 reprint,a. 47.1948 reprint,s. 46.

46. No occupier of a factory shall employ a maleunder eighteen years of age or a woman in any partof such factory in which there is carried on

(a) the process of silvering of mirrors by themercurial process; or

(b) the process of making white lead.

Restriction 47. No occupier of a factory shall employ a femaleof employ-ment in under eighteen years of age in any part of suchglassworks.No. 44 of 1920, factory in which the process of melting or annealing1939.

reprint, gla ss is carried on.1939 s. 48.1948 reprint,a. 47.Restrictionof employ-ment inbrick andsalt making,No. 44 of 1930.s. 56.1939 reprint.a. 49.1948 reprint,s. 48.

48. No occupier of a factory shall employ thereina girl under sixteen years of age if there is carried ontherein

(a) the making or finishing of bricks or tilesnot being ornamental tiles; or

(b) the making or finishing of salt.

Restrictionof employ-ment toLucifermatch-dipping.No. 44 of 1920,s. 57.1939 reprint.s. 50.1948 reprint.s. 49.

49. No occupier of a factory shall employ a personunder sixteen years of age in any part of suchfactory in which the dipping of lucifer matches iscarried on.


50. A girl under sixteen years of age shall notbe employed as a type-setter in a printing office.

51. The occupier of a factory shall affix and keepaffixed, in legible characters, in some conspicuousplace therein, and so as to be easily read by theemployees, a copy of such of the sections forty-five,forty-six, forty-seven, forty-eight, forty-nine, andfifty as are aplicable to such factory; such copiesto be supplied by the Chief Inspector.

Girl under16 not to beemployed astype-setter.No. 44 of 1920,s. 58.1939 reprint.s. 52.1948 reprint,8.50.Notices to beposted infactory.No. 44 of 1920.s. 59.1939 reprint,s. 52.1948 reprint.s. 51.

52. (1) Without limiting the foregoing restric- roritr=rtions as to the age of employment, the inspector 1,;IrehrY8may, if he is of opinion that any boy or girl under Nuno.d4e4r

olf6.1920the age of sixteen years who is employed in any 6°sfactory, shop, or warehouse, is physically unfit for 2.53.suchsuch employment, by notice in writing require such eareprint,

boy or girl to produce, within the time stated insuch notice, a certificate signed by a medical officerof health, certifying that he has examined such boyor girl, has satisfied himself as to his or her age,and that such boy or girl is physically fit to performthe duties upon which he or she is engaged.

(2) It shall not be lawful for any occupier of afactory, shop, or warehouse to continue to employany boy or girl who has been required to producea certificate of fitness as aforesaid unless and untilsuch certificate has been produced to the inspector.

(3) The inspector shall, upon serving the noticeunder subsection (1) of this section, at the sametime notify the occupier in writing that he hasrequired the said boy or girl to produce a certificateof fitness as aforesaid.

(4) For every certificate of fitness issued underthis section the medical officer of health may chargea fee not exceeding five shillings, which shall, ifthe boy or girl has been in the employment of the


occupier for a period exceeding one calendar month,be payable by the occupier, and if such boy or girlhas been employed for less than one calendar month,such fee shall be payable by the boy or girl aforesaid.

Certificateof fitnessas to suchboys andgirls.No. 44 of 1920,s. 61.1939 reprint,a. 54.1948 reprint,s. 53.

53. With respect to every certificate of fitness, thefollowing provisions shall apply :—

(a) Evidence as to age may be given by produc-tion of a certificate of birth (which for thepurposes of this section the Registrar ofBirths shall supply to the inspector withoutfee) or by statutory declaration by anyperson competent to depose to the fact.

(b) Every statutory declaration under thissection shall be exempt from stamp duty.

(c) The certificate of fitness shall not operate tolimit or remove any of the restrictions orconditions imposed by this Act in respectof the employment of any persons.

(d) The Chief Inspector shall keep a register ofall certificates of fitness issued by anymedical officer of health under the provi-sions of section fifty-two.

Penaltyon parentof childemployed Inbreach ofAct.No. 44 of 1920,s. 62;amended byNo. 4 of1922, 5. 6.1939 reprint,s. 55.1948 reprint.s. 54.

54. In every case where a boy under the age offourteen years or a girl under the age of fifteenyears is employed in a factory, shop, or warehousein breach of this Act, then, irrespective of the penaltyto which the occupier of the factory, shop, or ware-house thereby exposes himself, the parent or guar-dian of the boy or girl so employed commits a breachof this Act, unless he satisfies the court that theemployment was without his consent, connivance,or default.



PART VI.-PROVISIONS RELATING TO HEALTH,SANITATION AND SAFETY.

55. (1) Where the Minister is satisfied that any =i,„,„manufacture, plant, process, or description of=notrmanual labour used in factories is dangerous or !nth* as

injurious to health or dangerous to life or limb, 11:grieither generally or in the case of women, young 193.71 °22

persons or any other class of persons, he may certify etrepriathat manufacture, plant, process, or description ofmanual labour to be dangerous; or where the Minis- No e by

ter is of opinion that any noise, gas, dust, fume, or 1952, s 2.

impurity, generated in a factory interferes or isreasonably likely to interfere with the personalcomfort of any person whether employed in thefactory or not he may certify the noise, gas, dust,fume, or impurity to be a nuisance under this Act;and thereupon the Governor may make such regula-tions as appear to him to be reasonably practicableand to meet the necessity of the case.

(2) Before the Governor makes any regulations as.u.4%2:dunder this section the Minister, having regard to 1°97.8•such related matters as he thinks fit but having 8 110(3).

regard in any case to such expenditure, such localconditions and such circumstances as are reasonablylikely to be involved in the application of the regula-tions shall consider the draft of the regulations andshall publish in a newspaper circulating in thedistrict or districts in which the factories as afore-said exist, and in such other manner as he may thinkbest adapted for informing persons affected, noticeof the proposal to make the regulations and of theplace where copies of the draft regulations may beobtained, and of the time (which shall not be lessthan twenty-one days) within which any objectionmade with respect to the draft regulations by oron behalf of the persons affected must be sent tothe Minister.

(3) Every objection must be in writing and state

(a) the draft regulations or portions of draftregulations objected to;

(b) the specific grounds of objection; and(c) the omissions, additions, or modifications

asked for.


(4) The Minister shall consider any objectionmade by or on behalf of any persons appearing tohim to be affeffcted which is sent to him within therequired time, and he may, if he thinks fit, amendthe draft regulations, and shall then cause theamended draft to be dealt with in like manner asan original draft.

(5) Where the Minister does not amend or with-draw any draft regulations to which any objectionhas been made, then (unless the objection either iswithdrawn or appears to him to be frivolous) heshall, before recommending the Governor to makethe regulations, direct an inquiry to be held in themanner hereinafter provided.

56. (1) When so required by subsection (5) ofsection fifty-five of this Act, the Minister shallappoint a competent person or persons to hold aninquiry with regard to the draft regulations, and toreport to him thereon.

(2) The witnesses on the inquiry may, if theperson holding it thinks fit, or if the persons holdingit think fit, be examined on oath.

57. (1) The regulations made under the fore-going provisions may be made to apply to all thefactories in which the manufacture, plant, processor description of manual labour, certified to bedangerous, is used (whether existing at the timewhen the regulations are made or afterwards estab-lished), or to any specified class of such factories.They may provide for the exemption of any specifiedclass of factories, either absolutely or subject toconditions.

(la) Regulations made under the foregoing pro-visions of this Part may be made so as to apply toeverything certified under section fifty-five of thisAct to be a nuisance, or to a class of such things orto any such thing in particular.

Ministershall directinquirybefore sub-mittingregulationsto Brecutive.Inserted asa. 62B byNo. 54 of1937,s. 22.1939 reprints. 57.1948 reprint.,s. 56;amended byNo. 59 of1952, s. 3.

Regulationsmay be ofgener Orspecialapplication,Inserted as8. 62C byNo. 54 of1937, S. 22.1939 reprinta 58.1948 reprint,s. 57;amended byNo. 59 of1952, s. 4.


(2) No person shall be precluded by any agree-ment from doing, or be liable under any agreementto any penalty or forfeiture for doing, such acts asmay be necessary in order to comply with theprovisions of any regulation.

58. Regulations made under the foregomg pro- SPecialProvhdonzvisions may, among other things— may be madeIn regard to

(a) prohibit the employment of or modify or ==1:15.limit the period of employment of all =aspersons or any class of persons in any 14:375,112.manufacture, plant, process or description Mreprints

of manual labour certified to be dangerous; 1848 rePtinte. 58;and amended byNo. 59 of

(b) prohibit, limit, or control the use of any 1952,a.5.

material or process.

require the occupier immediately or by aspecified time or by specified stages eitherunconditionally or upon specified conditionsto abolish or abate a thing certified undersection fifty-five of this Act to be a nuisance.

59. (1) If any occupier who is bound to observe Penalty forany regulation made under the foregoing provisions =Tann&acts in contravention of or fails to comply with the It1'74 aBregulation, he shall be liable for each offence to a 93'75412penalty not exceeding fifty pounds and, in the case preprint,of a continuing offence, to a penalty not exceeding 1948 reprint,five pounds for every day during which the offence "continues after conviction therefor.

(2) If any person other than an occupier who isbound to observe any such regulation acts incontravention of or fails to comply with the regula-tion, he shall be liable for each offence to a penaltynot exceeding two pounds; and the occupier of thefactory shall also be liable to a penalty not exceed-ing two pounds, unless he proves that he has takenall reasonable means by publishing and enforcingthe regulations to prevent the contravention ornon-compliance.

(c)

Ventilation.

Light.

Heatingappliances


60. (1) A factory or any portion thereof

(a) shall not be so overcrowded while work iscarried on therein as to be injurious to thehealth of the persons employed therein;

(b) shall contain such amount of cubical spacefor each person employed as an inspectorshall in each case determine: Provided,however, that such reserved space shall notbe less than three hundred and fifty cubicfeet for each person working therein;

(c) shall be ventilated so as to render harmless,as far as practicable, all the gases, vapours,dust, and impurities generated therein, andin the opinion of the Chief Inspector,injurious to health;

(d) shall contain such amount of window orlight area for each workroom as aninspector shall in each case determine:Provided that such window or light areashall not be less in proportion than one-tenth of the floor area.

(2) Every heating appliance in any factory,whether used for warming persons therein engaged,or for the manufacturing process, shall be providedwith a flue of such size and construction as may beapproved by the Chief Inspector, unless the factoryis of such open construction as to render such flueunnecessary.

(3) A factory, in respect whereof there is a contra-vention of this section, shall be deemed to be notkept in conformity with this Act.

(4) The occupier of the factory shall be deemedto be responsible for any such contravention and,subject to section one hundred and forty-seven, maybe proceeded against accordingly.

38

Over-crowding.No. 44 of 1920,s. 83.1939 reprint.S. 81.1948 reprint,

Space.


61. The following provisions shall apply to allfactories:—

(a) An inspector may by requisition to theoccupier of a factory require the occupierto supply fans or other efficient appliancesto carry off and render harmless all thegases, vapours, dust and impurities gener-ated therein and deemed by the inspectorto be injurious to health.

(b) No space in a factory or any part thereofshall be deemed duly reserved for anyperson employed therein unless such spaceis kept properly lighted and ventilated, andclear from all materials, goods, or tools otherthan those actually used or required by theperson for whom the space is to bereserved.

39

Rules to beObserved 1nfactories.No. 44 of 1920.5. 64.1939 reprint,s. 62.1948 reprint,5. 61.

(c) A sufficient supply of fresh drinking-watershall be provided for the free use of thepersons employed in the factory.

[No. 44 of 1920, s. 65, transposed by No. 54 of 1937,s. 23 (2); now section 141 in this reprint.]

62. With regard to the meals and meal times of m:astnt,employees, the following rules shall be observed in of employees.

1920,of44No.every factory:— a. 6;amended byNo. 54 of

(a) No person shall be permitted to take any 1939 reprint.meal in any room in which any handicraft a. 63.reprint.or manufacturing process is being or within 19. repthe previous two hours has been carried on,or in which any person is or during theprevious two hours has been engaged inwork.

(b) No employee who is entitled under this Actto an interval for meals shall be permittedto do any work or to remain in any work-room during such interval.


(c) Notwithstanding anything contained in thissection, where the number of employeesemployed in a factory does not exceed six,an inspector may permit such employees totake thir meals in the workroom and toremain therein.

(d) When the number of employees employed ina factory exceeds six, the occupier shallprovide a fit and proper room in which theymay take their meals: Provided that aninspector may authorise a place of shelterwithin the factory to be used for thispurpose if he is satisfied that it is reason-ably sufficient for this purpose, and issufficiently secure from the weather andfrom public view.

(e) The room or shelter referred to in thepreceding paragraph shall be furnished bythe occupier of the factory to an inspector'ssatisfaction with seats and tables, so as topermit of meals being taken with reason-able comfort and security, and shall notbe used for the storage of materials or goods.

No

Dressing 63. Where, in the opinion of the Chief Inspector,No. 44 of 1820, a change of dress on the part of any person employed

87; in a factory is necessitated by thework or is desir-amended 122No. 54 of . able for the comfort of such person, the occupier193, a. 251939 reprint, of such factory shall, at the request in writing ofs. 64.1948 reprint, the Chief Inspector, and within the time limiteda. 83. in such request, provide a suitable, furnished

dressing-room for such person to the satisfactionof the Chief Inspector.

Daily penalty—One pound.

Women notto beemployedwithin sixweeks beforeor after con-finement.No. 44 of 1920,a. 68.1939 reprint,S. 85.1948 reprint,a. 84.

64. No woman shall knowingly work and nooccupier of a factory shall knowingly require orpermit any woman to work in any factory duringthe six weeks immediately prior to or after herconfinement.


65. No male under eighteen years of age, and no oRgitrigiooyx!female, shall be allowed to clean such part of the mellt unfit:machinery in a factory as is mill gearing while the No. 44 of lasame is in motion for the purpose of propelling any =reprint,part of the manufacturing machinery. s.

1948 reprint,05.

Penalty—Twenty pounds.

66. Every woman who works in a factory at orabout any machine driven wholly or partly bymechanical power shall, whilst so working, ifrequired by an inspector, be dressed as prescribed,and have her hair securely fastened on the topor at the back of her head and protected by a netor cap of a kind approved by the Chief Inspector,and the occupier of the factory shall constantlykeep a sufficiency of such nets or caps in the factory,and shall supply them, as required, to the employees.


Womenemployed atmachineryto have hairsecurelyfastened andprotected.No. 44 of 1920,a. 70.1939 reprint.s. 67.1948 reprint,s. 68.

67. Every person working in a factory at or 117==adjacent to any bottling machine where the material rarbottled is aerated shall have his face and head ttgliangeseffectually protected by a wire mask, and shall have l anai aheads ehis hands and arms up to the elbows effectually ;;,.0t,„„eddtablv

protected by gloves. Such masks and gloves shall No. 44 of 1920,s. 71.

be of a kind approved by the Chief Inspetor, and the 1939 reprint,occupier of the factory shall constantly keep a 18946: rint,sufficiency of such masks and gloves in the factory, 67.

and shall supply them as required to the employeesfree of cost:

Provided that no employee shall be required to usea mask which has been previously used by anotheremployee unless and until such mask has beenproperly sterilised.

68. In every factory the opening of every hoist- Igtattarway, elevator, lift, well-hole, or stairway shall, at I::rs rf 9 2 0each floor, be provided with and protected by such s 72

1939 reprint,safeguards as the inspector may approve. s. 89.

1948 reprint,8. 68.


Unsafe or 69. If an elevator or lift in a factory is considereddangerouselevator or by an inspector to be unsafe or dangerous to use, helift.No. 44 of itra may prohibit the occupier from using such elevators. 73.1939 reprint, or lift until it is made safe to the inspector's satis-s. 70. faction. Whilst such prohibition is in force the1948 reprint,s. 69.

occupier shall not use or permit the use of suchelevator or lift.

70. Nothing in section sixty-eight or sixty-nineshall limit or affect the provisions of the Inspectionof Machinery Act, 1921-1947.

71. No person under the age of eighteen shall beallowed to have the care, custody, management, orworking of any elevator or lift in any factory orshop, unless such elevator or lift has been speciallyexempted from the operation of this section by theChief Inspector.

Inspectionof MachineryAct notaffected.No. 44 of 1920,s. 74.1939 reprint,B. 71.1948 reprint,a. 70.

Managementof elevators.No. 44 of 1920,8. 75.1939 reprint,s. 72.1948 reprint,s. 71.

Sitting 72. (1) Every occupier of a factory shall causeaccommoda-ti on to b to be provided suitable sitting accommodation forprovided.eNo. 44 of 1920, all females employed therein in the proportion ofs. 78.

s. 73. sitting accommodation shall be conveniently situ-1948 reprint,s.72. ated for the use of the persons for whom the same

is provided.

(2) The occupier of any factory shall allow everyfemale employed therein to make use of such sittingaccommodation at all reasonable times during theday, when such use would not necessarily interferewith the proper discharge by such female of herduties.

Iron build-ings to belined ifrequired.No. 44 of 1920,s. 77.1939 reprint,e. 74.1948 reprint,a. 73.

73. (1) The Chief Inspector may require anysuch building used as a factory which is constructedof iron, zinc, or tin to be lined with wood or othermaterial to his satisfaction.

reprint, one seat for every three females employed, and such1939 rep


(2) The Chief Inspector may require any suchbuilding roofed with iron, zinc, or tin to be coatedwith white paint or whitewash or other cooling sub-stance: Provided, however, that the Chief Inspectorshall not make any such requisition unless he shallhave given the occupier reasonable opportunity tobe heard in opposition.

74. In every factory there shall be constructed, tarriesto the satisfaction of an inspector, a sufficient separate.

number of waterclosets or earth closets and lava- r7s44 of 1924).tories for the separate use of each sex, so situated ntrePrInt•as to secure reasonable privacy, and screened from 19184 !Willa,the public view to the satisfaction of the inspector.

75. ' (1) In every factory where white lead, red ==tolead, litharge, or other compounds of lead, mercurial. Wn rertad.or arsenical preparations are manufactured or arc' e.tc-

produced— Inserted eas 78A by

(a) suitable washing and bathing conveniences 1/3 11.shall be provided by the occupier for the ;94reprint,use of the employees; 19,18 reprint,

s. 75.(b) the occupier shall not allow any employee

to take a meal in any room in which suchsubstance is used, and suitable provisionshall be made by the occupier for enablingthe employees to take their meals elsewherethan in the factory;

and if the roasting, conversion, manufac-ture, production, or treatment of lead orarsenical ore by any process is carried on,masks and rubber gloves shall be providedby the occupier for use by the employees,and shall be kept efficient.

(2) The occupier of any factory shall forthwithsend written notice to the nearest inspector when-ever it comes to his knowedge that any employee issuffering from lead or arsenical poisoning, and suchnotice shall state the name and address of theemployee.

(c)


(3) The Governor may, by regulations

(a) require employees in a factory where leadarsenic, or other poisonous substance isused, to be examined at such intervals asmay be prescribed by the Commissioner ofPublic Health or some duly qualified medi-cal practitioner appointed by him, who shallhave power to order suspension from suchemployment: Provided that such examina-tion shall be without charge to the occupieror employee;

(b) prohibit the employment of any person insuch factory after suspension without thesanction of a medical practitioner;

(c) require every employee to forthwith notifythe occupier as to any symptoms whichlead such employee to believe that he hascontracted poisoning of any kind, andrequire the occupier to record such notifica-tion in a health register to be kept at thefactory for that purpose;

(d) require the occupier of the factory toprovide and maintain sufficient and suitableoveralls and head-coverings, and cleanrespirators, and to cause them to be worn;and at the end of every day's work to becollected and kept in a suitable place setapart for the purpose, and to be thoroughlywashed every week, and those which havebeen used in the stoves to be washed daily;

(e) require the occupier to provide and main-tain, for the use of employees, suitableaccommodation for clothing put off duringworking hours, with adequate arrange-ments for drying the clothing if wet; thecloak-room to be separate from the meal-room;

(f) require the occupier to allow to each workerat least ten minutes, in addition to theregular meal time, for washing before eachmeal, and before the end of the day's work;


(g) require the meal-room, cloak-room, baths,and sanitary conveniences to be placedunder the charge of a responsible person,and to be kept clean;

(h) require the floors of the factory to becleaned daily, after being thoroughlydamped;

(i) require that no occupier shall permit anemployee to partake of a meal in and uponthe factory;

(j) require the occupier to provide for theemployees such suitable drink as may beprescribed as an antidote to poisons inhaledor ingested; and

(k) provide generally for any matters necessaryto give effect to this section.

76. If any person employed in or in connection Aalhealsttlitglywith any factory in the manufacture, handling, or rat.,:igtvii;delivery of any bread, meat, milk, confectionery, or of food

other article for human consumption, is in a state of riti 1920.

health which, in the opinion of the inspector, is 194E4 reprint,

likely to convey germs of disease or other contamina- 19 .186 reprint,

tion to any of the said articles, the inspector shallforthwith report the same to the Commissioner ofPublic Health.

(1) The inspector shall serve upon the personsso employed, either personally or by postingthe same addressed to him at the factory, anotice requiring him to submit himself forexamination to a registered medical practi-tioner.

(2) The inspector shall serve a copy of suchnotice upon the occupier of the factory.

(3) Immediately upon the service of such noticethe person so employed shall cease to doany work in the factory until he hasproduced to the inspector a certificate froma registered medical practitioner that hisstate of health is not likely to convey germsof disease or other contamination to anyarticles of food.


(4) If the person so employed does any work inor about such factory after service of thesaid notice upon him without first obtainingthe said certificate, he commits a breach ofthis Act.

(5) If the occupier of the factory, after serviceupon him of the said notice, employs suchperson before such person has obtained thesaid certificate, he commits a breach of thisAct.

(6) The cost of any certificate from a medicalpractitioner under this section shall, if theperson employed has been in the employ-ment of the occupier for a period longerthan one month, be borne by the occupier.

MAMIElee 77. (1) If in any building, yard, or place adjoin-adjoiningre.factory

movedto be ing a factory there exists any nuisance or other

No. 44 of 1920, sanitary defect which, in the opinion of the inspector,X93

'reprint, reprint, is likely to injuriously affect the proper sanitation

s. 78. of the factory or the health of the persons employed1948 reprint,5. 77. therein, he may, by requisition to the owner or the

occupier of such building, yard, or place, requirehim to effectually abate such nuisance or amendsuch defect within such reasonable time as may benamed in the requisition.

(2) The liability of such owner or occupier for anybreach of this section shall be irrespective of hisliability under any other Act, so that he is notprosecuted twice for the same offence.

to check 78. In order to check the risk of disease beingspreaede

PrOV161012/3

ol; spread by infection or contagion, the following provi-icrgnettigan" sion shall apply:—No. 44 of 1920,

81.1939 reprint,s. 79.1948 reprint,s 78.

(1) It shall not be lawful to manufacture orwork up goods or materials, or to receivethem for any such purpose in any factory

(a) wherein, to the knowledge of theoccupier of such factory, thereresides any person suffering from anyinfectious or contagious disease; or


(b) wherein any such person has soresided at any time during theprevious fourteen days, unless anduntil such portion of the factory andsuch goods and materials therein asthe inspector may deem necessary,have been disinfected to the satisfac-tion of the inspector.

(2) If any such goods or materials are found tobe or to have been in any factory in breachof this section the inspector may cause themto be seized, removed, and disinfected at theexpense in all things of the owner; and, onthe summary application of the inspector,any two justices of the peace may orderthem to be destroyed by the inspector atthe expense in all things of the owner.

(3) All expenses for which the owner is liableunder this section shall be recoverable in asummary way, in like manner as in the caseof a penalty.

79. For the better prevention of fires, and of Rules to pre-vent awl-accidents resulting from fires, the following rules dente fromfire.shall be observed in every factory in which more No. 44 of 1920

than fifteen persons are employed:— e.83;amended byNo. 54 of1937, e. 26.

(1) Efficient fire-escapes shall be provided for 1939 reprint,e. 80.

every workroom on any floor above the 1948 reprint,8.ground floor. 79.

(2) The plan and system of fire-escape may beprescribed by regulations and, in so far asno such regulation is made, the inspector,if not satisfied with the plan or systemadopted, may by requisition to the occupierdirect another specified plan or system tobe provided.

(3) Every door, whether internal or external,shall, when an inspector so requires, behung so as to open outwards.


(4) At all times while persons are actuallyworking in a room, every door of the room,or of any passage or staircase leading to theroom, or serving as means of entrance to orexist from the room, shall be kept clearand unfastened, so as to admit of quick andeasy egress.

(5) The provisions of the last two precedingsubsections shall apply also to the outer orentrance door by which the personsemployed in the factory usually enter orleave, whether such door belongs to thefactory or not.

(6) Staircases and steps leading from one doorto another, or to the ground, shall beprovided with substantial hand-rails, andshall also, if the inspector by requisition tothe occupier so directs, be provided withslats or some other sufficient appliance toprevent slipping.

(7) If the inspector considers any stairway orpassage to be so steep, narrow, winding,intricate, insecure, or otherwise defective asto be unsafe, he may, by requisition to theoccupier, direct the defect to be remedied.

(8) Reasonably efficient means for extinguish-ing fires shall be provided by the occupier.

Inserted byNo. 54 of1937. s. 28.

Provided that, where in any building more thanone factory is carried on, and any of such factoriesare carried on upon floors above the ground floor,and the aggregate number of persons engaged insuch last-mentioned factories exceeds fifteen, thennotwithstanding that there may be less than fifteenpersons engaged in each or any of such factories,the owner of the building shall provide an efficientfire-escape from each of those floors above the groundfloor upon which any of the said factories are carriedon; and such fire-escape shall conform in all respectswith the provisions of the preceding paragraphs (2)to (8) inclusive.


80. The occupier of a factory who intends to alter Alteration ofbuilding:A

or extend any building used for the purpose of a No.44 of laam;factory shall at least seven days prior to the coin- nded by.

mencement of such alterations send to the Chief r9V.tl.Inspector a notice in writing of his intention to alter 1939 rePraa. 81.or extend such building. He shall also at the same 1948 reprint,

e. 80time deliver to the Chief Inspector a plan and speci-fication showing in detail the nature and extent ofthe proposed alterations and extensions.

81. If, in the opinion of the Chief Inspector, it acyugerwould be dangerous to permit the employment of required

any persons in any factory premises or part thereof, In induring the progress of any structural alterations or =ligadditions thereto, he may, by notice in the prescribed stru=tform, served on the occupier, require such occupier :To8.444 of 1920.to cease to employ any persons in the said factory 1939 reprint,or part thereof, during the progress of such altera- lsna28 reprint,tions or additions, or for such a period as may be a 81'specified in the notice.

Any occupier who fails to immediately complywith the requirements of a notice served as afore-said shall be liable on conviction to a penalty notexceeding fifty pounds.

82. (1) The occupier of a factory shall send z=tf.written notice to the nearest inspector when an ti44 aato.accident occurs therein which is caused otherwise 85.than by a boiler or machinery subject to the Inspec- ;98:93.rePrint'tion of Machinery Act, 1921-1947, and which—

1948 reprint,82

(a) causes loss of life to an employee; or

(b) incapacitates an employee for work formore than twenty-four hours.

(2) Such notice shall

(a) in case of death be sent forthwith there-after; and

(b) in case of such incapacity be sent immedi-ately after the expiration of such twenty-four hours;


(c) state the nature and extent of the injury,as the case may be, and the residence ofthe person killed or injured, or the place towhich he has been removed.

Penalty: Five pounds.

Inspector toinquire andreport.No. 44 of 1920, (a) shall immediately on receiving notice,s.1939 reprint, proceed to the factory and inquire into the8.89. cause of such accident;

(b) may question the occupier and all personsemployed in such factory, and shallimmediately thereafter report to the ChiefInspector.

Minister 84. (1) When any such accident as aforesaid hasmay directinquiry happened in a factory, the Minister may direct anbeforemagistrate, inquiry to be held before a police or resident magis-No. 44 of 1920,s. 87. trate and some other persons appointed by the1.a19393 eprint, Minister.1948 reprint,a. 84.

(3) With respect to the summoning and attend-ance of witnesses at or upon such inquiry, and theexamination of such witnesses upon oath, every suchmagistrate shall have all the powers which he wouldhave or might exercise in any case within hisordinary jurisdiction under the Justices Act, 1902-1942.

Fencing of 85. When an inspector considers that in a factorydangerousreceptacles a vat pan, or other receptac le which is used in theon requisi-gr oftor. process or handicraft carried on in such factoryNo. 44 of 1920, is so dangerous by reason of its being filled with hot19 39 re asse

print,. liquid or molten metal or otherwise to be likely1939

s. 86. to be a cause of bodily injury to any person employed1948 reprint,a. 85.

83. The inspector

1948 reprint,B. 83.

(2) The magistrate and such person shall havepower to hold such inquiry at such times and placesas the magistrate appoints, and shall report on thecause of such accident to the Minister.


in the factory, he shall serve on the occupier of thefactory a notice requiring him to fence and keepfenced such vat, pan, or other receptacle securelyand to the satisfaction of an inspector.

86. If in any factory or shop any person is forrequired to move any heated liquid from one place licit"to another, the occupier or shopkeeper shall provide i':.11944. 192°'sufficient suitable receptacles for the purpose to the ,11. reprint,

satisfaction of the inspector. 1948 reprint,8. 88.

87. In every factory where power drivenmachinery is used in any process whatsoever, andin every factory where ten or more persons areemployed, the occupier shall, if required by aninspector, provide and keep, in a suitable case orlocker placed in a position approved by the inspector,such supply of lint, bandages and antiseptic dress-ing for use in cases of accident as the inspector maydeem necessary.

Bandages,etc., for usein case ofaccident tobe kept oilrequisitionof inspector.No. 44 of 1920,s. 90.1939 reprint,a. 88.1948 reprint,8. 87.

88. In every factory where power driven 2egvevemachinery is used the occupier shall cause to be kept sestet engine'clear such space in the vicinity of an engine, :709144 of 1920,machine, or machinery therein as, in the opinion of 1939 reprint,the inspector, is necessary to enable any person to n1.4898 reprint,work at, attend to, or clean the same without risk 8.88.or injury to himself or any other person.

89. At every inquest or inquiry held in connectionwith any fatal or other accident which has occurredin any factory (other than an accident caused by aboiler or machinery to which the Inspection ofMachinery Act, 1921-1947, applies), any inspectorappointed under this Act may attend and examinewitnesses.

Inspectormay attendinquests andinquiries.No. 44 of 1920,8.92.1939 reprint,8.90.1948 reprint,8. 89.


PART VII.-SPECIAL PROVISIONS FOR CERTAINTRADES.

Magistrate 90. When, by reason of any offence against thismay directg ?IIgras r to° Act, a factory is not kept in accordance with thissecure com- Act, the police or resident magistrate, in addition topliance withAct. or instead of inflicting a penalty, may order certainNo. 44 of 1920,. . means to be adopted by the occupier within some

amended byNo. 54 of time to be named in the order for the purpose of1937, s. 28.1939 reprint, bringing his factory into conformity with this Act,

91. and may, upon application, enlarge the time so1948 repr int,S. N. named; and if after the expiration of the time

originally named, or enlarged upon subsequentapplication, the order is not complied with, or thefactory closed, the occupier shall be liable to a dailypenalty not exceeding five pounds.

The form-trade. 91 . No person shall sell or expose for sale or haveture Stamping in his possession for sale any furniture other thanfurniture.No. 44 of 1920, second-hand furniture unless the same is stamped

in the prescribed manner. For the purposes of this8. 94; d dvi=aleand section "second-hand furniture" means furniturenew section)by No. 54 of which when purchased by any person for his own/937, s. 29.1939 reprint, use and not for resale has been used by such persons. 92. erson.1948 reprint, prior to a subsequent sale to some other p3 91.

Manner of 92. (1) Such stamp shall set forth legibly orstampingfurniture. clearly the manufacturer's true name, or registeredNo. 44 of 1920,s. 95. trade mark, and the address of the place in which1939 reprint,. 93. such furniture was manufactured or prepared. If

1948 reprint such furniture was only partly manufactured ors. 92.prepared by such manufacturer the words "partlyprepared by" shall be stamped above such manufac-turer's name and address or trade mark.

(2) Such stamp shall be placed on some part ofsuch furniture and on each movable part thereofwhere it can be clearly and easily seen and readupon examining such furniture.

(3) Where the manufacture or preparation hasbeen effected solely by European labour such stampshall also set forth in legible type the words "Euro-pean labour only."


(4) Where the manufacture or preparation hasbeen effected solely or partly by the labour of anyAsiatic employee such stamp shall also set forthin legible type the words "Asiatic labour."

(5) "European labour" means the labour ofpersons who are entirely of European race or descent.

(6) In the case of imported furniture the stampshall also set forth in legible type the words"imported furniture."

(7) Any person who, for the purpose of contra-vening or evading any provision of this part of thisAct removes, defaces, or otherwise seeks to obliterateor obscure any stamp which has been placed on anyfurniture pursuant to this section commits anoffence.


93. Every occupier of a factory or shop and theagents or servants of such occupier shall, wheneverso required by an inspector, point out to such inspec-tor where any article of furniture in such factoryor shop is stamped in accordance with the provisionsof this Act.

Stamps to bepointed outto inspectors.No. 44 of 1920,s. 96.1939 reprint,s. 94.1948 reprint,s. 93.

94. Every person who sells or offers or exposes or gClitgoiorhas in his possession for sale, or agrees to sell, or tagtampeddelivers after sale, or lets on hire any furniture which firth=d.is required by this Act to be stamped, and is not No. 44 of 1920,duly stamped in accordance with this Act, commits /nre_ded by

No. 54 ofan offence against this Act. 1937, 2.30.1939 reprint,1s95.948 reprint,s. 94.

95. (1) No laundry, in which the only persons ,Caertag esemployed are— partly ex-

cluded fromoperation

(a) inmates of any reformatory or industrialONfoALtof 1920,

school, or of any other institution for the S-time being subject to inspection under any Ist Lirepithit.

reprint,rep/948Act other than this Act; or s. 95.


(b) inmates of an institution conducted in goodfaith for religious or charitable purposes,

shall be deemed to be a factory within the meaningof this Act.

(2) Notwithstanding anything contained in thissection, the provisions of sections twenty-eight(excepting paragraphs (c) and (d)), thirty-one,thirty-two, and sixty-four of this Act, and subsection(1) of section thirty-one (except that part of sub-section (1) which relates to the payment of personsfor extended hours of employment), shall apply toevery reformatory, industrial school, and institutionconducted for religious or charitable purposes, andevery inspector may enter any such institution atall reasonable hours for the purpose of seeing thatthe provisions of such sections are complied with.

Act extends 96. This Act shall extend as well to factoriesto factoriesconducted by carried on or conducted by the Government of thisGovernmentor local State or by any local authority as to factories other-authority.No. 44 of 1920. wise carried on or conducted.s. 99.1939 reprint.s. 97.1948 reprint,s. 96. PART VIII.-THE CLOSING OF SHOPS.

Saving of 97. The repeal by this Act of the Early Closingexisting pro-clamations, Act, 1902, shall not affect any proclamation, orderetc.No. 44 of 1920, by the Governor, choice lawfully made by any shop-s. 100.1939 reprint, keeper, or resolution duly carried and published ins. 98. the Gazette, relating to the days on which the closing1948 reprints. 97. time, as prescribed, shall have effect; but every such

proclamation, order, choice, and resolution shallcontinue in operation in those portions of the Statethat were districts under the repealed Act as ifmade and carried under the provisions of this Partof this Act.

Shopdistricts.No. 44 of 1920,s. 101;amended byNo. 4 of1922, s. 7.1939 reprint,E. 99;amended byNo. 41 of1947, a 2.1948 reprint,s. 98.

98. (1) The Governor may by proclamation con-stitute any defined portion of the State a shopdistrict for the purposes of this Act, and specify theboundaries of such district, and may in like manner(subject as hereinafter provided) abolish or alterthe boundaries of any district, and may assign aname to, or change the name of, any district.


(2) The Metropolitan Shop District, consisting ofthe following electoral provinces, namely, theMetropolitan Province, the Metropolitan-SuburbanProvince, and the West Province, and the shopdistrict which comprises the Kalgoorlie, Boulder,Brown Hill-Ivanhoe, and Hannans electoral dis-tricts, shall be deemed to have been established byproclamation under this Act, but the Governor shallhave no power to abolish such districts.

(3) If any district is abolished by proclamation,the abolition shall not of itself abrogate any choiceor proclamation or resolution of electors theretoforemade, issued, or carried under any of the succeedingprovisions of this Act and in force at the time of theabolition, and no proclamation constituting orabolishing any district shall of itself render anyarea subject to any choice or proclamation or resolu-tion of electors made, issued or carried under anyof the said provisions.

*99. (1) Subject as hereinafter provided, theclosing time for all shops (except those mentionedin the Fourth Schedule and except registered smallshops) shall be in every week

On one week day, one o'clock;

On the five other week days, six o'clock;

and all shops (except as aforesaid) shall be closedon those days not later than the hours mentionedabove, which shall be the hours after noon in eachday, and shall continue closed until eight o'clock,or such earlier hour as may from time to time befixed by proclamation (in respect either of all shopsaffected or of any class or classes of such shops) inthe morning of the week day next following.

(2) Subject to this Act the day on which all shopsaffected by this section shall close at one o'clockshall be Saturday:

• The amendments made in this section by the Act, No. 9 of 1922, have effect,by virtue of section 12 thereof, as from the commencement of theprincipal Act.

Closingtimes.No. 94 of 1920,s. 102;amended byNo. 9 of1922, s. 8.1939 reprint,a. 100.1998 reprint,2. 99.

Days onwhich shopsto close atone.


Provided that the Governor may, by proclamation,at any time and from time to time, on the petition(according to the form in the Sixth Schedule) ofthe majority of the keepers of such shops in anydistrict, or specified locality not within a district,substitute in that district or locality for Saturdayany other week day, and may at any time on thelike petition revoke any such substitution:

Provided further, that in any specified district orlocality in respect of which any day other thanSaturday has been fixed by proclamation as the dayon which the closing time for shops generallyshall be one o'clock after noon, any shopkeeper mayby choice made as hereinafter set out decide to closeany such shop kept by him at one o'clock after noonon Saturday, and he shall be entitled to keep suchshop open until six o'clock on the day so fixed byproclamation for closing at one o'clock, and shall bebound to close such shop at one o'clock on Saturday.

(3) The choice of the shopkeeper shall be madeby sending to the Chief Inspector a notice in theform of the Fifth Schedule.

Change ofchoice.

Amended byNo. 4 of1922, s. 8.

(4) When a shopkeeper has made any such choicein respect of any shop, he shall not (unless aproclamation affecting the shop has been subse-quently issued hereunder) make another choice inrespect of such shop until after the expiration ofthree calendar months from the day when theformer choice was made.

(5) Notwithstanding any of the preceding provi-sions of this section, or section one hundred andfour, it shall be lawful for shops to which this sectionapplies, excepting those in the Metropolitan ShopDistrict, and the shop district which comprises theKalgoorlie, Boulder, Brown Hill-Ivanhoe, andHannans electoral districts, to remain open untilnine o'clock on one evening in the week, subject tothe following provisions, that is to say:

(a) The Governor may from time to time byproclamation, issued on the petition of amajority of the shopkeepers affected,

Choice ofshopkeeper.


determine the day on which such shopsshall so remain open in each week for anydistrict or specified locality not within adistrict; but in the absence of such deter-mination the day shall be Friday:

Provided that no shop which is requiredto close at one o'clock in the afternoon ofany particular day shall be opened or keptopen after that hour on that day by virtueof anything in this subsection, and thatwhilst any affirmative resolution undersection one hundred and four is in force inany district the day (if any) on which shopsmay be kept open till nine o'clock in theevening in that district under this subsec-tion shall be Saturday, and that whilst anynegative resolution under that section is inforce in the district such day shall not beSaturday.

(b) Subject as hereinafter provided, theMinister may at any time, and shall when-ever he has received a petition for a pollhereunder signed by one-tenth of theelectors, order a poll of electors to be takenin any district on the question

"Do you vote that there shall be a lateshopping night in this district?"

and the voting papers at such poll placeshall be in the prescribed form.

(c) No such poll shall be taken in any districtwithin two years of the time when aprevious poll hereunder was taken therein,and every resolution of the electors on thesubmission of such question hereunder shallremain in force for at least two years anduntil a contrary resolution is carried.

(d) Whilst any negative resolution on suchquestions is in force in any district, thepermission to remain open till nine o'clockhereinbef ore granted shall be deemed to besuspended therein.


(e) Subject to this subsection, the provisions ofsection one hundred and four of this Actshall, so far as applicable, apply, mutatismutandis, to and in respect of polls andresolutions hereunder.

Hours ofclosing ofshops for thesale of motorspirit, oil,oraccessories.Inserted ass. 102A byAct No. 4 of1922, s. 18,1939 reprint,s. 101.Repealedand newsectioninserted byNo. 26 of1939, s. 2.Amended byNo. 47 of1948, s. 2.Renumbereds. 100 in1947 reprint.


100. (1) Notwithstanding anything contained inany other section of this Act, the following provisionsshall govern the opening and closing of all shops forthe sale of

petrol, benzine, or other motor spirit; or motoroil; or

motor accessories—

that is to say,

(a) each and every such shop shall be closedand kept dosed, except between the hourshereinafter specified, namely:—

(0 On one week day, being the day uponwhich such shop is required by sub-section (2) of section ninety-nine ofthis Act to close at one o'clock in theafternoon—between the hours ofseven o'clock in the morning and oneo'clock in the afternoon, except wheresuch day is observed as a publicholiday;

00 on the other five week days—betweenthe hours of seven o'clock in themorning and six o'clock in the even-ing, except on any day which isobserved as a public holiday.

(b) On Sundays and days observed as publicholidays such shops shall be closed and keptclosed; provided that when and as often asa public holiday, other than Christmas Dayor Anzac Day, is observed as a public holi-day on a Monday, such shops may beopened and kept open between the hours ofseven o'clock and ten o'clock in the morn-ing of such Monday. In the event of


Christmas Day falling on a Monday, shopsmay open between the hours of seveno'clock and ten o'clock in the morning onBoxing Day.

(c) The public holidays referred to in this 1.1.0. 47 "3'section shall be such days as may from time 1946, S. 2

to time be specified as holidays in an awardor industrial agreement in force under theIndustrial Arbitration Act, 1912-1941,relating to the hours of employment inmotor service stations. Provided thatnothing in this subsection shall renderunlawful the opening of a shop for the pur-pose only of the sale of petrol, benzine,motor spirit, motor oil, or other accessories,to a person who satisfies the shopkeeper orperson acting, or apparently acting, in themanagement of the shop, that such sale isnecessary to enable him to continue a jour-ney which commenced not less than twentymiles from such shop, or to commence ajourney of not less than ten miles from hishome or other starting point.

(2) Any shopkeeper or person acting or appar-ently acting in the management of any such shop ;todiZtiendgwho sells or permits to be sold from such shop at often ena time when such shop is required to be closed as inserted by

aforesaid any petrol, benzine, or other motor spirit /03.4

or motor oil or motor accessories shall be guilty ofan offence against this Act:


Provided that, if a sale of petrol, benzine, or othermotor spirit or of motor oil or of motor accessoriesto any traveller in a case of emergency (which suchtraveller could not reasonably have been expectedto foresee) for the purpose of enabling him to under-take or continue any journey in a motor vehicletakes place from any shop at any time when suchshop should, pursuant to the last preceding subsec-tion be closed, that sale or the opening of such shopfor the purpose only of that sale shall not be deemedto constitute an offence, if before the sale takes


place the traveller purchasing such motor spirit, oil,or accessories supplies to the shopkeeper or personacting or apparently acting in the management ofthe shop the following information and verifies thesame by subscribing his name in the book kept bythe shopkeeper pursuant to this section

the registered number under the Traffic Act,1919-1947, and make of motor vehicle for whichsuch motor spirit, oil, or accessories are pur-chased;

the date and time of the purchase;

the name and address of the registered ownerof the motor vehicle; and

the name of the person driving and the destina-tion of the driver, the reasons for the purchaseof such motor spirit, oil, or accessories, and thecircumstances claimed to constitute the caseof emergency aforesaid.

(3) Every shopkeeper of every shop shall keep abook in the prescribed form in which informationsupplied as aforesaid shall be entered and shallretain such book in his possession for a period ofthree months after such book is completed.

(4) Any such shopkeeper who fails to comply withthe provisions of the last preceding subsection shallbe liable to a penalty of not more than twentypounds.


Inserted byNo. 28 of1939, B. 2.

Inserted byNo. 28 of1939, s. 2,

(5) Any traveller who subscribes his name to anyinformation entered as aforesaid in any such bookshall, if such information is false in any particular,be liable to a penalty of not more than twentypounds.

(6) For the purposes of this section

"motor accessories" includes spare parts formotor vehicles;

"motor vehicle" means a motor vehicle withinthe meaning of the Traffic Act, 1919-1947;

Interpreta-tion.Inserted byNo. 28 of/939, B. 2."Motoraccessories."

"Motorvehicle."


"shop" (in addition to its general meaningunder this Act) includes any place orpremises on or in which a pump for supply-ing petrol, benzine, or other motor spiritis installed, as well as such pump itself.

Saving.Inserted byNo. 26 of1939, s. 2.

(7) Nothing in the foregoing provisions of thissection shall be deemed to render unlawful

(a) the opening at any time of any shop orpremises at which motor cars are garagedfor the purpose only of the egress or ingressof motor vehicles from or to such shops orpremises; or

(b) the maintaining in any shop or on anypremises of a parking place for motorvehicles, if all goods or articles offered forsale therein or thereon are securelyscreened or partitioned from access in theprescribed manner, and all pumps thereinor thereon for the sale of petrol, benzine,or other motor spirit are kept securelylocked during all hours when such shop orpremises are required by this Act to beclosed; or

(c) the maintenance and use of a towing orbreakdown service for the purpose of towingor repairing any motor vehicle which is dis-abled and unable to continue the journeyon which it is proceeding, and the accom-modating of such vehicle in any such shopor premises; or

(d) any assistance (including the supply ofmotor spirit and motor accessories) ren-dered by the Royal Automobile Club of W.A.(Incorporated) or its servants to a memberin any emergency for the purpose of enab-ling the motor vehicle of the member tocontinue the journey on which it is proceed-ing.

[3] 94642


Closing time

amended by

for smallshops.No. 44 of 1920,8. 103;

being shops mentioned in the Fourth Schedule) shallbe, in every week

101. (1) The closing time for small shops (not

No. 4 ofOn one week day, one o'clock;1922, 5. 9,

and byNo. 54 of1937, 9.31. On the other five week days, eight o'clock;1939 reprint,8. 102.1948 reprint, and all such shops shall close on those days not laters. 101.

than the hours above mentioned, which shall be thehours after the hour of noon in each day, and shallcontinue closed until seven o'clock in the morningof the week day next following:

Amended byNo. 4 of1922, a. 9.

Amended(repeal andnew as.) byNo. 54 of1937, 8. 31.

Definition of"smallshops:,

Provided that in any district or specified localityin which it is lawful for shops to remain open tillnine o'clock on one evening in the week, pursuantto subsection five of section ninety-nine, it shall belawful for registered small shops to remain open tillthat hour on that evening.

(2) Where, as the result of a resolution carriedat a poll of electors under the provisions of sectionone hundred and four of this Act, a week day otherthan Saturday has been determined as the day uponwhich shops in the district shall close at one o'clockafter noon, the day upon which the small shopsaforesaid shall close at one o'clock after noon shallbe the day determined by such resolution as afore-said, or Saturday, according to the choice of theshopkeeper, to be made on registration as herein-after provided.

(3) When any such shop is or is to be closed duringthe whole of any week day set apart in any week asa bank holiday or public holiday, such shop may bekept open until eight o'clock in the evening of theday of such week on which the closing time is oneo'clock; and where such holiday as aforesaid isChristmas Day, such shop may also be kept openuntil ten o'clock in the evening of the week day nextpreceding.

(4) "Small shops" are those which are annuallyregistered as such in accordance with the regula-tions, and wherein only one assistant (whether paid


or unpaid) is engaged or employed, and the shop-keeper whereof and the assistant (if any) areregistered.

102. (1) The registration of a shop as a small Fotrashop, and of the keeper thereof, and of any assistant 8N1 lo° qa8:01 1920,therein, may be allowed in cases where the shop- amended bykeeper is a widow, or an old or physically disabled iri24no,person, or in cases of great hardship, or if the shop- r5b4yofkeeper is at the commencement of this Act registered 1937. 6. 32.

as the keeper of a small shop, and shall be at the 189absolute discretion of the Chief Inspector.

901 rint,

1948 reprint,s 102.

(2) No person shall be registered or employed asan assistant in a small shop unless such person isthe husband, wife, child, stepchild, grandchild,brother, sister, nephew, niece, grandparent, orparent of the shopkeeper and is not employed in anyother shop or in any factory.

(3) No person of Asiatic, African or Polynesianrace shall be registered as the keeper of, or anassistant in, a small shop:

Provided that this subsection shall not apply topersons of the Jewish race.

(4) In relation to small shops, the term shop-keeper shall not include the manager of a shop.

103. Every shopkeeper of a small shop who isassisted by or employs an unregistered assistantcommits a breach of this Act, and, on a second con-viction for such or any other offence against thisAct, his registration may be cancelled.

Penalty.No. 44 of1920, 6. 105.1939 reprint,s. 104.1948 reprint,s. 103.

*104. (1) In any district the Minister may order Poll ofelectors for

a poll of electors to be taken as hereinafter provided, alteration ofhalf -holiday.

and shall order such poll on receiving a petition in No. 44 ofamens1920, s. 106;writing signed by not less than one-tenth in number d by

o.19N 4

6.foof the duly registered electors who are entitled to 22, 11,

and bYvote at an election of a member of the Legislative No. 54 of1937, 33.Assembly in such district. 1939 r6.eprint

5. 105.•

1948The amendments made in subsections (4) and (6) of this section by the Act, reprint, 104.No. 4 of 1922, have effect, by virtue of section 12 thereof, as from the –

commencement of the principal Act.


Qualificationof electors.

Resolution.SeventhSchedule.Amended(repeal andnew es.) byNo. 54 of3937, s.33(a).

Effect ofaffirmativeanswer.Amended byNo. 4 of1922, s. 11,and byNo. 54 of1937, s. 33(b).

Effect on/small shops.Amended byNo. 54 of1937, s. 33(C).

(2) The electors qualified to vote shall be thosepersons who are resident in the district, and are atthe issue of the writ for the taking of the poll dulyregistered electors who would be entitled to vote atan election of a member of the Legislative Assembly,and each such elector shall have one vote.

(3) At every poll a resolution shall be submittedto the electors in the form of a question as follows:

Do you vote that shops generally throughoutthe district shall close at one o'clock on 9

Such question shall be completed by inserting in thespace left blank for the purpose the name of theweek day to be submitted to the vote of the electors,and the voting shall be according to the form in theSeventh Schedule.

(4) If in any district the question is answered inthe affirmative by a majority of the electors votingon the question, the resolution shall be deemed tobe carried, and after the publication of the resultin the Gazette, and (notwithstanding anything con-tained in subsections (1), (2), (3) or (4), but subjectto subsection (5) of section ninety-nine) until thequestion is again submitted and answered in thenegative the closing time for all shops (except thosementioned in the Fourth Schedule and except regis-tered small shops) throughout the district shall beone o'clock after noon on that day in every weekwhich has been determined by the voting at thesaid poll, and six o'clock after noon on all other weekdays, and all such shops shall close on those daysnot later than the hours above mentioned, and shallcontinue closed until eight o'clock or such earlierhour as may from time to time be fixed by proclama-tion (in respect either of all shops affected or of anyclass or classes of such shops) in the morning of theweek day next following.

(5) In any district in which such resolution hasbeen carried and is in force, the day on which regis-tered small shops shall close at one o'clock shall bethat day in every week so determined by suchresolution.


(6) If the question is answered in the negative by rerga majority of the electors voting on the question, answer.

the resolution shall be rejected and a negative reso- rAenpilution shall be deemed to be carried with the effect fez,v.'4%fbYthat after the publication of the result in the Gazette ' 922 ' 15. "-and (notwithstanding anything contained in sub- Noa edirloefd bsections (1), (2), (3), or (4), but subject to sub- !.117gd'?e).section (5), of section ninety-nine) until the questionis again submitted and answered in the affirmativethe closing time for all shops (except thosementioned in the Fourth Schedule and exceptregistered small shops) throughout the district shallbe one o'clock after noon on that day in every weekupon which immediately prior to the said poll beingtaken the closing time then in operation was oneo'clock after noon and six o'clock after noon on allother week days, and all such shops shall close onthose days not later than the hours above mentioned,and shall continue closed until eight o'clock or suchearlier hour as may from time to time be fixed byproclamation (in respect of all shops affected or ofany class or classes of such shops) in the morningof the week day next following, and the day on whichregistered small shops in the district shall close atone o'clock in the afternoon shall be that day inevery week upon which immediately prior to the saidpoll being taken the closing time then in operationwas one o'clock after noon.

(7) The result of every poll shall be notified in theGazette, and such notification shall be conclusiveevidence of the result and of the regularity of allantecedent proceedings and of due compliance withall necessary conditions.

(8) The Governor may at any time and from timeto time, subject as herein provided, by notice in theGazette, appoint the date for the taking of a pollhereunder.

(9) No poll shall be taken in and for any districtwithin two years of the taking of a previous polltherein and therefor, nor shall any place or area beaffected by any poll taken within two years of theprevious poll affecting such place or area.

Result ofpoll to begazetted.

Governor tofix date.

Intervalsbetweenpolls.


(10) At least fourteen days before the day fixedfor the taking of a poll the Governor shall appointa returning officer, and such deputy returningofficers as may be necessary, and shall, by his war-rant, direct the Clerk of the Writs to issue a writto the returning officer for the taking of the poll,and the writ shall be issued accordingly, and anabstract thereof shall be forthwith published in anewspaper circulating in the district, and such pollshall be taken as hereinafter provided, and theresult shall be certified by the returning officer tothe Minister.

(11) The method of taking and conducting thepoll and the manner of voting thereat shall be, sofar as practicable, in accordance with the provisionsof the Electoral Act, 1907-1940, which Act (includingthe penal provisions) shall, mutatis mutandis, applyin respect thereof accordingly; but no elector shallbe permitted to vote at any polling place outsidethe electoral district for which he is enrolled, andin applying such provisions references to the"Minister" shall be taken to mean the Ministeradministering this Act, and voting papers shall bemarked as prescribed thereon.

Regulations. (12) The Governor may make any regulationswhich may appear to him to be necessary for carry-ing out the provisions of this section

ReturningoMeer to beappointedand writissued.Amended byNo. 4 of1922, 6. 11.

Provisions asto takingpoll.Amended:repeal andnew as. byNo. 4 of1922, s. 11.

Chemists' 105. (1) The provisions of sections ninety-nineand drug-gists' shops' and one hundred and four shall apply to chemists'No. 44 of 1920,s. 107. and druggists' shops, subject to the following provi-nrprInt, sions:—1948 reprint,a. 105. (a) On any day when other shops subject to

those sections are required to close not laterthan six o'clock after noon, chemists' anddruggists' shops shall close at six o'clockafter noon.

(b) On Sundays and public holidays chemists'and druggists' shops may open at half-pastsix o'clock after noon and remain open tilleight o'clock after noon.


(c) On any day on which a chemist's or drug-gist's shop is required to close at one o'clockafter noon, it may be re-opened at half-pastsix o'clock, but shall be closed again ateight o'clock after noon:

Provided that the prescriptions of duly qualifiedmedical practitioners may be dispensed, and medi-cines and surgical appliances required in case ofnecessity may be supplied in a chemist's or druggist'sshop after the hours of closing applicable to suchshop.

(2) If in any prosecution against a keeper of achemist's or druggist's shop for a breach of this Act,the question shall arise whether any medicine orsurgical appliance proved to have been supplied wasso supplied in a case of necessity, the court shalldecide the question as one of fact after taking intoconsideration all the circumstances of the case.

(3) Subject as aforesaid, the provisions of this Actapplicable generally to shops mentioned in Part II.of the Fourth Schedule (except the provisionsrelating to half-holidays in exempted shops) shallapply to chemists' and druggists' shops.

(4) A public or private dispensary shall be deemedto be a chemist's shop within the meaning of thisAct.

106. The closing time for all shops mentioned in Shops.

Part I. of the Fourth Schedule, except confectioners, ?=lanevegetable, fruit, and milk shops shall be not later esilatred

than eight o'clock in the evening of every day except s oio:lit of 1920.

Saturday and the week days next preceding Me':.:11ridChristmas Day, New Year's Day, and Good Friday, lewl3Neestion)and every such shop, except bakers' shops and shops 1137,°S4.°1as hereinbefore mentioned, shall be kept closed until nueprint,six o'clock in the morning of the next following day, 189106 print,or such earlier hour in the morning of the nextfollowing day as may from time to time be fixed byproclamation: Provided that, in the case of bakers'shops, the same shall be kept closed during each


Sunday and also until the said hour of six o'clockin the morning of each day from Monday to Fridayinclusive, and until the hour of five o'clock in themorning of each Saturday or such earlier hour onsuch respective days as may be fixed by proclama-tion.

Provided further, that a shop kept mainly for thesale of confectionery, vegetables, fruit or milk shallnot be a bakers' shop within the meaning of thatterm as used in the next preceding proviso merelyfor the reason that bread, not made by the occupierof such shop is sold in such shop by the said occupier,and the next preceding proviso shall not apply tosuch shop.

The closing time on Saturday and the week daysnext preceding Christmas Day, New Year's Day, andGood Friday shall be not later than ten o'clock atnight.

The closing time for confectioners, vegetable,fruit and milk shops shall be not later than eleveno'clock in the evening of every day, and every suchshop shall be kept closed until six o'clock in themorning of the next following day, or such earlierhour in the morning of the next following day asmay from time to time be fixed by proclamation:Provided that railway bookstalls and newsagents'shops in the vicinity of country stations may openfor one half-hour before and after the arrival of amail train.

Closing timefor hair-dressers'shops.No. 44 of 1920,s. 109;amended byNo. 4 of1922, s. 13.Amended( repeal andnew Section,)by No. 54 of1937, e. 35.1939 reprint,s. 108.1948 reprint,A /07.

107. (1) The closing time for all hairdresser'sshops shall be not later than

(a) six o'clock in the evening of any day exceptSaturday and of the week day next preced-ing Christmas Day:

(b) ten o'clock in the evening of the week daynext preceding Christmas Day; and

(c) one o'clock in the afternoon of everySaturday;


and every such shop shall be kept closed until eighto'clock or such earlier hour as may from time totime be fixed by proclamation in the morning of theweek day next following:

Provided that

(i) when any public holiday is observed in anydistrict on a Monday every hairdresser'sshop may open at eight o'clock before noonand remain open until eleven o'clock beforenoon;

(ii) notwithstanding anything contained inthis section, the Governor may by pro-clamation authorise hairdressers' shops toremain open on any public holiday whichis not observed on a Monday during anyhours which may be specified in theproclamation, and may in like manner varyor rescind any such proclamation.

Subject to the foregoing proviso, every hair-dresser's shop shall remain closed during the wholeof any public holiday.

(2) In any district or specified locality in whichthe Governor has by proclamation under subsection(2) of section ninety nine substituted another dayfor Saturday, the day so substituted shall by forceof the proclamation be also substituted for "Satur-day" in paragraph (c) of this section, as regards thedistrict or locality affected.

(3) In any district or specified locality in whichit is lawful for shops to remain open till nine o'clockon one evening in the week, pursuant to subsection(5) of section ninety nine, it shall be lawful forhairdressers' shops to remain open till that hour onthat evening.

Provided that the foregoing provisions of thissection shall, whilst such resolution as is set out inthe Seventh Schedule is in force in any district, beread and have effect in such district so as to giveeffect to such resolution.


Penalties for 108. If any shop is not closed at the closing timenot closingshops. fixed, chosen, or deemed to be chosen, for such dayS!̀ 144. °r 1920' in respect of such shop by or under this Part of this.r3190glePrint Act, and kept closed in accordance with this Act,1948 reprint the shopkeeper shall be guilty of an offence againsts. 108.

this Act:

Provided that no such shopkeeper shall be guiltyof the said offence by reason only that within onehalf-hour after the said closing time goods havebeen offered or sold to customers, or customers havebeen attended to, who at the said closing time werein the shop being served or attended to, or waitingto be served or attended to.

Where a shop 109. A shop shall be deemed not to be closeddeemed shop be closed. within the meaning of this Act if it is not locked orNo. 44 of 1920,s. 111. otherwise effectually closed against the admission;913,190r.eprint, of the public, but where a shop and a factory have1948 reprint, a common entrance, it shall be sufficient for thes. /09.

purposes of this Act if such entrance is closed butnot locked.

Canvassing 110. (1) No shopkeeper and no shop assistantor deliveringgoods after shall, within an area comprised within a radius ofhoursforbidden. two miles from the shop in which he is engaged,No. 44 of 1920,s. 112. canvass for orders or deliver goods to customers for1939 reprint, more than one half-hour after the closing time fixed8.111.1948 reprint, under this Act as the closing time for shopsa. 110.

generally.

(2) The shopkeeper and the shop assistant shallbe severally liable for any offence against thissection.

Closing of 111. (1) If in any exempted shop any article notexemptedshops Cant being an article appropriate to any description ofMg on othertrades. exempted shop, is on any day sold or offered orNo 44 of 1920,s. 113. exposed for sale, such shop shall, after the general

11 .9N2re. Print time of closing of shops in that district or locality,1948 reprint, be deemed not to be an exempted shop, and the5.111. -

provisions of this Act shall apply thereto accord-ingly.


(2) "Exempted shop" means a shop of a descrip-tion mentioned in the Fourth Schedule.

(3) An article shall not be deemed to beappropriate to any description of shop, unless thesale of that class of article

(a) strictly forms part of the business of shopsof that description; or

(b) has been expressly authorised by pro-clamation in shops of that description.

112. (1) If in any shop any trade or business is trel=ng"carried on, or any goods are dealt in of such :1,2„svinngdescriptions or kinds as would under the provisions ;airof this Act necessitate such shop being closed during 8/11.1444 of 1920,

certain hours, then such shop shall be closed for all No e590Y by

purposes during such hours. 1937. a. 35.1939 reprint,a. 113.1948 reprint,s. 112.

(2) Subject as hereinafter provided, the Chief Irvc,..,.Inspector may, whenever he shall think fit, suspend to any shup.

the provisions of section one hundred and elevenand of subsection (1) of this section, in any shop, tosuch extent and subject to such conditions as mayappear desirable, and such suspension may beat any time revoked by notice under the ChiefInspector's hand served on the shopkeeper.

No such suspension shall authorise the sale, inthe shop of any goods not appropriate to thatdescription of shop, at any time when shops towhich such goods are appropriate are required to beclosed.

No such suspension shall be granted or allowedto continue unless the Chief Inspector is satisfiedthat the shopkeeper has provided and will maintaina substantial partition of the prescribed description,which will be kept locked (with the key removed).

(3) Nothing in this or the last preceding sectionshall affect any special right of dispensing theprescriptions of medical practitioners or supplyingmedical or surgical appliances in cases of necessity


given to keepers of chemists' or druggists' shopsunder any other section of this Act, but with thisexception, the provisions of subsection (1) of thisand of the last preceding section shall have effectwith regard to any chemists' or druggists' shop towhich they are for the time being applicable.

Effeardct ofunde 113. (1) When, in accordance with or as a resultaward

Zr=,' of any award of the court under the IndustrialAct. Arbitration Act, 1912-1941, or of any registeredsN0

11445.of 1920, industrial agreement which has been made a

91.9zeprint, common rule, the shop assistants employed in the119183 sprint, sale of goods in any shop, or in the principal or one

of the principal departments of any shop, arerequired to cease work on any day at an hour earlierthan that fixed or determined by or under this Actas the closing time for such shop, then the shopshall close on that day not later than the hour fixedfor the cessation of work under the said award orindustrial agreement, and shall continue closeduntil the time fixed or determined by or under thisAct for the next opening of such shop.

(2) This section shall not apply to any shop of adescription mentioned in Part IL of the FourthSchedule.

Prohibitionauction 114. (1) Notwithstanding anything containedof

salsa dung in any other Act, it shall not be lawful to sell bye hours. auction any goods of the class or description usuallyNo. 44 of 1920,s. 116. sold by retail in shops during the hours when such193

1915r

.eprint, hops are required to be closed under this Act. Any0

159. 41114/Leprint,

(2) Provided that this section shall not apply tosales by auction of cereals, hay or chaff, or ofsecond-hand furniture and household effectsconducted in any dwelling-house.

person who acts in contravention of this section,and any employer of such person, shall each of thembe guilty of an offence against this Act.


115. (1) During every Christmas Day, New Holidays.

Year's Day, Good Friday, Anzac Day, and Easter 11.01111c41920.Monday, and any other day that the Governor may, by

by proclamation, declare to be a public holiday to be ;992239,r8ep1r4int,observed under this Act, all shops (except those em ended;inne—ded by

mentioned in the Fourth Schedule and registered 79°Z.°1.small shops and warehouses) shall be closed: 1948 reprint,

8. 115.

Provided that if the operation of any suchproclamation is restricted to any portion of the State,this section shall, as regards such proclamation,have effect only in that portion of the State to whichthe proclamation extends.

(2) In addition to the holidays mentioned in rostelsubsection (1) of this section, the shopkeeper shall 1946.8.7•

allow to each shop assistant such period of annualleave (if any) with payment of such shop assistant'sordinary wages as is required to be allowed by anemployer to a worker under and subject to the provi-sions of the Award for the time being in force underthe Industrial Arbitration Act, 1912-1941, governingthe employment of shop assistants in the Metropoli-tan Area of Perth in the circumstances and uponand subject to the terms and conditions thereinprescribed: Provided that for the purposes of thissubsection any reference in such award to a casualworker shall be deemed to be a reference to a shopassistant who is employed by the same shopkeeperfor less than six consecutive working days.

116. Every shopkeeper shall allow to each shop MYITaetigZir_assistant employed in the shop, or about the business riiifietzginiughof the shop, payment for non-attendance at the shop Inserted ascaused by the shop assistant's personal ill-health for WI„tobfyone half-day for each completed month of service: 11r648 reitint

s. 118

Provided that

(a) liability under this section for payment forsuch non-attendance caused by suchill-health shall be limited to six days in eachcalendar year;


(b) this section shall not apply in any casewhere the shop assistant is, in respect ofany such non-attendance, entitled to com-pensation under the Workers' CompensationAct, 1912-1944; nor where such non-attend-ance arises out of the shop assistant's ownwilful default; and

(c) no shop assistant shall be entitled to benefitunder this section unless and until heproduces to the shopkeeper satisfactoryproof of his sickness causing the non-attendance, but the shopkeeper shall not beentitled to production of a certificate underthe hand of a duly qualified medicalpractitioner certifying to such sicknessunless the non-attendance extends over atleast three days.

Goods which 117. Notwithstanding anything contained in thismay be sold

open Part of this Act to the contrary, it shall be lawfulin markets.No. 44 of 1920, for any person, with the authority and consent of

18. the local authority, to sell, expose, or offer for sale,s. 11939 reprint,s. 117. from any stall or vehicle at an open market con-1948 reprint,s. 117. ducted in a street between the hours of five o'clock

and eleven o'clock in the morning of any week-day,any of the undermentioned goods, that is to say

(a) home-made jams and preserves;(b) honey;(c) butter (other than factory butter) and eggs;(d) hams and bacon, not being factory-made

hams or bacon.

Employmentof assistantsafter closingtimes.No. 44 of 1920,6. 119;amended byNo. 41 of1923, s. 3.1939 and 1948reprints,s. 118.

PART IX.-PROVISIONS RELATING TO EMPLOYMENTOF ASSISTANTS IN SHOPS.

118. (1) Except as in this section provided, noshop assistant shall be employed in any shop orabout the business of any shop, not being a shop ofa description mentioned in the Fourth Schedule,after the expiry of one half-hour from the time fixedor determined by or under this Act for the closingof such shop until the time so fixed or determinedfor the next opening of such shop:


InsertedNo. 60 of1946, s. 8.


Provided that subject to the following provisionsof this Act the shopkeeper may employ any shopassistant on each of any number of days not beingdays on which the shop is required to be closed atone o'clock (or any public holiday) not exceedingtwelve in any half-year for an additional period notexceeding two and a-half hours after the expiry ofsuch half-hour.

(2) Every assistant before being employed for anyperiod pursuant to the proviso to subsection one,shall be allowed by the shopkeeper one hour forrefreshment, but that hour shall not be reckoned aspart of the said period.

(3) Nothing in this section shall extend the timeduring which the shop may be kept open.

119. (1) Within twenty-four hours after the Notice to begiven of

commencement of the employment of a • shop employmentof assistants

assistant, pursuant to the proviso to subsection (1) for extendedtim e.

of section one hundred and eighteen the shopkeeper No 44 of 1920.S. 120.shall give to the Chief Inspector the prescribed 1939 and 1948

written notice of having availed himself of the provi-sions of such section, such notice shall specify thenames of the shop assistants so employed and theperiod of such employment.

(2) The shopkeeper shall, prior to the commence-ment of such employment, post in a conspicuousposition in the shop, so as to be easily visible andaccessible to all shop assistants, a true copy of thenotice referred to in subsection one of this section.

(3) The Chief Inspector shall cause to be kept arecord of the names of all shop assistants in respectof whom such notice applies, and shall note againstthe name of each the extended hours worked by him,so that the full amount of overtime permitted shallnot in any case be exceeded.

120. (1) Every shop assistant employed in or Overtime to

about the business of any shop (not being a shop sN 44 of 1920,

mentioned in the Fourth Schedule) for more than amended by

one half-hour after the closing time of the shop, 937117"8shall be paid therefor at quarter as much again as ggitig.'

s. 120.


the ordinary rate, but the overtime rate shall be notless than sixpence per hour for those assistantswhose ordinary wages do not exceed ten shillings perweek nor less than ninepence per hour for all otherassistants so employed, and shall be paid at the firstregular pay day thereafter.


(2) The shopkeeper shall, in addition to anypayment for overtime, provide every assistant soemployed with an allowance of not less than oneshilling and sixpence, such allowance to be paid onthe day on which such overtime is to be worked notlater than the hour at which the shop is required toclose under this Act.

gings= I:: 121. No shop assistant shall be employed in or!in about the business of any shop mentioned in Part I.mentioned Part I. of the Fourth Schedule, or in or about the businessSheduleFour. of a hairdresser's shop, after the closing time fixedNo. 4 of 1920.s. 122. by this Act for the remainder of the day.1939 and 1948reprints.s. 121.

Half- 122. All shop assistants employed in any shopholidaysin exempted mentioned in the Fourth Schedule, and all assistantsshopsNo. 44 of 1920, employed in any wholesale or commission agent'ss. 123.1939 and 1948 place of business, shall be allowed a half-holidayritn, from half-past one o'clock in the afternoon on some

one week day of every week, except a week in whichthere is a public or bank holiday allowed to suchassistants as a holiday or half-holiday:

Provided that, in the case of shop assistantsemployed in public houses, hotels, restaurants,eating-houses, or tea-rooms, the half-holiday maybe allowed from half -past two o'clock in the after-noon.

In the case of assistants employed in hairdresser'sshops, the half-holiday shall be allowed on the dayupon which shops which are not mentioned in theFourth Schedule, or the majority of such shops, arerequired to be closed at one o'clock in the afternoon.in the district or locality.


123. Except as hereinafter provided, every shopassistant employed in any shop, or about the busi-ness of any shop, shall be allowed one hour, betweenthe hours of eleven o'clock in the forenoon and threeo'clock in the afternoon, for dinner, and on everyevening when the shop is open after half-past sixo'clock, one hour between the hours of five and seveno'clock for tea: Provided that the hour for dinnermay be allowed in two periods of half an hour eachin restaurants, coffee palaces, and refreshmentshops.

Meal hours.No. 44 of 1920,8.124.1939 and 1948reprints,S. 123.

124. No shopkeeper shall, except as provided for nonce ofon ofby section one hundred and eighteen, employ any =nen/

person for a longer period than forty-eight hours, ff,V,,tingexcluding meal times, in any one week, or any /71.2r of 1920

woman, or any young person under the age of six- amended by

teen years for a longer period than eight and three- 9224 9115,,quarter hours, excluding meal times, in any one day, 140315

y:

except on one day in each week when the period 1939 and 1948may be nine hours and a-half, nor for a longer period ;ewe,than forty-four hours, excluding meal times, in anyone week.

(2) In every shop in which one or more of theclasses of business mentioned in the FourthSchedule is carried on, every shop assistant shall bepermitted to complete the working of the maximumnumbers of hours permitted under subsection (1)on any day, within a period extending over not morethan twelve hours from the hour of commencing tothe hour of finishing work for the day.

(3) On any half-holiday allowed to shop assistants AnTlq(reueaLtdpursuant to this Act, no shop assistant shall be leo.584.2fbYemployed for more than five hours in the aggregate, 1937.8 38.and such aggregate period of five hours shall not bespread over a greater period of time than seven hoursfrom the hour of commencing to the hour of finish-ing work on such half-holiday.

(4) No shop assistant shall be required to com-mence work on any day until a period of not lessthan ten hours has elapsed from the hour at whichsuch shop assistant ceased work on the next preced-ing day.



Seatingaccommoda-tion to beprovided forfemaleassistants.No. 44 of 1920,s. 126;amended byNo. 54 of1937, s. 39.1939 and 1948reprints,s. 125.

(5) Every shopkeeper shall post and keep postedup a copy of the provisions of this section in hisshop premises in a conspicuous position so as to beaccessible to and easily read by all shop assistantsemployed by him.

125. With respect to female shop assistants, thefollowing provisions shall apply:

(a) Reasonable and proper seating accommoda-tion to the satisfaction of the inspector shallat all times be provided for them in theshop, and shall be in the proportion of atleast one seat to every three or portion ofthree female shop assistants employed.

(b) They shall be allowed to avail themselvesof such accommodation at reasonable inter-vals throughout the day.

(c) They shall not be dismissed, nor shall theirwages be reduced by reason merely thatthey availed themselves of the sittingaccommodation, unless the shopkeeperproves that they have done so to anunreasonable extent.

Added byNo. 54 of1937, s. 39.

The occupier of every shop shall cause to be keptposted in a conspicuous position so as to be easilyread by all female shop assistants employed in theshop a copy of this section.

Payment of 126 (1) Payment of wages to all shop assistantswagesNo 44 of 192o, shall be made in full at weekly or at such others 127.1939 and 1948 intervals as may be agreed upon, being in no casereeves, longer than fortnightly intervals.

(2) If a shopkeeper makes default for fourteendays in the payment in full of any money payableby him as aforesaid, he shall be guilty of an offenceagainst this Act.



127. No person who carries on the business of Hairdressing

hairdressing in all or any of its branches shall— schools.Inserted ass 128A by

(a) on the premises or any part of the premises N0. 54 of/sat L Coccupied by him for such business teach or 939 and 1948

eprints,undertake to teach any other person the s.127.trade or business in all or any of itsbranches;

(b) permit or suffer his premises or the planttherein to be used by any other person forsuch purpose,

unless in either case the person receiving instructionis an apprentice duly bound for a period of not lessthan two years under the provisions of a deed ofapprenticeship to the person imparting the instruc-tion.

128. (1) In every shop there shall be kept by the Records tobe kept In

shopkeeper a record of— shop.No. 44 of 1920,s. 129;(a) the name and sex of each shop assistant amended byNo. 4 of

employed; 1922, a. 16,and No. 54 of1937, s. 42.(b) the age of each shop assistant under 1939 and 1948

twenty-three years of age; reprints,s. 128.

(c) the class of work performed by each shopassistant;

(d) the hours during which the shop assistantsare employed;

(e) the extra hours of employment undersection one hundred and eighteen;

(f) the days on which shop assistants areallowed a half-holiday or holiday;

(g) the wages paid to each shop assistant;

(h) the amount paid for extra hours of employ-ment under section one hundred andeighteen;

(i) such other matters as the shopkeeper isrequired to keep a record of pursuant toany award or industrial agreement underthe Industrial Arbitration Act, 1912-1941.

Records to bekept InFourth 130. (1) The shopkeeper of every shop of aScheduleshops. description mentioned in the Fourth Schedule shallNo. 44 of 1920,s. 131; keep in the prescribed manner a correct record ofamended(repeal andnew section)by No. 59 of1937, s. 44.1939 and 1948reprints.8.130.

(a) the name and sex of each shop assistantemployed;

(b) the name and age of each shop assistantunder the age of twenty-one years;

(c) the class of work performed by each shopassistant;

(d) the days on which shop assistants areallowed half-holidays or holidays;

(e) the wages paid to each shop assistant;

and such record shall be entered up weekly by theshopkeeper, and shall be signed weekly, if correct,by each shop assistant.


Amended byNo. 54 of1937, B. 42.

Such record shall be entered up from day to day,and shall be signed weekly, if correct, by each shopassistant.

(2) The shopkeeper and shop assistants shall beseverally responsible for the proper weekly postingup of the record book, which shall be produced toany inspector on demand.

[Subsection (3) deleted by No. 4 of 1922, s. 16.]

Penaltyfor makingfalse entries,No. 44 of 1920,s. 130;amended byNo. 54 of1937, s. 43.1939 and 1948reprints,s. 129.

129. Every person who-

(a) makes in any prescribed book, notice, list,record, or document an entry which in anymaterial particular is false; or

(b) makes or signs any return, record, ordocument under this Act, which in anymaterial particular is false,

shall be liable to a penalty not exceeding twentypounds.


(2) (a) Every such shopkeeper shall post, orcause to be posted and kept posted up in a con-spicuous position in his shop so as to be easilyaccessible to and easily read by every shop assistantin his employ during working hours on every day,or by any inspector, a roster in the prescribed formin the English language showing

(i) the name and sex of each shop assistantemployed;

(ii) the class of work performed by each shopassistant;

(iii) the times at which each shop assistant isrequired to commence and finish work oneach day in each week;

(iv) the hours in each day during which eachshop assistant is entitled to be off dutyduring each day;

(v) the time allowed for meals to each shopassistant on each day;

(vi) the day in each week on which each shopassistant is allowed a half-holiday and thetime from which the assistant is allowedsuch half-holiday.

(b) The particulars contained in such roster shallbe in respect of the week Monday to Sunday,inclusive, during which it is posted up, and may bealtered or varied only on account of the sickness orabsence of a shop assistant, or on account of a con-tingency that the shopkeeper could not reasonablybe expected to foresee: , Provided that no suchalteration or variation shall render lawful theemployment of any shop assistant for a greaternumber of hours in any week or in any day or daysthan is permitted by this Act, or to deprive any shopassistant of any holiday or half-holiday to whichsuch assistant may be entitled.

(3) Every shopkeeper who refuses or neglects tocomply with the provisions of this section, or whohas or permits any shop assistant to be on dutywhen, in accordance with the roster, such assistantshould be off duty, commits an offence against thisAct.

1948 reprint,s. 132:amended byNo. 48 of1951, s. 3.

Amended(repeal andnew 88.) byNo. 54 of1937, s. 45(d).


Prima facie 131. In any prosecution of a shopkeeper for anevidence ofemployment offence against this part of this Act, proof that atin shop.No. 44 of 1920, any time a shop assistant is in a shop shall be prima1 132.1939

prinr and 1948 facie evidence that at the same time he was employedets,a 131. in the shop by such shopkeeper.

PART X.-REGISTRATION OF SHOPS AND WAREHOUSES.

( la) A child shall not occupy or use any buildingpremises or place as a shop or warehouse.

(2) An application for registration shall be madeto the Chief Inspector in the prescribed form, andshall specify

(a) the name in full of the shopkeeper or occu-pier of the warehouse;

(b) the trading name of the shop or warehouse;(c) the place where such shop or warehouse is

situated;(d) the nature of the business or businesses

carried on in such shop or warehouse;(e) the number of persons employed or to be

employed in such shop or warehouse, andsuch other particulars as may be prescribed.

(3) The registration of every shop or warehouseunder this Act shall be personal to the applicantoccupier, and shall operate only during the currentcalendar year, and after the thirty-first day ofDecember of that year the shop or warehouse shall bere-registered.

Registration.tionn. 132. (1) No person shall occupy or use anys. 133: 13, building, premises, or place as a shop or warehouseamended byNo. 4 of 1922, unless the same is duly registered under this Act.8. 17 andNo. 54 of1937, s. 45.1939 reprint,s. 132.

Amended byNo. 4 of1922, 5. 17.Amended byNo. 54 of1937, s. 45(e).

(4) No fee shall be payable for the registration ofany premises in respect of which a publican's generallicense, wayside house license, Australian wine andbeer license, Australian wine license, railwayrefreshment room license or hotel license.


(5) Any person in occupation of any shop orwarehouse not registered as required by this Actshall be liable to a penalty not exceeding ten pounds.

(6) The fees payable on a registration or re-regis-tration of a shop or warehouse shall be such as areset out in the Second Schedule to this Act.

Feespayable.SecondSchedule.Amended byNo. 54 of1937, s. 45

).

PART M.-SANITATION OF SHOPS AND WAREHOUSES.

133. For the better sanitation of shops and rurliertion

warehouses, the following rules shall at all times be rigpfobserved by occupiers:— 1939 and 1998

reprints.s. 133.

(a) Sufficient privy and lavatory accommodationshall be provided for all persons employedin the shop, or warehouse, and wheremembers of both sexes are employed, notbeing members of the same family, theaccommodation shall be entirely separatefor each sex, and screened from public viewto the satisfaction of the inspector.

(b) The shop or warehouse shall not be over-crowded so as to injuriously affect thehealth of the persons employed therein.

(c) the shop or warehouse shall be ventilatedin such manner as to provide a sufficientsupply of fresh air, and to carry off andrender harmless as far as practicable allgases, fumes, dust, and other impuritiesarising in the course of the work carried ontherein.

(d) Without limiting the operation of the lastpreceding paragraph the inspector may, byrequisition to the occupier, require theoccupier to supply fans or other efficientappliances to carry off and render harmlessall such gases, fumes, dust, and otherimpurities.


(e) The inspector may from time to time, byrequisition to the occupier, determine as tothe shop or warehouse what space of cubicor superficial feet shall be reserved for theuse of each person working therein, and theoccupier shall cause the same to be reservedaccordingly.

(f) The space to be reserved as aforesaid shallnot be deemed to be reserved unless it iskept properly lighted and ventilated, andclear from all materials, goods, or tools otherthan those actually used or required by theperson for whom the space is to be reserved.

(g) A sufficient supply of fresh drinking watershall be provided for the free use of thepersons employed in the shop or warehouse.

In food and 134. Every person employed in or in connectionclothingshops. with any shop or warehouse in the manufacture,No. 0 of1920, s. 135. handling, or delivery of any bread, meat, milk,1939 and 1948rePrints confectionery, or other article for human consump-s. 134 tion, or of any textile fabric, who is in a state of

health which, in the opinion of the inspector, islikely to convey germs of disease or other contam-ination to any of the said articles, the inspectorshall forthwith report the same to the Commissionerof Public Health, and the provisions of sectionseventy-six shall apply in the same manner as if theshop or warehouse were a factory.

PART XII.-SUPPLEMENTAL.

Restrictionas to hoursof Asiatics.(1904, No.22, s. 23.)No. 44 of 1920,8.35.1939 reprint,s. 135(transposedby No. 54 of1937, s. 54).1948 reprint.s. 135;amended byNo. 15 of1948. s. 3.

135. No person of Chinese or other Asiatic raceshall be employed in any factory for longer hoursthan women may be employed therein under thisAct; nor shall he be employed before eight o'clockin the morning nor after five o'clock in the evening.

Provided that this section shall not apply to(1) any person of the Asiatic race who is a

natural born British subject and whosedomicile is in the State on the day of thecommencement of the Factories and ShopsAct Amendment Act, 1948, nor


(2) to any descendant of any person referredto in the next preceding paragraph if thedomicile of the descendant is in the State.

Definition ofemploymentand workingfor hire.No. 44 of 1920.

(a) in a manufacturing process or handicraft; amended by,Or No. 54 of

1937, s. 21,and trans-

(b) in cleaning any part of a factory used forany manufacturing process or handicraft;

po

s.4 of 1937,II. by No54sTrtX.5

or 1939 and1948reprints,

(c) in cleaning or oiling any part of the S.

machinery; or

(d) in any other kind of work whatsoeverincidental to or connected with anymanufacturing process or handicraft, orconnected with the article made or other-wise the subject of any manufacturingprocess or handicraft,

136. All persons (except the occupier) who workin a factory, whether for wages or not

shall be deemed to be employed by the occupier.

Provided that this section shall not apply to anystudent or pupil attending a university, or atechnical college, or a bona fide school, or to anapprentice in any trade, who attends casually at afactory in the capacity of a student or pupil orapprentice as aforesaid for the purpose as anincident of his studies, of gaining practical know-ledge in connection with the working of any plant,process or machinery, and not for the purpose ofdoing the work of an employee in such factory.

137. (1) If during the currency of any registra-tion of factory, shop, or warehouse any person otherthan the person who effected such registration is orbecomes the occupier or one of the occupiers thereof,then the registration shall be and become void; buta fresh registration may (subject to this Act) beeffected.

Voidance ofregistration.No. 44 of 1920,s. 27:amended byNo. 54 of1937, s. 9(1), andtransposedby No. 54 of1937, s. 9(2).1939 and 1948reprints,s. 137.


(2) If at any time during the currency of anyregistration of a factory, shop, or warehouse morepersons are employed than the maximum withregard to which payment has been made for regis-tration, then the occupier shall pay to the ChiefInspector the difference between the amount thathas been paid and the amount that would have beenpayable if the fee for registration had been fixedwith regard to the number actually employed atsuch time. The provisions of this subsection shallhave effect from time to time as occasion demands.


(3) Any fresh registration necessitated by reasonof the provisions of subsection (1) of this sectionshall be subject to the following conditions, andshall, if such conditions be complied with, beeffected without fee. The occupier shall withinfourteen days of the date on which any person otherthan the person who effected registration becomesthe occupier or one of the occupiers, send to theChief Inspector a notice specifying the full nameof such person, and the date on which such personbecame the occupier or one of the occupiers of suchfactory, shop, or warehouse.

Payment of 138. In order to prevent persons being employedwages andprovision for in factories, shops, or warehouses, without reason-wage. able remuneration in money, the following pro-No. 44 of 1930 '•sA5. visions shall apply:—1939 reprint,s. 138 (trans-posed byNo. 54 of1937, s. 18);amended byNo. 60 of1946, s. 9.1948 reprint,s. 138:amended byNo. 46 of1951, s. 4.

(a) Every person who is employed in anycapacity in a factory, shop, or warehouse,shall be entitled to receive from the occupiersuch payment for his work as is agreed on:Provided that (notwithstanding any agree-ment purporting to fix a lesser sum) theemployee shall, according to the employee'sage and sex, be entitled to be paid at a rateof wage not less than the following percent-age of the basic wage as declared andvaried from time to time by the Courtunder the provisions of the Industrial


Arbitration Act, 1912-1950, for males andfemales, as the case may be, and applyingto the particular area in which theemployee is employed:—

Between 14 and 15 years of ageBetween 15 and 16 years of ageBetween 16 and 17 years of ageBetween 17 and 18 years of ageBetween 18 and 19 years of ageBetween 19 and 20 years of ageBetween 20 and 21 years of age

Males.Percentage ofMale Basic

Wage.

Females.Percentage ofFemale Basic

Wage.2535 4045 5055 6065 7075 8485 92

(b) Such rate of payment shall in every casebe irrespective of overtime.

(c) Such payment shall be made in full at notlonger than fortnightly intervals.

(d) If the occupier makes default for seven daysin the full and punctual payment of anymoney payable by him as aforesaid, he isliable to a fine not exceeding five shillingsfor every day thereafter during which orany part of such default continues.

(e) Without affecting any other remedies forthe recovery of money payable under thissection to a person employed in a factory,proceedings under the Master and ServantsAct, 1892, for the recovery thereof, as beingdue under a contract of service, may betaken by an inspector in the name and onbehalf of the person entitled to paymentin any case where the inspector is satisfiedthat default in payment has been made.

(f) The occupier of a factory, shop or ware-house, shall not be entitled to make anydeduction, set-off, or counter-claim againsta claim for wages or other rumeration forwork actually and properly done by anyemployee, except to the extent of specialdamage (if any) which he proves that hehas suffered by reason of the unlawful actor default of the claimant in leaving theemployment or being absent from the


employment after the work was actuallyand properly done as aforesaid, and theoccupier of a factory shall not make orattempt to make any deduction from thewages or other remuneration for workactually and properly done by an employee,except to the extent aforesaid.


(g) Except with the permission in writing ofthe Chief Inspector, which shall only begranted on the ground of old age orinfirmity, no woman over twenty-one yearsof age shall be employed in a factory, shop,or warehouse at a lesser rate of wage thanthe lowest minimum rate prescribed for awoman over twenty-one years of age in anyaward or industrial agreement made underthe provisions of the Industrial ArbitrationAct, 1912-1941, and for the time being inforce, and no male person over twenty-oneyears of age shall be employed in a factory,shop, or warehouse at a lesser rate of wagethan the lowest minimum rate prescribedfor a male person over twenty-one years ofage in any award or industrial agreementmade under the provisions of the said Actand for the time being in force.

Notice ofterminationof employ-ment.Inserted byNo. 60 of1946, s. 9.

(h) Unless otherwise expressly agreed inwriting, the notice necessary to terminateany employment shall be one week's notice:Provided that an occupier may at any timedismiss a person employed in the factory,shop, or warehouse for refusal to obeyorders, or for misconduct, or for neglectafter receiving one week's notice, to carryout his duties in a reasonably satisfactorymanner, having regard to the circumstancesof the case. Provided that this paragraphshall not apply in the case of any personwho is employed as a casual worker. Forthe purpose of this paragraph the termcasual worker shall mean a worker employedfor less than six consecutive working days.


139. (1) No premium in respect of the employ- aogetronsment of any person shall be paid to or received by No4.644 of 1920,

the occupier of any factory, shop, or warehouse,e. 46

4 by

whether such premium is paid by the person 19°375, 4s °19transposed

employed or by any other person. by No. 54 of1937, s. 19.1939 and 1948reprints,

(2) No person shall ask or solicit the payment of S. "9.

any premium in respect of the employment orproposed employment of any person in any factory,shop, or warehouse, and no person shall offer topay or furnish any premium in respect of any suchemployment or proposed employment.

(3) In any case where a premium has been paid No e51doefd bor received in breach of this section, or where the linAoccupier of any factory, shop, or warehouse has and (e) (i1)•

made any deduction from any wages, or receivedfrom the person employed or from any person on hisbehalf any sum in respect of such premium oremployment, then, irrespective of any fine to whichhe thereby becomes liable, the amount so paid,deducted, or received may be recovered from theoccupier in civil proceedings instituted by aninspector in the name and on behalf of the personconcerned, or on application being made in anypenal proceedings under this section, the court shallorder such sum to be repaid to the person entitledthereto.

(4) No person shall procure the insertion in any 410871 eel bnewspaper of any advertisement or notification 1937`a3)19inviting or soliciting any premium in respect of theemployment or proposed employment of any personin any factory, shop, or warehouse.

(5) Where any person seeks to procure the %Bellerinsertion in any newspaper of any advertisement of rireA19notification mentioned in subsection (4) of thissection, the proprietor or publisher of such news-paper shall not receive such advertisement ornotification unless the person seeking to procurethe insertion aforesaid furnishes his name andaddress to such proprietor or publisher.


Inserted byNo. 54 of1937, s. 19(1) (d).

Inserted byNo. 54 of1937, 8. 19(1) (di.

(6) No person seeking to procure the insertion inany newspaper of any advertisement or notificationmentioned in subsection (4) of this section, shallgive to the proprietor or publisher of such news-paper a name and address which is false in anyparticular.

(7) Where any advertisement or notificationmentioned in subsection (4) of this section appearsin any newspaper, the proprietor or publisher ofsuch newspaper shall, upon request by the ChiefInspector, furnish to such inspector the name andaddress, as obtained by him, of the person whoprocured the insertion of such advertisement ornotification in such newspaper.

Certificate of 140. (1) The occupier shall, on the request ofemployment.No. 44 of 1920, any person leaving employment in the factory, shop,amended by or warehouse give to such person a certificate underNo. 54 of/937, s. 20; his hand, stating correctly, to the best of his know-an tran s-posed by ledge, information, and belief, the period duringNo. 54 of1937, 8.20 which such person has been employed.(2).1939 and 1948reprints.8.140.

IrsIgt;phill ,sg as 141. (1) No factory shop, or warehouse wherel',1=itg.any person is at any time employed shall be usedNo. 44 of 1920, as a sleeping place.s. 65.amendedNo. by

54 of (2) No room or place connected with or in the1937, s. 23:and trans- same enclosure as any such factory, shop, or ware-Posed byNo. 54 of house shall be used as a sleeping place, unless such/937, s. 23( 2 ). sleeping place is effectually separated from thegg.irt2, 19" factory, shop, or warehouse by a substantial wall

141. or partition extending from the floor to the ceiling.(3) Every person who commits or permits or is

party or privy to any contravention of this sectioncommits an offence against this Act.

Penalty—For the first offence two pounds, andfor every subsequent offence five pounds.

(2) Every occupier who refuses or neglects to giveany such certificate on the request of any personemployed by him, or gives any certificate knowingthe same to be false, is liable to a fine not exceedingtwenty pounds.


142. In any proceedings against the occupier of 1:0•71;deencrea factory for employing any person in breach of this zreggeoir,,Act— breach of

Act.(1) subject to the express provisions of section r.°13464:°'1920.

thirty-six proof of the person being found n:PYin any part of a factory shall be prima facie 1939

evidence that the person was then being rit.14employed in the factory; and

(2) when a person employed is, in the opinionof the court, apparently of the age allegedby the complainant, it shall lie on thedefendant to prove that such person is notof that age;

(3) when any person apparently of the Chineseor other Asiatic race is found in a factory,it shall be deemed that he was employedtherein, and it shall lie on the defendantto prove that such person was not employedtherein.

143. (1) In any proceeding for a breach of this tZogxinttAct in which it shall be material to prove that any lIza:01,nofwork was done in a factory at any time, proof that Actat the time sounds were heard proceeding from the r1314°"92°'factory such as would ordinarily be heard if persons g;,firiantl.1948were working therein in the usual manner, or that a. 143'any member of the police force or an inspector wasrefused or hindered in gaining admission into thefactory shall be prima facie evidence that work wasthen being done therein.

(2) Any work done or any person employed in afactory shall be deemed to have been done oremployed with the knowledge and by the authorityof the occupier unless the contrary be proved.

144. In computing, for the purposes of this Act, computingthe number of persons employed in a factory, the rimed inoccupier, or, if the occupier is married, then the factory.occupier together with the husband or wife, as the Tssi348413'192°'case may be, shall be considered as one person so 1939 and

nts, 1948

employed. r 1r4


Provision aslo personemployedboth in afactory anda shop.Inserted as8. 138A byNo. 54 of1937, 8. 47.11439 and 1948reprints,8.195.

145. Where a person is employed by the sameemployer in both a factory and a shop, then for thepurpose of computing the total number of hours inany one day during which such person shall beemployed on such day, such person shall be deemedto be employed in the factory only, and the provi-sions of this Act shall apply to such personaccordingly.

Adjacentbuildings 146. Where the operations of a factory are carriedincluded In on in several adjacent buildings, enclosures, orfactory.No. 44 of 1920, places, all of them shall be included as one and thes. 139.1939 and 1948 same factory.reprints,8.196.

Exemption41.' 147. (1) Subject to the express provisions of this

ffirpegr Act where any act or default constituting an offencebeing the against this Act, for which any occupier of a factoryreal offender. or warehouse, or shopkeeper is liable to a penaltyNo. 4 of 1920,

Nos. 140; by has in fact been done or committed by some otheraendedNo. 54 of person, such other person shall be liable to the1937, s. 48.1939 and 1948 penalties imposed.reprints,8.197.

(2) Where such occupier or shopkeeper is chargedwith any such act or default so done or committedby some other person, the said occupier or shop-keeper shall be exempt from any penalty uponproving that he supplied proper means and issuedproper orders for the observance, and used diligenceto enforce the observance of this Act, and that thesaid act or default was actually done or committedby some other person without his connivance, andthat he had done all that could reasonably beexpected of him to prevent the offence.

(3) Where an inspector is satisfied, before institut-ing a proceeding for any such offence against thesaid occupier or shopkeeper, that such occupier orshopkeeper, if such proceedings were institutedagainst him would, under the foregoing provisionsof this section, be exempt from any penalty, and thesaid occupier or shopkeeper gives all facilities in hispower for proceeding against and convicting theperson whom the inspector believes actually to have


been guilty of the act or default constituting theoffence, the inspector shall proceed against thatperson in the first instance without first proceedingagainst the said occupier or shopkeeper.

CompulsoryofficerswiderEducationActs to havecertainpowers.No. 44 of 1920.s. 141.1939 and 1948reprints.S. 148.

148. Every compulsory officer employed underany Act relating to public elementary educationshall, by virtue of his office, have all the powersconferred by this Act on an inspector, so far as maybe necessary to enable such compulsory officer todiscover any breach of sections forty-five and fifty-four of this Act.

149. The occupier of every factory shall provide :lazy.such guards for machinery and belts or appliances fery=i11-used in connection therewith, as may be prescribed Inserted asfor the purpose of preventing risk of injury to !.,.1.4140femployees and other persons in or about the factory. 11993371L1:1948

reprints.B. 149.

150. Every shopkeeper or occupier of a warehouse fAiriereigt ofemploying one or more shop assistants shall cause be 40gttrnto be affixed and maintained in some conspicuous No 44 of 1920,position in the shop or warehouse so as to be easily ns1.31942and 1948visible and accessible to every shop assistant ;;r a•employed therein, the prescribed abstract of thisAct and of the Regulations, and of any industrialaward or agreement made under the IndustrialArbitration Act, 1912-1941, which is applicable tothe industry carried on in such shop or warehouse,and in default of so doing shall be liable to a penaltynot exceeding five pounds.

151. Every occupier of a factory or warehouse,and every shopkeeper or other person failing toobserve any provision of this Act which he ought tohave observed or to do any act directed to be done,or doing any act forbidden to be done by this Act,shall be guilty of an offence against this Act andshall be liable, if there is no penalty speciallyprovided for such offence, for the first offence to apenalty not exceeding five pounds, and on a second

Generalpenalty.No. 44 of 1920.s. 143.1939 and 1948reprints.8.151.


or subsequent conviction to a penalty not exceedingfifty pounds, and if the offence is a continuing oneevery such person shall be liable to a further penaltynot exceeding five pounds for each day on which theoffence is continued after the first day.

Minimum 152. Notwithstanding anything contained in thePenaitYNo. 44 of 1920. Justices Act, 1902-1942, the irreducible minimum• 144;amended penalty which may be imposed on any person for( repea andnew secs tion) any offence against this Act or any regulation there-by No. 54 of1937. s. 50. under shall be—1939 and 1940reprints, Ten shillings on a first conviction;a. 152.

Two pounds on a second conviction; andThree pounds on any third or subsequentconviction.

Information 153. (1) In all proceedings taken against anyNo. 44 of 1920. person for any offence against this Act-s. /45.1939 and 1948eprints (a) the information may be laid in the name of

s. 153,

an inspector, or police officer or constable,or of any person aggrieved;

(b) it shall be sufficient to allege in theinformation that the factory, warehouse, orshop was a factory, warehouse, or shopwithin the meaning of the Act;

(c) judicial notice shall be taken of everyproclamation and of the appointment ofevery inspector;

(d) in any proceedings against the occupier ofa factory for employing any person in excessof the hours of employment permitted bythis Act, the contents of the notice affixedby the occupier, containing the workinghours of the factory shall, as against suchoccupier, be conclusive evidence of the factstherein stated;

(e) the production of a copy of the recordmentioned in section one hundred andtwenty-eight, and certified in writing bythe inspector, chs; 11 be prima facie evidenceof the facts recorded therein;


(f) when the complaint is laid by idly personother than an inspector, the complainantmay be represented at the hearing by aninspector.

(2) All such proceedings shall be heard and deter-mined before and by a police or resident magistrateunder and subject to the provisions of the JusticesAct, 1902-1942.

154. In any proceeding under this Act in which ,trvgdIlity.the question of whether any person bodily present /sCo1

..9 ..-:64 of 1920,

before any court is of any particular nationality, . :-/d 1948race, or descent or not shall arise, the court may riglf.th•decide the question on its own view and judgment.

155. All records or notices kept or exhibited underthis Act shall be legibly written or printed in theEnglish language.

Notices to bein English.No.44 of 1920,5.147.1939 and 1948reprints,e. 155.

156. On a third conviction of the occupier of a g;,;lecifilltgrfactory the Minister may, in his discretion, cancel rertz Onthe registration of the factory, and thereupon the ninction.factory shall become unregistered and shall not be No.44 of 1920,again registered without the sanction of the .. :51.31948and 1948Minister. reprints,

5.158.

157. (1) Nothing in this Act shall operate in any L1 .1412: off_way to relieve the occupier of any factory from any dependen tl yliability which independently of this Act he may ;..o.44 of 1920,incur for damage or compensation in respect of any 2-61941)...cl 1948Act or neglect or in respect of any accident or its ;Trconsequences,

(2) The payment by an occupier of any fineunder this Act for non-payment of wages orremuneration to any employee shall not relieve himfrom his civil liability to such employee.


Regulations.No.44 of 1920.6.150.1939 and 1948reprints,e. 158.

Saving ofProvisions ofInspection ofMachineryAct, 1921.No.44 of 1920.a. 151;amended byNo. 54 of1937, s. 51.1939 and 1948reprints.B. 159.

158. The Governor may from time to time makesuch regulations as may be deemed necessary tocarry out the object and purposes of this Act, andmay in those regulations authorise any penalty notexceeding five pounds to be imposed for any breachof the same.

159. Subject to the express provisions of sectionone hundred and forty-nine of this Act, an inspectorshall not have any jurisdiction over any machineryor accidents caused by any machinery or boiler towhich the Inspection of Machinery Act, 1921-1947,applies, and no power conferred by this Act on aninspector in relation to machinery of any kind shallbe exercised unless the inspector holds a certificatefrom the Chief Inspector of Machinery that in hisopinion such inspector is competent to exercise suchpower.

Printing of 160. All records, books, forms, or other docu-Records.No.44 of 1920, ments required to be kept under this Act by any8. 152.1939 and 1948 occupier of a factory or warehouse or by anyreprints,e. 160. shopkeeper may be printed by the Government

Printer, and may be obtainable from the Govern-ment Printer or an inspector, and shall be chargedfor at a fee to be fixed by regulation.

Rest roomfor assistantsinrestaurants.No.44 of 1920,a 153.1939 and 1948reprints,s. 181.

Alteration ofperiodscompriSed 111a half-yearor week.No. 44 of 1920.a. 154.1939 and 1948reprints,s. 162.

161. In every restaurant or tea room the shop-keeper shall, if required by the inspector, providea suitable change and rest room for the exclusiveuse of female shop assistants employed by him.Such room shall be provided with suitable seats anda couch or lounge, and be otherwise furnished to thesatisfaction of the inspector.

162. (1) Any shopkeeper or occupier of a factoryor warehouse may, by notice served on the ChiefInspector, select periods of six months or seven daysdifferent from those specified in section four as theperiod which shall constitute a half year or week, asthe case may be, in respect of the establishmentcarried on by him, and this Act shall have effectwith regard to such establishment in accordancewith the selection so made.


(2) Every such selection shall remain in forceand unaltered for at least six months.

163. (1) Nothing in this Act contained shall inany way affect the jurisdiction conferred on theArbitration Court established under the IndustrialArbitration Act, 1912-1941, and any provisions ofthis Act as to any matters within the jurisdictionof the said Court may be varied, altered, modified,or excluded by any award now made or hereafterto be made by the said Court or by any industrialagreement now made or hereafter to be made underthe said Act: Provided that any such industrialagreement shall not have effect as to any suchmatters unless and until the same has been declareda common rule by the said Court.

Effect ofindustrialawards andagreements.No.44 of 1920,8.155.1939 and 1948reprints,s. 183.

(2) The provisions of subsection (1) with regardto awards of the said Arbitration Court shall alsoapply to awards of the Commonwealth Court ofConciliation and Arbitration under the Common-wealth Conciliation and Arbitration Act, 1904-1947,and to any agreement made under section thirty-seven thereof, and certified by the President of thesaid Commonwealth Court.

(3) The provisions of this Act in restriction ofovertime, except insofar as such restrictions applyto women and boys, shall not apply to any partybound by any such award or agreement as afore-said if in any such award or agreement provision ismade for payment for overtime.

164. Every inspector shall, as and when pre- inspectorsscribed by regulation or by the Minister, furnish to local reports.the Minister a report in the prescribed form as to rci.54: of 1920•the operation of this Act in the district in which the giligg 1948inspector has been acting. 8.184.


Exemption ofPortion ofState fromoperationof Act.No.44 of 1920,s. 157.1939 and 1948reprints,s. 165.

165. (1) The Governor may from time to timeby proclamation exempt any portion of the Statefrom the operation of this Act, or any Part thereof,and may at any time revoke any such proclamation.

(2) Whist any such proclamation is in force, thisAct or Part thereof, as the case may be, shall notbe operative in the portion of the State therebyexempted.

(3) Every proclamation made under this sectionshall within fourteen days of the date of its publica-tion in the Government Gazette, if Parliament isthen sitting, be laid on the Table of both Houses ofParliament, and if Parliament is not sitting, thenwithin thirty days of the opening of the next ensuingsession, such proclamation shall be laid on the Tableof both Houses.

(4) If either House of Parliament passes a resolu-tion disallowing any such proclamation, of whichresolution notice has been given at any time withinthirty sitting days of such House after suchproclamation has been laid before it, suchproclamation shall thereupon cease to have effect,but without affecting the validity or curing theinvalidity of anything done or of the omission ofanything in the meantime. This subsection shallapply notwithstanding that the said thirty sittingdays, or some of them, do not occur in the samesession of Parliament, or during the same Parlia-ment as that in which the proclamation is laidbefore the House.

(5) When a resolution has been passed, ashereinbefore mentioned, notice of such resolutionshall be published in the Gazette.

Governormay suspendoperation ofMt as toclosing time.No.44 of 1920,s. 158.1939 and 1948reprints,a. 166.

166. The Governor may, by proclamation, tem-porarily suspend the operation of this Act insofaras it applies to the closing time fixed or appointedfor any shop or shops either generally or in anyspecified locality or district,


167. Nothing in this Act shall apply(1) to any bazaar or fair where goods are sold

or exposed for sale in order that the netproceeds of the sale of the goods may bedevoted to religious, charitable or publicpurposes only; or

(2) to any show held by an agricultural orhorticultural society outside the metropoli-tan shop district; or

(3) to any show held by an agricultural orhorticultural society within the metropoli-tan shop district that does not extend overmore than one day.

Exemption ofbazaars, etc.No.44 of 1920,a. 159.1939 and 1948reprints,S. 187.

168. An annual report of the operation of this Annualreport.

Act throughout the State shall be laid before No.49 of 1920,s.Parliament. WO.

THE FIRST SCHEDULE.The Factories Act, 1904 (No. 22 of 1904).The Factories Amendment Act, 1904 (No. 44 of 1904).The Early Closing Act, 1902 (No. 24 of 1902).The Early Closing Act Amendment Act, 1904 (No. 1 of 1904).The Early Closing Amendment Act, 1904 (No. 52 of 1904).The Early Closing Act Amendment Act,1911 (No. 1 of 1912).The Early Closing Act Amendment Act,1917 (No. 7 of 1917).The Seats for Shop Assistants Act (63 Viet., 52, 1899).

FirstSchedule.No.44 of 1920,

THE SECOND SCHEDULE. secondSchedule.

FEES ON REGISTRATION OF A FACTORY, SHOP, OR No.44 of 1920,WAREHOUSE. amended by

No. 54 ofAmount of 1948 . B. 3,annual fee. and ,Nani27 of

£ s. d.Where the maximum number of persons employed or to

be employed in the factory, shop, or warehouse doesnot exceed three 0 10 0

Where such number exceeds three but does not exceedseven.... . . .. 1 0 0

Where such number exceeds seven but does not exceedfifteen .. .... 2 0 0

Where such number exceeds fifteen but does not exceedthirty. .... . ... 3 10 0

Where such number exceeds thirtyfor the first thirty persons employed or to be em-

ployed .• . .... .... .... .... 3 10 0and for every additional ten persons employed . .. 1 0 0

UP to a maxi-mum of £15.

1939 and 1948reprints,5. 168.

100

ThirdSchedule.No.44of 1920.Amended byNo. 6 of1932, e. 3.

Added byNo. 6 of1932, 8. 3.


THE THIRD SCHEDULE.Freezing Works.Fellmongeries and pelt works.Fish-curing or preserving works.Jam factories (during the small fruit season, that is

between the first of January and the first of April inevery year).

Bacon factories.Sausage-casing factories.Bakehouses.Continuous process plants.Condensed milk and milk products (other than butter)

factories (during the period between the first day ofSeptember in each year and the first day of Februarynext following the same).

Fourth THE FOURTH SCHEDULE.Schedule.No.44of 1920. PART I.es addedthereto byNo. 4 of Bakers' Shops.1922 a. 19.

News Agents' Shops.Amended byNo. 54 of Stationers and Booksellers.1937, e. 52.

Railway Book Stalls.Florists.Confectioners.Fruit Shops.Vegetable Shops.Milk Shops.Tobacconists.

PART II.

Restaurants, Coffee Palaces, Boarding Houses, and Refresh-ment Shops.

Cooked Meat Shops.Fish and Oyster Shops.Premises in respect of which a Publican's General License,

Wayside House License, Australian Wine and BeerLicense, Australian Wine License, or Hotel License hasbeen or may hereafter be granted.

Undertakers.Newspaper Offices.

100

ThirdSchedule.No.44of 1920.Amended byNo. 6 of1932, e. 3.

Added byNo. 6 of1932, 8. 3.


THE THIRD SCHEDULE.Freezing Works.Fellmongeries and pelt works.Fish-curing or preserving works.Jam factories (during the small fruit season, that is

between the first of January and the first of April inevery year).

Bacon factories.Sausage-casing factories.Bakehouses.Continuous process plants.Condensed milk and milk products (other than butter)

factories (during the period between the first day ofSeptember in each year and the first day of Februarynext following the same).

Fourth THE FOURTH SCHEDULE.Schedule.No.44of 1920. PART I.es addedthereto byNo. 4 of Bakers' Shops.1922 a. 19.

News Agents' Shops.Amended byNo. 54 of Stationers and Booksellers.1937, e. 52.

Railway Book Stalls.Florists.Confectioners.Fruit Shops.Vegetable Shops.Milk Shops.Tobacconists.

PART II.

Restaurants, Coffee Palaces, Boarding Houses, and Refresh-ment Shops.

Cooked Meat Shops.Fish and Oyster Shops.Premises in respect of which a Publican's General License,

Wayside House License, Australian Wine and BeerLicense, Australian Wine License, or Hotel License hasbeen or may hereafter be granted.

Undertakers.Newspaper Offices.

Documents

THE FACTORIES AND SHOPS ACT, 1920-1954