Full text of "The law relating to factories and shops in Victoria (complete to 3rd February, 1920.)"

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THE LA\\

RELATING in

FACTORIES AND SHOPS
IS VICTORIA.

(COMPLETE TO :ter> FEBRUARY, 1920.)

COMPILED BY %i

SL.

Secretary to ilie. Department uj Labour.

Price Is. 6d.

ALPRRT ,1 IftJLr.
14850.

f.-r> ^
HOTRRNMRNT PRINTER,

DOCUMENTS
DEPT.

THE

RELATING TO

FACTORIES AND SHOPS
IN VICTORIA.

ii
(COMPLETE TO SRD FEBRUARY, 1920.)

COMPILED BVT

EC. :MI,

Secretary to the Department oj Labour.

Price Is. 6d.

ItFKRT .) MULLETT, GOVERNMENT PRINTER, MELBOURNE
14850.

This Handbook contains the following Acts

— DQCUM

Act No. 2650— Factories and Shops Act 1915.
In force 1.10.1915.

Act No. 2845— W hite Phosphorus Matches Prohibition Act 1916.
In force 6. 11. 1916.

Act No. 2875— Statute Law Revision Act 1916.
In force 28. 12. 1916.

Act No. 3048— Factories and Shops Act 1919.
In force 1.1.1920.

Repealed sections of the Act No. 2650 are in most cases omitted. Where
an amendment has been made in a section by another Act, the number and
section of the Amending Act are given, and the alterations from the original
text are indicated by the use of different type. For convenience of arrange-
ment, Act No. 2845 has been placed at the end of the Factories and Shops Act
1915.

And in addition —

Copies of regulations in force on 3rd February, 1920 ;

Tables of shop-closing hours and other matters suitable for tabulation ;

Particulars of cases decided on Factories and Shops law by the higher
courts ; and

An Index.

No. 2650.

(As amended by No. 2845, 2875, and 3048.)

An Act to consolidate the Law relating to the
Supervision and Regulation of Factories and
Shops.

BE it enacted by the King's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the Authority of the same
as follows (that is to say) :—

1 . This Act may be cited as the Factories and Shops short title,
Act 1915 and shall come into operation on the first day J^^M^on00*'
of October, One thousand nine hundred and fifteen,

and is divided into Parts and Divisions as follows : —

(The rest of this section is omitted as unnecessary for
the purposes of this book.)

2. The Acts mentioned in the First Schedule to the Repeal,
extent to which the same are thereby expressed to be F!rst Schedult'
repealed are hereby repealed. Provided that such repeal

shall not affect any rule regulation appointment by-law
order registration application declaration determination
or award made, or any petition presented, or any notice
notification permit or certificate given, or any licence
granted, or any fee fixed, or any resolution passed, or any
information laid, or action or proceeding pending, or any
order or direction in force under the said Acts or any of
them before the commencement of this Act.

PART I.— INTRODUCTORY.
DIVISION 1. — INTERPRETATION.

3. In the construction of this Act unless inconsistent interpretation,
with the context or subject-matter —

" Apprentice " means any person under twenty-one «
years of age bound by indentures of apprenticeship
or any person over twenty-one years of age who
with thu sanction of the Minister* is bound by
indentures of apprenticeship :

* Permission may be granted under section 189.

Except in cases where permission has been obtained under section 180 (a)
all apprentices unless bound for at least three years are deemed to be improve n
for the purpose of the Factories and Shops Acts — vide section 180.

" Chief
Inspector."

"Child.'

Council.'

"Factory/

Chief Inspector " means the chief inspector of fac-
tories and shops :

Child " means a boy under the age of fourteen years or
a girl under the age of fifteen years as the case may
be :

Council " means the council of any city town borough
or shire :

Factory " means any office building or place —

in which four or more persons are employed
directly or indirectly in working in any handi-
craft or in preparing or manufacturing articles
for trade or sale ;*

* The defendant was the proprietor of a registered factory in which nails were
manufactured. Some of these nails were sent from the factory to a shop close
by, also occupied by the defendant, where three girls and one boy were engaged
in packing the nails so sent into cartons and boxes.

On the hearing of an information for not registering the shop as a " factory "
under the Factories Acts the Magistrates convicted the defendant.

Held, affirming the conviction that the persons employed in the shop were
employed in preparing the nails for sale, and that, therefore, the shop was a
" factory " within trie-meaning of the Factories and Shops Act 1905. Alderson v.
Gold 1909, V.L.R. 219, 15 A.L.R. 180, 30 A.L.T. 189.

A " factory " as defined in the Factories and Shops Act 1896 (N.S.W.) is " any
office building or place in which four or more persons are engaged directly or
indirectly .... in preparing or manufacturing articles for trade or sale."

Held, that the expression " preparing articles for trade or sale " involves the
doing of some act to or in relation to the articles themselves which effects some
alteration in their character or condition for the purpose of maiding them fit for
trade or sale. The unpacking of soft goods from cases in which they were received,
marking them for sale, and repacking them for delivery to purchasers is not
" preparing them for trade or sale " within the meaning of the section. Henry
Bull and Co. Limited v. Holden, 13 C.L.R. 569, 18 A.L.R. 506.

Four or more persons were engaged on defendant's premises in —

(a) compressing wool into smaller compass for shipment, in order to reduce

freight charges;
(6) sorting, drying, and spraying with preservative sheepskins, to prevent

weevils from attacking them pending and during shipment ;
(c) salting hides to preserve them pending and during shipment.

All the goods had previously been sold in the local market, and were in defen-
dant's premises pending shipment by the purchasers, for whom defendant was
treating them.

Held, that none of these operations was a preparing for trade or sale within the
meaningof the Factories and Shops Act 1912, sec. 5, and that defendant's premises
did not require registration as a factory.

Quaere, whether the drying of the skins and salting of hides might not, if done
prior and incidentally to sale locally, be a " preparing " for trade or sale. —
Bittingham v. New Zealand Loan and Mercantile Agency Company Limited, 1914
V.L.R.. 321.

A place where electricity is generated for the supply of heat or light or power
to tenants of the person generating it is a factory within the meaning of the
Factories and Shops Act 1912.

Per a' Beckett, A.C.J. — A place where electricity is generated for the supply
of heat or light or power to the person generating it is a factory within the meaning
of the Factories and Shops Act.

Per Hodges and Hood, J.J. — A place where electricity is generated for the
supply of heat or light or power is only a factory if such electricity is supplied to
persons other than the person generating it.— Tipple v. Oeelong Harbor Trust
Commissioners, 1914 V.L.R. , 407.

in which, one or more Chinese persons are or is
employed directly or indirectly in working in
any handicraft or in' preparing or manufac-
turing articles for trade or sale ;

in which one or more persons are or is employed
and in which steam water gas oil or electric
power is used in preparing or manufacturing
articles for trade or sale ;

in which one or more persons are or is employed
and in which furniture is prepared or manu-
factured ;

in which one or more persons are or is employed
and in which any bread or pastry is made or
baked for sale ;
in which electricity is generated for the supply

of heat or light or power ;
in which coal gas is made ; and also
any clay-pit or quarry worked in connexion
with and occupied by the occupier of any pot-
tery or brickyard ;

Where the operations of any manufacturer are
carried on for safety or convenience in several
adjacent buildings grouped together in one
enclosure these shall be classed and included
as one factory for the purpose of registration
and for the computation of registration
fees ;*

A person shall be deemed and taken to be
employed whether he is or is not working on
his own account or behalf or for hire or
reward either directly or indirectly :f

*' Furniture " means furniture of which wood forms a « Furniture.1^
part and such as is usually made by cabinet-
makers chair and couch makers upholsterers wood
carvers or wood turners :

" Handicraft " includes any work whatsoever done in "Handicraft."
any laundry or dye-works and whether or not done
in preparing or manufacturing articles for trade
or sale :

* For purposes of registration and computation of fees, two fcoildings, occupied
by one firm, but separated by a public street and connected by a sub-way
under that street, are separate factories.

t As to when a person is " employed," see Ballantyne v. Hinchdiffe, 21 A.L.R.
24, noted at section 168.

See also Section 43.

"Improver."
S. 2 NO. 3048.

" Inspector."

•• Laundry."

'Mill-gearing.

Part."
'Prescribed.

"Schedule."
" Shop."

" Improver " means any person (other than an ap-
prentice)* who does not receive a piece-work price
or a wages rate fixed by any Wages Board for
persons other than apprentices or improvers and
who is not over twenty-one years of age or who
being over twenty-one years of age holds a licence
from the Minister to be paid as an improver :f
" Inspector " means an inspector of factories and shops
appointed { or continued in office under the
authority of this Act and includes the chief
^ inspector and the assistant chief inspector :
" Laundry " shall be deemed not to include any in-
stitution or place in which the only persons em-
ployed are —

(a) inmates of any prison reformatory or in-
dustrial school or other institution for the
time being subject to inspection under any
Act other than this Act ; or
(6) inmates of an institution conducted in good
faith for religious or charitable pur-
poses.

" Mill-gearing " includes every shaft whether upright
oblique or horizontal and every wheel drum or
pulley or other appliance by which the • motion
of the first moving power is communicated to any
machine appertaining to a manufacturing pro-
cess :

" Part " means Part of this Act :
" Prescribed " means prescribed by this Act or by any

regulations made pursuant to this Act :
" Regulations " means regulations under this Act :
" Schedule " means Schedule to this Act :
" Shop:'§ means any building or portion of a building
or place or any stall tent vehicle or pack in which
goods are exposed or offered for sale by retail and
includes any rooms of hairdressers or barbers and
boot repairers' shops and the rooms of dyers and
clothes cleaners commonly known as dyers' shops
and clothes cleaners' shops ;

* Except in cases where permission has been given under section 189,
apprentices, unless bound by indentures of apprenticeship, which bind the em-
ployer to instruct such apprentice for at least three years, are deemed to be
improvers; section 190.

t Issued under section 194 post.

j Provision is made for appointment in section 10.

§ " Small shops" are denned in section 89.

" Shopkeeper " means tlie occupier of a shop and " Shopkeeper."

includes a hawker or pedler.*
" Week " means the period between midnight on Satur- •• Week."

day night and midnight on the succeeding Saturday

night.

DIVISION 2. — APPLICATION OF ACT.

4. Except where otherwise expressly provided the pro- Application
visions of this Act shall apply to factories and shops wherever t&ctZtie*w&
situate in Victoria. Victoria.

5. The provisions of section one hundred and twenty- Power to extend
.seven of this Act shall apply to all cities and towns and may SS^and*8 *°

from time to time be extended by the Governor in Council d®jjj|ry of
to any borough or to any part or parts of a shire within
ten miles of any such city town or borough.f

6. Where any city town borough or shire is bounded Application of
whether in whole or in part by any lake or by the sea-shore determinations
all provisions of this Act and determinations of Wages wher.e. ,

« * i t • i • ,•• i i i municipal

Boards which are in operation in such city town borough district

or shire shall within a distance of three miles from such or 8ea.shore!ake

boundary be operative also in all parts of such lake or the s. 2 NO. 3048.

sea.

7. The expression " process trade business or occu- Process trade

,, " • • 7 7 • f business or

pation or any expression including one or more of occupation.
such words when used in this Act or in the Determina- s. 2 NO. 2875.
tion of a Wage 3 Board refers either to the process or s. 2 NO. 3048.
trade or business or occupation of the employer or to
that in which the employe is employed or to both as the
case may require ; and any employe in a factory doing
work for which a Wages Board has fixed a wages ibid.
rate or a piece-work price shall be paid for such work
at the rate fixed therefor by such Board.

8. The Governor in Council may at -anytime by Order Pow?r to .

,,.,,. ~ ~ J " J revoke orders.

published in the Government Gazette revoke alter or vary
any order made pursuant to the provisions of this Act.

9. Nothing in this Act shall apply to persons engaged

in dairying agriculture horticulture viticulture or of Act.
pastoral pursuits in any shire town or borough outside the
Metropolitan DistrictJ as defined in this Act.

* H awkersaudpedlers are shopkeepers under the Acts, hut nronotto he counted
i n petitions for regulating the hours of shop closing. See also section 9 Act 3048.

t The only extensions made under this section were to the boroughs of Eagle-
hawk, Geelong West, Newtown and Chilwell, and Sebastopol.

% Defined in section 82.

PART IL— ADMINISTRATION OF ACT.

DIVISION 1. — INSPECTORS.

Appointment of 10. (1) Subject to the provisions of tfhe Public Service
Act 1915 tlie Governor in Council may from time to
time appoint a chief inspector an assistant chief in-
spector and so many inspectors of Factories and Shops as
may appear necessary for the carrying into effect of this
Act, and may from tim£ to time remove such chief in-
spector such assistant chief inspector or such inspectors.

Provided that notwithstanding the provisions of any
Act relating to the Public Service, any member of the
Police Force may be appointed by the Minister of Labour
by writing under his hand to act as an inspector of factories
in the district in which he is stationed.

Appointment
of police as
inspectors.

Office of Chief
Inspector.

Duties. Ac., of
Assistant Chief
Inspector.

District*.

(2) The chief inspector shall have assigned to him an
office in Melbourne.

(3) The assistant chief inspector —

(a) shall under the control of the chief inspector have

and may exercise such powers functions or duties
(whether statutory or otherwise) of the chief
inspector as may be assigned to him m writing
by the chief inspector either generally or in any
particular case ; and

(b) shall act in the place of the chief inspector in case of

the illness absence or temporary incapacity of
the chief inspector.

(4) All acts matters and things done or performed by
such assistant chief inspector pursuant to this section shall
for all purposes have the same force and effect as if done or
performed by the chief inspector.

(5) The Minister may for the purposes of this Act divide
Victoria into such and so many districts as he thinks fit and
allot or ?,s?ign one or more districts to one or more in-
spectors

Certifying DIVISION 2. — CERTIFYING MEDICAL PRACTITIONERS.

practitioners. 11. (1) The Minister may on the recommendation of
the Board of Public Health appoint any persons
being, legally qualified medical practitioners to be

certifying medical practitioners* for the purposes of this
Act and may allot or assign one or more districts under this
Act to one or more certifying medical practitioners and the
Minister may at any time remove any person so appointed.

(2) In any part of Victoria for which there is not a certi- Public
fying medical practitioner appointed pursuant to the pro- let aT certifying
visions of this Act, every public vaccinator shall without ™jJj5Jfollerg iu
further or other authority than this section be and act as certain1 parts. "
certifying medical practitioner within any district or part
thereof or place for which he is a public vaccinator.

DIVISION 3. — SECRECY OF RECORDS.

12. Any inspector who divulges the contents of inspector
any record of persons employed in or of the work Contents8of
done in or oatside of any factory except to the Minister or record-

the officers of his Department and any inspector or officer Officer not to
of such Department who makes use of his knowledge of dlvulge-
the contents thereof except for the purpose of the compila-
tipn of general statistical information as required by this
Act or for the purpose of enforcing the provisions of this
Act shall be guilty of a misdemeanour.! Provided that power of
for the purpose of tracing persons who have evaded naval Siorizet0
or military training the Minister may once in every year inspection of
authorize any officer of the Department of Defence of speciaiVurpow.
the Commonwealth of Australia to inspect such records.

DIVISION 4. — ANNUAL REPORT.

13. (1) The cliief inspector shall prepare an annual chief inspector

j. £ , i TIC- • j. to report

report for the Minister. annually.

(2) Such report shall be of a general and comprehensive
character for the purpose of informing Parliament of the
course and conditions of national trade.

(3) Such report shall not refer by name to any particular
occupier of a factory or be so framed as to readily admit of
the identification of any such occupier.

(4) Such report shall show as nearly as possible the whole
number of persons engaged in working in factories iu Vic-
toria, classifying them according to their sex age and

* For fetis and duties see the regulations at page 147. Under section 46
a certificate from a cortifying medical practitioner is required before a factory
occupier can legally employ any person under sixteen in those factories named on
page 146. Factories not so mentioned are nevertheless affected by the
Education Act 1915. The section which applies is quoted in full on page 24,
and requires that before any parson under sixteen may be employed in any
factory a certificate of birth or a certificate under the hand of a head teacher
shall be filed by the occupier of the factory.

f For provisions as to secrecy with regard to the names and addresses of out-
workers see section 195.

Notice of
occupation of
factory.

average weekly earnings whether in wages or by piece-work
or both in wages and by piece-work in each branch, their
hours of labour the percentage of work done in the factories
and the percentage of work done outside thereof, together
with such other particulars of the same general nature as
the Minister may require.

PART III.— FACTORIES.*
DIVISION 1. — REGISTRATION, f
14. (1) Every person or body of persons —

going into or being in occupation of any factory
shall within fourteen days of such going into
or being in occupation ; or

* WHAT CONSTITUTES A FACTORY ?
(See section 3.)

1. Four persons working together in any place in any handicraft or manu-
facture.

2. One person working in any place—

(a) If steam, water, gas, oil, or electric power is used.

(6) If furniture is made. •

(d) If electricity is made.

(e) If coal gas is made.

(/) If the place is a quarry attached to a pottery or brickyard.
(g) If the person is a Chinese.

Every factory must be registered at the Department of Labour, Spring-
street, Melbourne (section 14).

Any person desiring to register a factory is advised to act as follows : — Write
to Secretary for Labour, Melbourne, who will .send an Inspector to the addres.s
given. The Inspector will bring the necessary forms and assist in their com-
pletion, and will give any explanation required.

If the factory is situated in the country, call on the nearest member of the
Police Force. If he is not an Inspector of Factories or unable to supply forms
and information, write to the District Inspector of Factories or to the Secretary
for Labour, Melbourne.

Before a factory can be registered, it must be certified by both the Municipal
Council and the Department of Labour, that the place complies with all the
requirements of the Regulations (page 11). These requirements will be found
set out in detail in this Handbook, but shortly stated they are —

(1) Air Space. — At least 400 cubic feet per person employed. If the

ceiling is more than 13 feet above the floor, the space above that
height is not counted (page 131).

(2) Ventilation. — Ordinarily 12 square inches of outlet and of inlet for each

person. See the regulation on page 131.

(3) Lighting. — Doorways, passages, and stairs must be sufficiently lighted

(page 132).

(4) Fire escape.' — Ordinarily a primary and an alternative way of escape

is required. See the regulation on page 132.

(5) Stairs and Landings must be constructed in the manner prescribed

(page 132).

(6) Fire Extinction. — Fire hose, buckets, and taps or alternatively chemical

fire extinguishers.

(7) Egress Doorways, Approaches to Doorways, Doors, and Gateways. — As

prescribed (page 133).

(8) Heating Appliances must be provided where such are considered neces-

sary (page 134).

(9) Lavatories. — One basin for every twenty males and one for every twenty

females (page 134).

(10) Sanitary Accommodation. — One closet for every twenty or fraction of
twenty persons. Separate accommodation for the sexes with
separate approaches. Also urinals.

fFor the regulations see p. 128.

being in occupation of any building or place which
becomes for the first time or after a period of
disuse again becomes a factory shall within four-
teen days of such building or place becoming or
again becoming a factory —

serve on the chief inspector at his office a written notice in
such form as may be prescribed by regulations.*

(2) Such notice shall specify — Particulars in

particulars of the name of such person and a descrip- n<
tion of the factory ;

the place where it is situate ;

the nature of the work carried on or to be carried on

therein ;
a description of the motive power (if any) therein ;

the name of the person or firm under which the business

of the factory is carried on ; and
such other particulars as may be prescribed.

• (3) Any person who is guilty of a contravention of this Penalty,
section shall be liable to a penalty of not more than Ten
pounds.

(4) If it be shown that all the requirements of this Act certificate,
have been fulfilled, the chief inspector shall issue a
certificate of registration of such factory on payment of
the registration fee as hereinafter provided.!

15. (1) Every person or body of persons who is in Approval oi
occupation of any office building or place which is J^jJJjy'JJf
about to become for the first time, or after a factory,
period of disuse is about to again become a factory,
shall 'before the same is used or again used as such,
forward to the council for the district full particulars
as to such office building or place in such manner as may
be prescribed.:]:

(2) Such office building or place shall not be registered certificate* of
as a factory until such council or the chief inspector has in suitability, &
writing certified that such office building or place is suitable
for a factory, and that the prescribed requirements have
been complied with.

* Page 128.

t For fee see section 17 and the schedule at p. 122.

j The regulations at p. 130.

Particulars of
register.

16. (1) Every factory of which particulars are forwarded
to the chief inspector as hereinbefore provided shall on
payment by the occupier thereof or by the employer of the
persons working therein (hereinafter termed the "occupier")
of the registration feef for the year in which the same is
registered be registered in a register to be kept for that
purpose in the office of the chief inspector.

(2) In such register shall also be entered all the particulars
which are by this Act directed to be forwarded to the chief
inspector together with such other particulars as may from
time to time be deemed necessary by the Minister or chief
inspector.

(3) Nothing in this section contained shall be deemed to
require or authorize an entry in such register of any par-
ticulars other than those required by this Act or by the
regulations to be forwarded to the chief inspector prior to
the registration of any such factory.

Schedule.

Registration fee. 17. (1) The registration fee to be paid in respect of every
Second factory shall be that specified in the Second Schedule, J

and shall in each and every year be paid on or before the
thirty-first day of January by the occupier of such
factory.§

Half-fee where (2) When any factory is opened during any year after
opened after' *ne thirtieth day of June the fee to be paid on registration
soth June. for that year shall be one -half of the rate specified in the
said Schedule.

Penalty. (3) Any occupier of a factory which is not registered as

in this Act provided shall be liable to a penalty of not
more than Ten pounds. ||

t Section 17 post and the schedule at p. 122.
J Schedule will be found at p. 122.

§ All these fees should be posted to or delivered at the Chief Inspector of
Factories* Office, Spring-street, Melbourne. Cheques or money orders, but not
stamps, are accepted. Whenever there is any transfer from one firm or one
individual to another, any change in the constitution of the firm, or any change
to other premises, a fresh fee in payable.

|| Where a room has already been registered as a factory, the sub-lessee of por-
tion of that room is not required to register his portion separately.

DIVISION 2. — INSPECTION.

18. f Every inspector shall for the purposes of the Power of
execution of this Act have power J to do all or any of the Inspecj
following things, namely : —

(a) To enter inspect and examine at all reasonable
times by day or night a factory! and every
part thereof when he has reasonable cause to
believe that any person is employed therein,
and to enter by day any place which he has
reasonable cause to believe to be a factory :

(6) to take with him || in either case a member of the
police force where he has reasonable cause to
apprehend any serious obstruction in the
execution of his duty :

times by day or night any place whatsoever
when he has reasonable cause to believe that any
person is employed therein at work for which a
Wages Board has fixed prices or rates : *. 2 No.13048.

(d) to require the production of all pay-sheets or books

wherein an account is kept of the actual wages
(whether by piece-work or not) paid to any
individual employe in any place to which the
Determination of any Wages Board applies iWd.
and to take copies or extracts from the same :

(e) to require the production of the certificate of

registration books registers certificates notices
lists and documents kept in pursuance of this
Act or of any regulations made hereunder and
to inspect examine and copy the same :

(/) to make such examination and inquiry as may be
necessary to ascertain whether the enactments
for the time being in force relating to public
health and the enactments of this Act are
complied with so far as respects the factory
and the persons employed therein :

t The penalty for obstructing an Inspector will be found in section 236.
j For powers as to shops, see sections 122-4.
§ For powers of entry as to steam-boilers, see section 57.
|| As to power to take an interpreter with him see section 19. He may also
take officers of health in certain cases. — Section 28.

(g) to enter any school in which he has reasonable cause
to believe that persons employed in a factory
are for the time being educated :

(h) to examine either alone or in the presence of the
occupier or employer or of his agent or servant
with respect to matters under this Act every
person whom he finds in a factory or such a
school as aforesaid, or whom he has reasonable
cause to believe to-be or to have been within
the preceding two months* employed in a

s. 2 NO. 3048. factory or at work for which a Wages Board

has fixed prices or rates, and to require such
person to be so examined and to sign a statutory
declaration as to the truth of any statements
made by him as to the matters respecting which
he is so examined :

(i) to exercise such other powers as may be necessary
for carrying this Act into effect.

inspector may 19. (1) Every inspector when entering inspecting and
^e acoon examining any factory pursuant to any of the provisions

interpreter. of ^is Act may take with him into such factory any

person who in the opinion of such inspector is qualified to

act as an interpreter, f

Effect of inquiry (2) Any inquiry or requisition to any occupier or his
interpreter. agent or employe or any person made on behalf of such
inspector by the person so acting as interpreter shall for
all purposes be deemed to have been actually made by the
inspector, and the answer thereto when made by an occu-
pier agent employe or person to the person acting as inter-
preter shall be deemed to have been actually made to the
inspector.

obstruction of (3) Any person who obstructs any person so acting as
interpreter. &n interpreter shall be deemed to have obstructed the

inspector in the execution of his duties and shall be punish-

able accordingly.!

factory* AC! to ^' W ^e occupier °f every factory his agents and

assist inspector servants shall furnish the means required by an in-

spection. Spector or ^ an offic(£ of the Board of Public Health

* " Month " means calendar month — Acts Interpretation Act.
t For similar provisions as to shops, see section 123.
J Penalty— section 236.

or of the council necessary for an entry inspection examina
tion and inquiry or the exercise of his powers under this
Act in relation to such factory.

(2) Every person who- obstruction of
(a) wilfully delays an inspector in the exercise of any m8Pector-

power under this Act ; or

(6) fails to comply with a requisition of an inspector
made under any such power as aforesaid, or
to produce any certificate of registration book
register certificate notice list or document
which he is required by or in pursuance of
this Act to produce ; or

(c) conceals or prevents any person from appearing
before or being examined by an inspector or
attempts so to conceal or prevent a person,

shall be deemed to obstruct an inspector in the execution
of his duties under this Act.

(3) No person shall be required under this section or the Evidence.
two last preceding sections to answer any question or give

any evidence tending to criminate himself.

21. (1) Every inspector shall be furnished with a cer- certificates of
tificate of his appointment, and on applying for admission
to a factory or school shall if required produce to the
occupier or schoolmaster such certificate.

(2) Every person who forges or counterfeits any such
certificate or makes use of any forged counterfeited or false
certificate, or personates the inspector named in any such
certificate or falsely pretends to be an inspector under this
Act, shall be liable to imprisonment with or without hard
labour for a term of not more than three months.*

DIVISION 3. — KEEPING OF RECORDS.

22. (1) In each and every factory there shall be Record of
made a true record in such form and giving such kTpS and8 notice
particulars as may be prescribedt as to the names work and to °e affixed in

r , J r I factory.

wages 01 the persons employed therein and the name and
age of every such person who is under twenty-one years
of age and such record shall be produced for inspection

• Section 238 provides a punishment for forging other certificates, for making
false entries and declarations,
f The regulations at p. 155.

Information to
be posted in
factory.

Name of
occupier to be
posted outside
factory.

Beoord of fines.

Penalty.

Record of
outside work
done for certain
factories to be
kept.

whenever demanded by the inspector and shall be forwarded
annually to the chief inspector at such time as may. be
prescribed* or whenever demanded by the chief inspector.

(2) There shall be kept printed painted or affixed in
legible Roman characters in some conspicuous place at or
near the entrance of each and every factory, and in such
other parts as an inspector from time to time directs, and
in such a position as to be easily read by the persons em-
ployed in such factory a notice containing —

(a) the name and address of the inspector for the

district ;
(6) the name and address of the certifying medical

practitioner for the district ;

and

(d) true copies or abstracts of such parts of this Act

and regulations thereunder as may be prescribed
or as may be directed by the Minister.f

(3) There shall also be kept printed painted or affixed in
legible Roman characters, in such place as an inspector
may direct or approve, near to the outside of the principal
outer door of every factory the name of the occupier
thereof, or if such occupier is a company the registered
name of such company, or if such occupier is a firm of per-
sons the firm name of such firm.

(4) There shall also be affixed in legible Roman char-
acters in such place in every factory as an inspector may
direct or approve a detailed record of all fines levied upon
his employes by the occupier of such factory. A copy
of such record of fines shall be forwarded by the occupier
of every factory to the chief inspector periodically at such
times and in such form as may be prescribed.^

(5) In the event of a contravention of any of the pro-
visions of this section in regard to any factory, the occupier
thereof shall be liable to a penalty of not more
than Twenty shillings for every day during which any of
the said provisions are not complied -with.

23. (1) Every occupier of a factory who has work done
elsewhere than in his factory shall keep a record. Such
record shall be kept in such manner and give such particu-
lars as may be prescribed^ and so as to be a substantially

* The regulations at p. 155.

t A copy of any Determination of a Wages Board which applies to any factory,
shop, or place must be kept printed, painted, or affixed in such factory, shop or
place.— Section 169.

t The regulations at p. 158.

correct record of the description and quantity of the work
done outside of such factory and of the name and address
of the person by whom the same is done and the prices
paid iii each instance for such work.*

(2) In default of so keeping such record such occupier Penalty,
shall be liable to a penalty not more than Two pounds for
every day for which without reasonable excuse the record

is not kept as aforesaid. Such record shall be kept for
the information of the inspectors, who alone shall be
entitled to inspect and who may at all reasonable hours
examine the same.

(3) Every occupier of a factory shall forward such Copy AC. of
record to the chief inspector for his information whenever Suppi?ed°toe
demanded by him, and shall forward to such inspector Chief inspector

. ,. -., J, , ,. , -IT on demand or

periodically at such times as may be prescribed a copy or periodically,
summary of every such record in such form as may be
prescribed, f

(4) Notwithstanding anything contained in this Act, and may be
the chief inspector shall publish in the Government Gazette authority o7
for general information anv such particulars contained in Governor in

-, T -I/-N • /-N ••! <• • uouncii.

any such record as the Governor in Council from time
to time thinks it necessary or desirable so to publish, in-
cluding if the Governor in Council thinks fit the name and
address of any such occupier.

(5) No such particulars shall be so published except in Limitation on
regard to or in connexion with some contravention of this publishm&-
Act for which such occupier has been convicted.

(6) Every person who issues or gives out or authorizes or Meaning pi
permits to be issued or given out any material whatsoever JSt}£,e.r m this
for the purpose of being wholly or partly prepared or
manufactured outside a factory as articles of clothing or

wearing apparel or boots or shoes for trade or sale shall
be deemed to be the occupier of a factory for the purposes
of this section.

(7) No person shall be convicted of a contravention of Exemption,
this section if he proves —

(a) that, having taken all reasonable precautions
against committing an offence against this
section, he had at the time of the alleged offence
no reason to suspect that his act would be a
contravention of this section, and

(6) that on demand made by or on behalf of the in-
spector he gave all information in his power with
respect to the alleged offence, or

* Such work must only be given out to registered workers. — Section 196.
t The regulations at p. 158.

(c) that otherwise he had acted innocently and bond
fide and without any intention to evade the pro-
visions of this section.

DIVISION 4. — CLEANLINESS AND VENTILATION.

•onditionof ^' ^ ^e occupier °^ ever7 factory shall keep the

factory?11 c same in a cleanly state and also free from any effluvia
arising from any drain privy urinal or nuisance.

(2) A factory or any portion thereof —

(a) shall not be so overcrowded* while work is carried
on therein as to be injurious to the health of
the persons employed therein ;

(&) shall contain such amount of cubical space* for
each person employed and such amount of ven-
tilation* as may be prescribed ;

(c) shall be ventilated in such a manner as to render
harmless as far as practicable all the gases
vapours dust or impurities generated in the
course of the manufacturing process or handi-
craft carried on therein that may be injurious
to health;!

(3) Every heating appliance in any factory whether
used for warming persons therein engaged or for the manu-
facturing process shall be provided with a flue of such size
and construction as may be prescribed!)!.

(4) A factory in or in connexion with which ohere is a
contravention of this section shall be deemed not to be
kept in conformity with this Act.§

DIVISION 5. — CANCELLATION OP REGISTRATION OF
DEFECTIVE FACTORY — PROVISIONS FOR SAFETY.

Registration of 25. (1) The chief inspector shall give to the occupier
?actoryVmay of any factory which or any part of which is in his opinion
in dilapidated unsafe unfit for use or injurious to health or
insufficiently provided with privies J or urinals or with
satisfactory approaches to such privies or urinals or with
proper appliances for the extinction of fire* or with
sufficient means of egress* in case of fire written notice
of such opinion.

* See the regulations at pp. 131-135.

t For cases in which ventilation by a fan is required, see section 29.

j The regulations at p. 134.

§ Penalty— Section 233.

(2) A copy of the notice shall also be sent by the chief
inspector to the council, and the council shall within two
months from the date of receiving such notice from the
chief inspector inform him whether the necessary repairs
or improvements have or have not been effected.

(3) Unless such council, within two months from the date Power to cancel
of such notice by the chief inspector, signifies to the chief where* pS of
inspector its approval of the continued use of such factory, *»o*«y unsafe,
the chief inspector may lay an information before the Court

of Petty Sessions that the occupier has failed to comply
with the provisions of this section and on such information
may summon him to appear before the Court of Petty
Sessions and show cause why the registration of such factory
should not be cancelled ; and the Court of Petty Sessions
unless satisfied that such factory or such part thereof is
not defective in any of the matters set forth in the notice
sent by the chief inspector shall make an order directing
the cancellation of such registration.

26. (1) Where in any regulations it is provided that the Fire prevention
council or the chief inspector may require that in any k?pt ready tforbe
office place or building there shall be appliances* (includ- use-

ing fire -buckets full of water) for the prevention or
extinction of fire such appliances shall be maintained in a
constant state of repair and available for use at any
moment.

(2) A factory in which there is a contravention of this
section shall be deemed not to be kept in conformity with
this Act.f

27. (1) All doors passages and staircases in or in con- Doors <fec. to
nexion with any factory shall be kept clear and free from of
obstruction of any kind whatever and be always available

as a means of escape.

(2) Any person who in any way whatever obstructs
or permits to be obstructed any such door passage or stair-
case or places or permits to be placed any obstruction in
or near any such door passage or staircase shall be liable
for the first offence to a penalty of not more than Five
pounds, and for every subsequent offence to a penalty
of not less than Five nor more than Twenty pounds.

* The regulations at p. 133.
t Penalty— Section 233.

Proof of (3) In any prosecution for a contravention of this section

obstruction. ^ OCCUpjer of faQ factory shall be deemed to have per-

mitted the obstruction of any door passage or staircase unless

the defendant proves that such obstruction was in con-

travention of his express orders or instructions.

DIVISION 6. — REMEDYING OF DEFAULTS AND NUISANCES.
Notice by 28. (1) Where it appears to an inspector that any act

inspector to , ' v ' , , ,, . rr T ,. , . J,

council of neglect or default in relation to any drain watercloset
innfac£ory!efect8 earthcloset privy ashpit water supply nuisance or other
matter in a factory is punishable or remediable under
the law relating to public health but not under this Act
such inspector shall give notice in writing of such act
neglect or default to the council in whose district the factory
is situate.

council to act. (2) Thereupon it shall be the duty of such council to make
such inquiry into the subject of the notice and take such
action thereon as to such council may seem- proper for the
purpose of enforcing the law ; and the powers conferred
by section three hundred and twenty-three of the Health Act
1915 upon councils with respect to factories or buildings in
which more than twenty persons are gathered or employed
or intended to be gathered or employed at one time may
be exercised with respect to any factory under this Act
by the Board of Public Health as well as by any council
in whose district any such factory is situate ; and the
provisions of the said last-mentioned Act for enforcing
the requirements of any such council shall apply and
extend to the enforcing of such requirements of such
council and of the Board of Public Health.

(3) An inspector may for the purposes of this Act or any
Act relating to public health take with him* into a factory
an officer of health inspector of nuisances or other officer
of the Board of Public Health or of the council ; and any
such officer of health inspector of nuisances or other officer
of the Board of Public Health or of the council may at all
reasonable times enter and inspect any factory.

Power of
inspector.

ventilation*!)*0
fan in factories, on

DIVISION 7. — PREVENTION OF DUST.

' ^nere ^ an7 factory grinding glazing or polishing
a wheel or any process is carried on by which
dust is generated and by the workers inhaled to an

* As to an inspector of factories' powers of entry, see section 18.

injurious extent, and it appears to an inspector that such
inhalation could be to a great extent prevented by the use
of- a fan or by other mechanical means the inspector may
direct a fan or other mechanical means of a proper con-
struction for preventing such inhalation to be provided
within a reasonable time ; and if the same is not provided
maintained and used the factory shall be deemed not to be
kept in conformity with this Act.

DIVISION 8. — LIMEW ASHING.;

30. (1) For the purpose of securing the observance of

the requirements of this Act as to cleanliness in every interior of
factory all the inside walls of the rooms of a factory and a'
all the ceilings or tops of such rooms (whether such
walls ceilings or tops are plastered or not) and all the pas-
sages and staircases of a factory if they have not been
painted with oil or varnished once at least within seven
years shall be limewashed or washed with some other wash
liquid or material approved by the chief inspector once at
least within every fourteen months, to date from the date
when last limewashed or washed, and if they have been so
painted or varnished shall be washed with hot water and
soap once at leasfr within every fourteen months, to date
from the date when last so washed.

(2) A factory in which there is a contravention of this
section shall be deemed not to be kept in conformity with
this Act.

(3) Where it appears to the Minister that in any class of ^JJ^er
factories or parts thereof the requirements of this section to grant
are not necessary for the purpose of securing therein the exemPtIons-
observance of the requirements of this Act as to cleanliness

or are by reason of special circumstances inapplicable he
may if he thinks fit on the recommendation of the Board
of Public Health by order made under this Act grant to
such class of factories or parts thereof a special exception
that the requirements of this section shall not apply thereto.

(4) This section shall not apply to blacksmiths' agricul- Non-appiication
tural implement makers' and wheelwrights' shops foundries

flour mills saw mills bone mills tanneries rope-walks smelting
works hay and corn chaff-cutting corn-crushing wool-
washing or boiler-making establishments.

31. All the inside walls of the rooms of every bake
house and all the ceilings or tops of such rooms (whether

Interior of
bakehouses.

such walls ceilings or tops are plastered or not) and all
the passages and staircases of such bakehouse shall either
be painted with oil or varnished or be washed with
lime or some other wash material or liquid approved of by
the chief inspector or be partly painted or varnished and
partly so washed ; where painted with oil or varnish there
shall be three coats of paint or varnish and the paint or
varaish shall be renewed at least once in every seven years,
and shall be washed with hot water and soap once at least
in every six months ; where otherwise washed, such wash-
ing shall be renewed once at least in every six months.

A bakehouse in which there is a contravention of this
section shall be deemed not to be kept in conformity with
this Act.*

DIVISION 9. — SLEEPING PLACES.

Sleeping places %% n\ .jfo person shall use or permit to be used as a
in factories • -, <• ,- , • i • i f ,

forbidden. sleeping place any part 01 a factory in wnicn any of the
operations of the factory are generally or occasionally
carried on. For the purposes of this section all space on
each floor, except such part as is separated by a per-
manent substantial wall, or partition extending from floor
to ceiling, shall be deemed to constitute one part of a
factory.

(2) Any person contravening any of the provisions of
this section shall be liable for the first offence to a
penalty of not more than Two pounds and for every subse-
quent offence to a penalty of not less than One pound nor
more than Five pounds.

(3) The onus of proof that the provisions of this section
have not been contravened shall in all cases be on the
defendant.

Provision as to 33. (1) A place on the same level with a bakehouse and
. forming part of the same building shall not be used as a
sleeping place unless it is constructed as follows (that is
to say) : —

unless such sleeping place is effectually separated from
the bakehouse by a partition extending from the
floor to the ceiling ; and

unless there is an external glazed window of at least
nine superficial feet in area, of which at least four
and a half superficial feet are made to open for
ventilation.

Penalty— Section 233.

(2) Any person who lets or occupies or continues to let
or knowingly suffers to be occupied any place contrary to
the provisions of this section shall be liable for the first
offence to a penalty of not more than Twenty shillings,
and for every subsequent offence to a penalty of not more
than Five pounds.

DIVISION 10. — MEALS OP EMPLOYES.

34. (1) No male under eighteen years of age and no interval for
female shall except on half -holidays or when it appears to meal8'
the Minister after due inquiry that the exigencies of trade
require the suspension of the provisions of this section

be employed continuously in any factory for more than
five hours without an interval of at least half-an-hour for
a meal.

(2) When it appears to the Minister that the exigencies
of trade require the suspension of the provisions of this
section he may suspend the same, and such suspension shall
be notified under his hand and such notification shall be
published in the Government Gazette.

(3) Nothing in this section contained shall refer to a fac-
tory in which the process of printing* newspapers is carried
on.

35. (1) No person employed in a factory shall be per- Meals not to t
mitted to take his or her meals in any room therein in ^re 'empiS
which any manufacturing process or handicraft is then .are parking b

,. J . , • »> i 11- i in certain case

being carried on or m which persons employed in such where employ^
factory are then engaged in their employment, unless such Wolkinge.n
factory is of open construction and is certified to by the
chief inspector as being properly exempted from this pro-
vision.

(2) Where any manufacturing process handicraft or Nor rooms
employment has been declared by the Governor in Council employments0
to be noxious for the purposes of this Act, no person em- carrted on-
ployed in the factory in which any such manufacturing
process handicraft or employment is carried on shall be per-
mitted to take his or her meals in any room therein in which
such manufacturing process handicraft or employment is
then being carried on or in which persons employed in such
factory are or have been in the course of the day engaged
in their employment ; and the occupier of every such fac-
tory shall cause a fit and proper room to be provided within
which the persons employed may take their meals without
the provisions of this Act being contravened.

* For restrictions as to employing young persons as type-setters in printing
offices, sec section 42.

Exemption. (3) If it is made to appear to the Minister that for any

reason it is unnecessary that such a room should be pro-
vided in any such factory he may by licence under his hand
exempt for any period not exceeding one year the occupier
of such factory from so much of the provisions of the last

*. 3 NO. 3048. preceding sub-section as require such a room to be
provided.

(4) The Minister may from time to time in writing
require the occupier of any factory shop or place to
provide—

(a) a dining-room for the use of employees ;

(b) a bath-room for the use of employees ;

Power of
Minister to
require dining-
rooms bath-
rooms &c.
to be provided
for use of
employees.

Ibid.

over fourteen
to be allowed
to work in
factories in
certain cases.

DIVISION 11. — AGES AND WORKING HOURS OF EMPLOYES.

be emp?o?ed to 35< ^° cnild* slia11 be employed in any factory.

Female children Provided that the Chief Inspector may grant to any
female child over the age of fourteen years who is not
required to attend school under the Education Act 1915f per-
mission to work in a factory if he is satisfied that the poverty
of the parents or guardians of the child makes it desirable
for the child to get employment and that the interests of
the child will be best served by commencing work in a
factory without waiting till such child becomes legally
eligible so to work.

Working hours 37 n\ NO person shall employ in a factory any male

for females and v . ' . * •• i •

boys. under sixteen years of age or temale of any age —

(i.) for more than forty-eight hours in any week, or
(ii.) for more than ten hours on any day, or
(iii.) later than Nine o'clock in the evening.

* A boy under fourteen or a girl under fifteen — section 3. The penalty
is provided in section 234.

t Section 48 sub-section (3) of the Education Act 1915 requires that before a
child under sixteen may be employed either a certificate of birth or a certifi-
cate from a head teacher shall be filed by the factory occupier. When making
application for permission for a girl of fourteen to work in a factory, this
certificate should be brought and shown to the Chief Inspector of Factories.

For purposes of reference the sub-section of the Education Act is hereto
appended.

"(3) Before any child apparently under sixteen years of age is employed or
permitted to be employed in any factory or work-room within the meaning of
the Factories Acts the occupier of such factory or work-room shall obtain from
such child a certificate of birth or a certificate under the hand of the principal
teacher of the school which such child last attended stating that the school records
show that such child is of the age required under the Factories Acts to permit
of such employment ; and every such certificate shall be filed by the occupier
of the factory or work-room, and shall be open to the inspection of any person
Authorized by the Minister ; but this sub-section shall not affect any child lawfully
employed in a factory or work-room at the commencement of this Act."

Compare section 11 and sections 46 and 47.

Provided that in order to meet an unforeseen press Provision for
of work such employment may be extended to fifty- STwork?611
seven hours in any week but in not more than eight
weeks in any one year subject to the following con-
ditions : —

(a) Payment for overtime shall be made for the Condition*,
time so worked at the rate of time and a half
on wages rates or Threepence an hour extra
on piece-work prices (as the case may be)
and in addition each worker shall receive
One shilling for tea-money for each day so
worked ;

(6) No such person shall be employed more than
forty-eight hours in any one week without
his or her consent ;

ten hours on any day or later than Nine
o'clock in the evening ;

(d) A book containing a detailed list showing the

date upon which the overtime was worked

the overtime worked the name of worker

and the hours of overtime shall be kept in

a convenient place in the factory where any

employe may at any time inspect it ; and

a notice in the form of the Third Schedule Third Schedule

accompanied by a fee of Two shillings

and sixpence for registration and a full

statement of the reasons for working such

overtime signed by the occupier shall be

posted or delivered to the chief inspector

within forty-eight hours after each week in

which overtime is worked.f

(2) If the Minister is not satisfied that such working Effect of

7 /, />7 f .1 t ,• f non-compliance

was bona fide for the purpose of meeting an unfore- with conditions
seen press of work he shall give notice in writing of
such dissatisfaction to such occupier and unless the
occupier of such factory within one month from such
notice proves to the satisfaction of the Minister that
such working was bond fide for such purpose the
Minister shall direct, the chief inspector to make a

f Schedule will be found at p. 123. Provision is also made for payment
of overtime and tea-money in other cases, e.g., shops generally (section 114)
Fourth Schedule shops, Ac. (section 119), and carters (section 132).

Calculation of
time.

Penalties.

Limitation of
working hours
in factories
where Chinese
are employed or
furniture made.

Penalty.

record that such working was not bond fide for such
purpose ; and if the Minister directs such record to
be made in regard to any occupier of a factory three
times within any period of twelve months such occupier
shall not thereafter at any time be entitled to avail
himself of the provisions of this section.

(3) On any day all males under sixteen years of age
and all females employed in any capacity in a factory
shall (meal times excepted) be deemed to be employed
in a factory from the time when they enter the same
until the time when they leave.

(4) If any person offends against the provisions of
this section he shall for each and every contravention
of this section be liable for the first offence to a penalty
of not more than Five pounds and for any subsequent
offence to a penalty of not less than Two pounds or
more than Twenty pounds.*

(5) Nothing in this section shall affect or modify
the provisions of section forty-one of this Act.

5. (1)-

(a) In any factory where any Chinese person is at any

time employed, and

(b) in any factory where any article of furniture is

prepared or manufactured or partly prepared
or manufactured,

no person shall on any day before half -past seven o'clock
in the morning or after five o'clock in the evening or on a
Saturday after two o'clock in the afternoon or on a Sunday
at any time whatever work for himself or for hire or
reward either directly or indirectly or employ or authorize
or permit any person whomsoever so to work.

(2) If any person offends against any of the provisions of
this section he shall for each and every day in which he
offends be liable for a first offence to a penalty of not more
than Ten pounds, and for a second or subsequent offencef

* One member of a firm may be convicted of an offence against the provisions
of this section, although the other members of the firm are not joined in the pro-
secution. If an employer have knowledge that one of his servants or agents
intends to commit a breach of the provisions of the Act, and neglect to take
effectual steps to prevent such a violation of the law, he will be liable for the act
of his servant or agent. — Goodsir v. Henderson, 13 V.L.R. 125, 8 A.L.T. 190.
See also section 228.

t A person may be convicted of a second offence under this section although
the information does not charge him with a second offence. Reg. v. San
Fie*, 3 A.L.R., C.N. 26.

co a penalty of not less than Five nor more than Twenty
five pounds ; and the registration of a factory the occupier
of which is convicted under this section of a third offence
shall be forthwith cancelled by the chief inspector.

(3) In any prosecution for an offence against this section
evidence —

(a) that at any time during which work is prohibited Proof °f

1,1.,' i. T i i contravention.

by this section in any factory sounds have been
heard such as would ordinarily be heard if
made by persons engaged in such factory in
the usual work therein carried on ; and
(?>) that during such time any member of the police
force or inspector was refused or could not gain
immediate admission to such factory,

shall be primd facie proof that the provisions of. this section

have been contravened by the defendant.

(4) In any prosecution for a contravention of this section Effect of work
the occupier of a factory shall be deemed to have permitted durfng°ry

a person to work if any person whosoever is proved to have prohibited
been working in the factory of such occupier during the
time when work is prohibited.

(5) In order to meet the exigencies of trade the Minister Power to
may on payment of a fee of Two shillings and sixpence and operation of
subject to such conditions and restrictions as he thinks section-

fit to impose suspend the operation of this section in any
one or more factories for any period not more than two
months and any such suspension .may at any time revoke.

(6) For the purposes of this section " work " shall be Meaning of
deemed and taken to include performing any of the opera-
tions usually carried on in the factory.*

39. (1) In a part of a factory in which there is carried Restriction of

employment of
persons

the process of silvering of mirrors by the mercurial unaer 18 ;

process, or

the process of making white lead,
a person under eighteen years of age shall not be employed.

(2) In a part of a factory in which the process of melting of girls under n
or annealing glass is carried on, a female under eighteen ln 8la8Sworks ;
years of age shall not be employed.

* Before the enactment of this provision " work " was held to mean " work
at a factory" and therefore the section was held not to apply to a Chinese
ironing his own shirt during the prohibited hours in a Chinese laundry. — Ingham
y. Hie Lee, 15 C.L.R., 267 ; 18 A.L.R., 45^.

of girls under 16 (3) In a factory in which there is carried on —

in certain

employments;

of persons under
16 in metal

(a) the making or finishing of bricks or tiles not being

ornamental tiles, or
(6) the making or finishing of salt,

a female under sixteen years of age shall not be employed.
W In a Part of a factory in which there is carried on—

Protection of
workers in wet
spinning.

Scifer^matl (a) any dlT grinding in the metal trade, or

dipping. (b) the dipping of lucifer matches,

a person under sixteen years of age shall not be employed.
(5) Notice of the prohibition in this section shall be
affixed in all factories to which it applies.

40. (1) No male under eighteen years of age and no
female shall be employed in any part of a factory in which
wet spinning is carried on unless sufficient means are
employed and continued for protecting the workers from
being wetted and (where hot water is used) for preventing
the escape of steam into the room occupied by the workers.

(2) A factory in which there is a contravention of the
provisions of this section shall be deemed not to be kept
in conformity with this Act.

Limitation of 41. No female under sixteen years of age shall work in
employment of anv factory between the hours of six of the clock in the
evening and six of the clock in the morning.

Restriction in
employment of
young persons
us type-setters.

Definition of

42. No male under sixteen years of age or female under
eighteen years of age shall work as type-setter in any
printing-office for longer than eight hours, nor between
the hours of six o'clock in the evening and six o'clock in
the morning, except in a case of emergency with the per-
mission of the Minister, and then only on the condition that
for twelve hours preceding and for twelve hours following
such night work such male or female shall not be em-
ployed.

43. (1) A male under eighteen years of age or a female who
works in a factory whether for wages or not either in a
manufacturing process or handicraft or in cleaning any
part of a factory used for any manufacturing process or
handicraft or in cleaning or oiling any part of the machinery,
or in any other kind of work whatsoever incidental to or
connected with any manufacturing process or handicraft
or connected with the article made or otherwise the subject

of any manufacturing process or handicraft, shall save as
is otherwise provided by this Act be deemed to be employed
within the meaning of this Act.

(2) For the purposes of this Act, an apprentice shall be
deemed to work for hire.

44. Where any person is employed in any capacity HOW hours of
in a factory during any day or week, then all the J^koned.*0 be
time during which such person is employed at any work
whatsoever for the occupier of the factory during such day

or week shall be deemed for the purposes of this Act to have
been time worked in such factory.*

DIVISION 12. — POWER OF SUMMONING OFFICERS UNDER
THE EDUCATION ACT.

45. Any person holding the office of summoning power to visit
officer in the Education Department may enter any {JJjS?^? to
factory during the time when any persons employed young persons'
therein are at work and inspect any part thereof where af

any persons are engaged in working and may also examine
the record of ages of persons under twenty years of age
and interrogate personally any person or require the pro-
duction of a certificate of birth or other sufficient evidence
so as to enable him to determine the age of any such person
so employed or working.

DIVISION 13.— CERTIFICATION OF FITNESS FOR EMPLOY-
MENT OF PERSONS UNDER SIXTEEN YEARS.

46. (1) No person under the age of sixteen years shall Certificate of
be employed in any factory unless the occupier of the employment of
factory has obtained a certificate in the prescribed formf

of the fitness of such person for employment in that
factory ; or if such, certificate of fitness is not required has
obtained and produces when demanded by any inspector
a certificate of birth or declaration as to age as hereinafter
provided^.

(2) A certificate of fitness for employment for the pur-
poses of this Act may be granted§ by a certifying medical
practitioner 1 1 for the district, and shall be to the effect that he
is satisfied by the production of a certificate of birth or

* For similar provision as to shops see section 115.

t The regulations at p. 147.

j Section 47.

§ Fee, 2s. 6d. — Regulation at p. 147.

|| Appointed under section 11.

other sufficient evidence* that the person named in the
certificate of fitness is of the age therein specifiedf and has
been personally examined by him and is not incapacitated
by disease or bodily infirmity for working daily for the time
allowed by law in the factory named in the certificate.

(3) Notwithstanding anything contained in this section
a certificate of fitness for employment shall be required
only in such cases as may be prescribed^ or in such cases
as the chief inspector owing to special circumstances by
written notice requires.

Supplemental 47. (1) All factories or any of them may be named
oertTficafcesaoftu m tne certificate of fitness for employment if the
fitness for certifying medical practitioner is of opinion that he can

employment. i • ,1 t/fc * ^ J^

truly give the certificate for employment therein.

(2) The certificate of birth (which may be produced
to such certifying medical practitioner) shall either be a
certified copy of the entry in a register of births kept in
pursuance of any Act relating to the registration of births
deaths and marriages of the birth of the person or a statutory
declaration as to the age of the person.

(3) Where a certificate of fitness for employment is ta
the effect that the certifying medical practitioner has been
satisfied of the age of the person by evidence other than
the production of a certificate of birth, an inspector may
by notice in writing annul the certifying medical prac-
titioner's certificate if he has reasonable cause to believe
that the real age of the person named in it is less than that
mentioned in the certificate, and thereupon that certificate
shall be of no avail for the purposes of this Act.

(4) The occupier shall when required produce to aa
inspector at fhe factory in which a person under sixteen
years of age is employed the certificate of fitness of such
person for employment which he is required to obtain under
this Act.§

* The sufficiency of evidence appears to be a matter for the discretion of the
certifying medical practitioner, subject to the inspector's power, under section
47, to annul the certificate.

t See section 222 (m) as to admissibility of a declaration by the certifying
medical practitioner, as evidence of age.

J The regulations at p. 146. This section only requires factories named
in these regulations to insist on these certificates. Section 48 of the Education
Act 1915 requires either a camficate of birth or a head teacher's cer-
tificate for persons under sixteen in all factories. The last-named sect'on will
be found printed at the foot of page 24

§ Section 46.

48. Repealed by section 2 Act No. 2845. (See page 12 J.)

DIVISION 15. — MINIMUM WAGE.

49. (1) No person whosoever unless in receipt of a Minimum wage
weekly wage of at least Two shillings and sixpence shall n

be employed* in any factory.

(2) No person whosoever unless related in the first or
second degree by blood or marriage to the employer shall
be employed outside a factory in wholly or partly preparing
or manufacturing any article for trade or sale unless in
receipt of a weekly wage of at least Two shillings and
sixpence.

DIVISION 16. — PERSONS IN CHARGE OF STEAM-ENGINES OR

BoiLERS.f

50. (1) No person shall be placed in charge of any Persons in
steam-engine or boiler used in or in connexion with any gteanvei^inea
factory unless such person holds a certificate of service or or boilers to
of competency granted by the Board of Examiners for
engine-drivers under the Mines Act 1915 or any Act thereby
repealed.

(2) Every such steam-engine or boiler when in use shall
be under the control and in the charge of a person who
holds such a certificate.

51. (1) A certificate of service shall authorize the what service to
holder to take charge of a steam-engine or boiler used eng?neereto
in or in connexion with a factory. en^nesln86 °f

factories.

(2) The Board of Examiners empowered in that behalf
shall not grant any certificate of serv'ce unless to a person
who satisfies them that he has for at least twelve months
prior to the first day of October, One thousand eight
hundred and ninety-six had experience which would qualify Experience,
him to take charge of the working of a steam-engine or
boiler used in or in connexion with a factory.

* As to meaning of " employed" see Ballantyne v. Hinchcliff, noted at p. 83.
t The regulations will be found at p. 148.

for factories.

Certificates of (3) The said Board of Examiners is hereby empowered
enSne-drfvers°r subject to regulations* to hold examinations and to examine
persons who may be desirous of qualifying themselves
as engine-drivers for factories only and to grant certificates
of competency to such persons as successfully pass the
prescribed examination or satisfy the said Board that they
have passed au equivalent examination before some
authority recognised by the Governor in Council for the
purpose .t

(4) The 'Board of Examiners of engine-drivers appointed
under any Act relating to mining shall as from the first
day of March One thousand eight hundred and eighty -six
be deemed to have had and to have power to issue various
classes of certificates of service and competency to engine-
drivers and to boiler attendants under this Act.

Power to issue
classes of
certificates.

thisAct.

Power to grant 52. Notwithstanding anything to the contrary in the
Mines Act 1915 the Board of Examiners shall sub-
jec^ oniy £0 Sucj1 conditions as may be prescribed*
grant a certificate of service to every person who
by the operation of this Act is required to hold a certi-
ficate of competency or of service from such Board
and who furnishes to such Board satisfactory evidence
that during at least twelve months within three years
prior to the first day of October, One thousand eight
hundred and ninety-six, he was in sole charge of and
efficiently managed a steam-engine or boiler (as the case
may be) in Victoria.

special

necessary for
certificates of

service.

Power to
disqualify
certificated
engine-driver
upon offence

53. Notwithstanding anything hereinbefore contained
a certificate of service shall not in any case be granted
unless specially authorized by the Governor in Council.

54. (1) Any person holding a certificate of competency
or of service granted by the said Board of Examiners and
who is charged with any offence or misconduct likely
to be detrimental to the proper or efficient discharge of
his duties may be called upon by the Board of Examiners

* The regulations will be found at page 148.

t The Board of Examiners observe the following rule in the interchange of
certificates: — A 1st class mining certificate has no equivalent factory certificate ;
a 2nd class mining certificate is equal to 1st class factory certificate ; a 3rd class
mining certificate is equal to 2nd class factory certificate. Neither the 3rd class
factory engine-driver's certificate nor that for boiler attendants has any corre-
sponding mining C3rtiflcate.

to show cause why he should not be disqualified as a
certificated engine-driver or boiler attendant.*

(2) If he fails to satisfy the said Board he may by an Order
of the Governor in Council published in the Government
Gazette be disqualified for any period from acting as an
engine-driver or boiler attendant and any such person shall
after such Order deliver into the charge of the said Board
his certificate of competency or of service which shall be
retained by the said Board during the period of his dis-
qualification.

(3) If any such person during the period of his dis-
qualification take charge of any steam-engine or boiler
he shall be liable to a penalty of not more than Two
pounds for every day during which he contravenes this

section. ;.,

55. In this division the term ' factory" where ver J^nrit]?n of
it occurs shall be deemed and taken to include any house Division"
building premises or place whatsoever where there is used

either permanently or temporarily a steam engine or
boiler ; and every steam-engine or boiler in any such
factory shall be under the charge of some person who is
the holder of a certificate of service or of competency
granted by the said Board of Examiners.

56. (1) The provisions of this Division shall not apply Exemptions,
to any steam-engine or boiler used on or for the purposes of

any farm vineyard garden or orchard or for the exclusive
purpose of providing a supply of water for private use.f

(2) Notwithstanding anything contained in this Act creameries and
the provisions of this Division shall apply to any steam-
engine or boiler used on or for the purposes of any
creamery or butter factory.

57. (1) The Governor in Council may at any time

by OrderJ published in the Government Gazette exempt steam-boilers
from the operation of this Division of this Part for &c'
such time as he thinks fit any particular class of steam-
boilers or any steam-boilers which are used exclusively for
any particular trade or business or any particular class of
steam-boilers which are used in any particular locality.

* The peculations at p. 153.

t See also section 9 ante which exempts from the operation of this Act persons
engaged in dairying, agriculture, horticulture, viticulture, or pastoral pursuits
in any shire, town or borough outside the Metropolitan District.

t Orders have been made undet this section exempting steam- boilers known
as Vulcanizers (gazetted 26th June, 1907), the boilers of the Engineering School
of the Melbourne University (gazetted 4th January 1912), and all steam boilers
known as Goodyear Steam Generators, which are used exclusively for the boot
trade in softening wax utilised in connexion with welting and stitchinz machines
(gazetted 29th July, 1915)
14850. -2

Inspection.

Pay of

engine-drivers
Ac. for work
done on
Sundays.

Occupier to
guard
dangerous
machinery
appliances and
parts of factory

Power of
Minister.

(2) For the purpose of ascertaining whether the pro-
visions of this Division are complied with, every inspector
may at all reasonable times enter inspect and examine any
house building premises or place whatsoever which he has
reason to believe is a factory as therein defined and may
make all necessary inquiries from any occupier or employe
in such factory, and every such occupier or employe refusing
or neglecting to answer any such inquiry shall be liable
to a penalty of not more than Five pounds.

DIVISION 17. — ENGINE-DRIVERS' PAY FOR SUNDAY WORK.

58. Every person in charge of any steam-engine or
boiler who is required under this Act to hold a certificate
from the Board of Examiners for Engine-drivers and every
person assisting such engine-driver and every fireman
working with sueh engine-driver and every person assisting
such fireman shall if required to work on Sunday be paid
at the rate of not less than time and a half.*

DIVISION 18.— PROVISIONS AS TO GUARDING MACHINERY,
ETC., AND PREVENTING ACCIDENTS.

59. Every occupier of a factory shall provide guards for —

(a) all dangerous parts of the machinery of the factory ;
(6) all dangerous appliances used in or in connexion

with the factory ; and
(c) all dangerous parts of the factory,

so as to prevent as far as possible loss of life or bodily
injury, and shall keep all guards constantly maintained
in an efficient state and properly adjusted, f

60. (1) For the prevention of accidents the Minister
may from time to time by order under his hand —

(a) direct the occupier of any factory or the occupiers
of all factories to take such steps as the Minister
deems necessary to prevent the occurrence of
- accidents ; or

* Under this section an engine-driver is entitled to be paid time and a half
for Sunday work. The Determination of the Mining Engine-drivers Board pro-
vides that all persons who work more than 48 hours in any one week are to be
paid at the rate of time and a quarter. For the purposes of the Factories and
Shops Acts the week commences at midnight on Saturday night and ends at
midnight on the following Saturday night. (See section 3 ante.)

The question arises whether the work done on Sunday is to be included in
calculating the amount of weekly overtime under the Determination. This
was tested at the Ararat Court of Petty Sessions on 25th October, 1912, when
the presiding police magistrate held that Sunday could not be calculated in the
48 hours to be worked during the week, as it was specially legislated for, and
dismissed the case.

f See Section 231.

(b) direct thai any specified machine or appliance
shall not be used in or in connexion with a
specified factory.

(2) If such steps are not taken accordingly within such
time as the Minister directs, or if such machine or appliance
is used contrary to the order, the factory shall be deemed
not to be kept in conformity with this Act.*

61 . If any person operates machinery without the guard Penalty, for
required by or in pursuance of this Act to be provided SSine without
for the same or when the guard is removed or not properly guard,
adjusted such person and the occupier of the factory shall

be severally guilty of an offence against this Act.

In the construction of sections fifty-nine, sixty-one and " Guard " to
two hundred and thirty-one of this Act the word " guard " include fence>
shall be deemed to extend to and include a fence.

62. Where the Minister is satisfied that any manufac- Power to make
ture plant process or labour used in factories is dangerous J!f?ty*o?ns for
or injurious to health or dangerous to life or limb either persons

n • .1 f f -, employed in

generally or in the case of women or of persons under dangerous or

twenty-one years of age or of any other class of persons t

he may certify that such manufacture plant process or

labour is dangerous, and thereupon the Governor in Council

may make such regulations as may be deemed necessary

and reasonably practicable to decrease or prevent danger

from such manufacture plant process or labour.

* The following orders have been made under this section :—
On 2fith October, 1910, chaffcutters were ordered to be guarded in such a way
as to prevent the hand of the feeder reaching the rollers. On 2nd June, 1911.
buzzer planes were ordered to be guarded by means of a bridge guard completely
covering the knives. This order was supplemented on 12th December, 'Ml, by
a further order allowing factory occupiers to guard their buzzer planes either
by means of the bridge guard already mentioned or by the disappearing guard
invented by Mr. F. W. Rooke, of Messrs. J. and T. Muir's, 37 Oapel-street, North
Melbourne. On 2nd June, 1911, all power presses for stamping out tops and
bottoms of cans, Ac., were ordered to be guarded. On 23rd November, 1911,
it was ordered that all shaving machines in tanneries should be guarded, as
devised by Mr. Alderson, Inspector of Factories, by bringing down the cover and
so adjusting it as to leave an opening between the cover and the knives of
not more than 5-16ths inch when the roller is brought up to its working position,
This order. was supplemented on 26th June, 1912. The guard invented by Mr.
Geo. Plain, of 4 Cromwell-street, Collingwood, and which might be described as an
elaboration of Mr. Alderson's idea, was ordered to be accepted alternatively with
tho Alderson euard in all tanneries. On 3rd October, 1919, an order waa made
under this section tint Enterprise Mincing M- chines (moved by power) with
open necks be guarded in such a way as to prevent the hand of the person
operating the machine from reaching the worm knives.

Penalty— Section 233.

DIVISION 19. — KESTRICTIONS AS TO YOUNG PERSONS AND

WOMEN.

Restriction on 63. (1) No female unless her hair is cut short or securely
machinery1 while fi*e(l and confined close to her head by net or otherwise
in motion or and no male wearing any apron or loose garment shall

working bet ween , „ , , i & i •

parts of be allowed to work among or near moving machinery.

machinery (^) ^° ma-le under eighteen years of age and no female

of any age shall be allowed to clean mill gearing while
the same is in motion or to work between the fixed and
traversing part of any self-acting machine while the machine
is in motion by the action of steam water or other power.

Consequences of 64. A male under eighteen years of age or a female
Sections. allowed to clean or to work in contravention of the last

preceding section shall be deemed to be employed contrary

to the provisions of this Act.*

Governor in

rkin at
dangerous

65. (1) The Governor in Council may if he thinks fit
D7 order published in the Government Gazette prohibit
tne employment in any factory of any person whatsoever
under the age of eighteen years at or in connexion with
any particular machinery or class of machinery specified
in such order as danger ous.f

(2) The occupier of any factory in which there is a
contravention of any prohibition made under this section
shall be deemed to be guilty of a contravention of this
Act.

Notice of

accident causing
death or bodily

inJury-

s. 17 NO. 3048.

DIVISION 20. — ACCIDENTS.
66. Where there occurs in a factory any accident which

(a) causes loss of life to a person employed in the

factory ; or

(b) causes bodily injury to a person employed in the

factory and which is of such a nature as to

* Penalty — Section 234.

t An order was made under this section on the 30th March, 1914, prohibiting
the employment in any factory of any person whatsoever under the age of eighteen
years at — •

(a) any circular saw used for cutting wood,

(b) any guillotine machine moved by mechanical power,

(d) any shaping machine used for shaping wood,

(e) any stuff-cutting machine used for the purposes of bootmaking,

and on 9th July, 1918, a similar order was made prohibiting the employment in
any factory of any person under eighteen years of age at any platen machine
used for carton cutting.

prevent the parson injured by it from returning
to his work in the factory within forty-
eight hours after the occurrence of the accident,

written notice of the accident shall forthwith after the
expiration of the forty-eight hours be sent to the inspector
for the district stating the residence of the person killed
or injured or the place to which he has been removed ;
and if any such notice is not sent, the occupier of the
factory shall be liable to a penalty of not more than Five
pounds.

67. The Minister may if he thinks fit obtain a report Report on death
from a medical practitioner or expert upon the nature or °r

cause of such death or injury.*

68. Such medical practitioner or expert shall investigate Power to

• * ,. i i t 11,1 •• if investigate.

into the nature and cause of such death or injury and for
the purposes only of this" and the last preceding section
shall have the same powers as an inspector and shall also
have power to enter any room in a building to which the
person killed or injured has been removed.

PART IV.— STAMPING FURNITURE.

69. (1) All furniture manufactured or sent out stamping of
of any factory shall be legibly and permanently fu
stamped.

(2) All furniture manufactured or prepared either wholly Victorian- made

,, . TT. , • •, n • i i • TI'/ furniture to be

or partly in Victoria shall as soon as it has been practically stamped,
completed so as to permit the stamp being placed on it
and before it is sent out or removed from the building
premises or place in which it is so manufactured or pre-
pared be stamped with a stamp of an indelible permanent
ink or stain or impression. t

70. (1) Such stamp shall set forth in legible type Certain
the manufacturer's true name and the address of the
place in which such furniture was manufactured or 9tamP

* As to form of report and method of investigation, see regulations »t p. 147.
t As to stamping imported furniture, see section 72.

Buropean.

Chinese.

prepared. If such furniture was only partly manufac-
tured or prepared by such, manufacturer the words " partly
prepared by " shall be stamped above such manufacturer's
name and address.

stamp not to be (2) Such stamp shall be placed on some part of such
furniture where it can be clearly and easily seen and read
upon examining such furniture.*

(3) Where an article of such furniture has been manu-
factured or prepared solely by European labour such stamp
shall also set forth in legible type the words " European
labour only."

(4) Where an article of such furniture has been manu-
factured or -prepared solely or partly by the labour of any
Chinese person or on the premises of any Chinese em-
ployer such stamp shall also set forth in legible type the
words " Chinese labour." £<s

(5) Where an article of such furniture has been manu-
factured or prepared partly by European labour and partly
by the labour of persons other than Chinese such stamp
shall also set forth in legible type the words " European
and other labour."

(6) " European labour " means the labour of persons
born in Europe or of their descendants whether born in any
British colony or possession or in the United States of
America or elsewhere, and " Chinese " includes persons
having a Chinese father and mother.

European
and Chinese.

Meaning of
" European
labour " and
" Chinese."

Penalties if
furniture
delivered
unstamped or
invoice
delivered
without proper
description.

71. Every occupier of a factory or shop —

(a) who delivers or causes to be delivered to a pur-

chaser any new furniture which is not stamped
pursuant to this Act ; or

(b) who without having previously delivered a written

statement such as is hereinafter referred to
renders or delivers to a purchaser of new furni-
ture an invoice, account, bill or receipt or enters
into any time payment or other agreement which
does not contain a written statement expressly

* Some articles must be stamped in a specific part. See the regulation*
p. 169.

and clearly showing whether such new furni-
ture to which it relates was imported or was
made by Chinese labour or by European labour
only or by European and other labour —
shall be guilty of an offence and shall be liable for a first
offence to a penalty of not more than Five pounds and for
every subsequent offence to a penalty of not less than
Two* nor more than Twenty pounds.

72. All furniture imported into Victoria* for the imported
purpose of sale shall be stamped by the importer or Sped6 10
consignee or buyer for the purpose of re -sale thereof within

forty eight hours after such furniture has been unpacked
with a stamp of an indelible permanent ink or stain ; such
stamp shall set forth in legible type the words " imported
furniture."

73. (1) The stamps upon all furniture — Furniture

stamps.

(a) imported into Victoria for sale ; or
(6) manufactured in Victoria for sale solely by Euro-
pean labour ; or

(c) manufactured in Victoria for sale partly by Euro-
pean labour and partly by the labour of persons
other than Chinese —

shall be of an oblong shape and shall each (as the case may
be) contain the words specified.

(2) The stamps upon all furniture manufactured in
Victoria for sale solely or partly by the labour of any
Chinese person or on the premises of any Chinese employer
shall be triangular in shape and shall contain the words
" Chinese labour."

74. The provisions of this Act with regard to the certain furniture
stamping of furniture shall not be deemed to be complied

with in the case of wardrobes sideboards tables washstands
bookcases cabinets hall stands hall seats dinner waggons
church altars cupboards pedestals meat safes chiffoniers
kitchen dressers chests of drawers and commodes unless
each of the letters with which such articles are stamped
is at least one -quarter of an inch long by one -eighth of
an inch wide.t

• As to frrniture manufactured or prepared in Victoria, see section 69.
t Mo«t of those articles must be stamped in a specific part. See the regulations
at p. 159

Penalty. 75, Every person —

(a) who wholly or partly manufactures or prepares
furniture and who fails or omits to cause such
furniture to be stamped as in this Act provided ;
or

(6) who exposes for sale or sells any furniture wholly
manufactured or prepared by persons other
than himself or his immediate employes and
stamps the same with his own stamp ; or

persons other than himself or his immediate
employes places a stamp implying or stating
that such furniture was made by himself only ;
or

(d) who falsely stamps any furniture ; or

(e) who exposes for sale or sells or offers for sale any

furniture manufactured or prepared either
wholly or partly in Victoria which is not stamped
pursuant to this Act or which he knows to be
falsely stamped ; or

(/) who removes or erases from or alters or adds to or
attempts to remove or erase from or alter or
add to any stamp on any furniture —

shall be guilty of an offence* and shall be liable for the first
offence to a penalty of not more than Five pounds and for
every subsequent offence to a penalty of not less than Two
nor more than Twenty pounds.

Stamps to be
pointed out to
inspector if
required.

76. Every occupier of a factory or shop and the
agents and servants of such occupier shall whenever so
required by an inspector point out to such an inspector
where any article of furniture in such factory or shop
is stamped in accordance with the provision of this Act.
Every person who contravenes the provisions of this
section shall be guilty of an offence and shall be liable
to a penalty of not more than Five pounds.

* The onus of proof is on the defendant— section 222 (/) and (A).

PART V.— SHOPS.

DIVISION 1.— SATURDAY HALF-HOLIDAY, ETC.
77. All shops in Victoria* (except shops for the sale
of fresh uncooked meat hairdressers' shops tobacconists'
shops and shops of the classes or kinds mentioned in the
Fourth Schedule to this Act) shall in every week be
closed from the hour of Nine o'clock on Friday evening
and from the hour of One o'clock on Saturday after-
noon.

Provided that the Governor in Council may if he
thinks fit from time to time and at any time make re-
gulations—

(a) For exempting from the provisions of this sec-
tion and fixing the hours of closing during
the whole of each year or during any part
of each year in any municipal district or

Closing of all
shops in Victoria
on Friday
evening and
Saturday
afternoon.

3.4(1) No.
3048.

Fourth
Schedule.

rover of
exemption.

* 1st January, 1920.

TABLE showing closing hours for all Shops situated in any part of Victoria outside the
Metropolitan District, as defined in section 82.

Effect of Closing

Shop for the

Hours of Closing.

whole of a

Publio Holiday

Class of Shop.

which falls on

•

any Tuesday,

Wednesday,

Mon.

Tu.

Wed.

Th.

Fri.

Sat.

Thursday, Fri-
day, or Saturday.

p.m.

1 . Booksellers and Newsagents

Closing hours not flxed'by law." The shop-

No effect

keeper may therefore decide for himself

when his shop shall close

2. Butchers

May remain open

preceding day

until 9 p m.

3. Confectionery and Pastry

Same as No. 1

No effect

4. Cooked Meat (other than

Same as No. 1

No effect

tinned meat)

5. Fish and Oyster

Same as No. 1

No effect

6. Flower

Same as No. 1

No effect

7. Fruit and Vegetable

Same as No. 1

No effect

If Wednesday

s Hairdressers chosen for

May remain

d To half -holiday

open preceding

bacconists ^ Saturday

day until 10

half-holiday*

p.m.

9. All shops of any kind not
mentioned above

May remain open
preceding day

until 9 p.m.

NOTE. — The hours given in this table are the shop closing hours as fixed by law. The
Factories Act however provides for their alteration and variation by regulation wherever a
majority of shopkeepers sign a petition. There are so many regulations in force throughout
the country districts of Victoria applying to different localities that it would be impracticable to
print them here. The hours given above must therefore be taken to be varied wherever such
a regulation is in force.

0.4(1) (a)
No. 3048.

8.4 (1)(c)

Petitions.

Signatures to
petitions.

Interpretation
of "shop-
keepers" for
purposes
of No. 2650
ss. 79, 84, 97,
100, &c.

Municipal clerk
to certify.

References to
" hours."

S. 4 (4) ibid.

specified locality outside the Metropolitan
District all shops or all shops of any class or
kind;

(b) For substituting in any municipal district an

earlier hour of closing than the said hour of
Nine o'clock on Friday evening.

specified locality outside the metropolitan
district a later hour of closing than the said
hour of Nine o'clock on Friday evening.

78. No such regulations shall be made unless a petition
therefor has previously been addressed to the Governor
in Council and forwarded to the Minister.

79. Such petition shall be signed by a majority of all
the shopkeepers (exclusive of hawkers and pedlers) keep-
ing shops within the municipal district or specified
locality to be affected of the classes or class of shops to
be affected.

9 (Act No. 3048). For the purposes of petitions under
the Factories and Shops Acts by shopkeepers no person
to whom any stall or standing in a market is let or
demised or by whom such stall or standing is used shall
by reason only thereof be deemed to be a shopkeeper
unless such stall or standing is usually kept open for
business on the days and during the hours when shops
may be lawfully kept open.

80. It shall be the duty of the municipal clerk of each
municipal district to which any petition relates on such
petition being referred to him by the Minister to certify
how many of the persons signing such petition are shop-
keepers (exclusive of hawkers and pedlers) keeping shops
within such municipal district or specified locality of
the classes or class of shops to be affected by the regu-
lations desired by such petition and also to state and
certify the total number of the said shopkeepers keeping
such classes or class of shops within such municipal
district or specified locality.

81. In this Division and in Divisions two and three
of this Part and in the Factories and Shops Act 1919

where any particular hour is specified such hour shall
unless otherwise expressed refer to such hour after noon
and where a shop is required to be closed from a specified
hour it shall be kept closed for the remainder of the day.

8 (Act No. 3048). Notwithstanding anything in the Permission to
Factories and Shops Acts any shopkeeper may keep his 5o0kpeeCpC8hop
shop open one hour later than the hour fixed for closing jjj™ ™ecj?°£[n
by or under the said Acts on the Thursday immediately days.
preceding Good Friday and on the last day on which the
shop is open preceding Christmas Day in each year.

DIVISION 2. — HOURS OF CLOSING IN THE METROPOLITAN

DISTRICT.*

82. For the purposes of this Act the municipal dis- Metropolitan
tricts of Brighton Brunswick Camberwell Caulfield dlstrict
Coburg Collingwood Essendon Fitzroy Footscray Haw- 8' 8 No< 2C48'
thorn Kew Malvern Melbourne Northcote Oakleigh Port

* 1st January, 1920.

TABLE showing closing hours for all Shops situated within the Metropolitan District, as defined

by section 82.

Effect of Closing

Shop for the

whole of a

Hours of Closing.

Public Holiday

Class of Shop.

which falls on

any Tuesday,

Wednesday,

Thursday,

Mon.

Tu.

Wed.

Th.

Fri.

Sat.

Friday, or
Saturday.

p.m.

1 . Booksellers and Newsagents

Closing hours not fixed by law. The shop-
keeper may therefore decide for himself

No effect

when his shop shall close

2. Butchers

51 f 1

May remain open

on preceding

day till 8 p.m.

'.',. Confectionery and Pastrv

Same as No. 1

No effect

t. Cooked Meat (other than

888

10 1 11

No effect

tinned meat)t

5. Fish and oyster

Same as No. 1

No effect

6. Flower

Same as No. 1

No effect

f During May,

7 7

7 I .. 1 ..

No effect

7 Fruit d ' June» July,

Vofrota'hio") August, and
September!

I Other months

Same as No. 1

No effect

8. Hairdressers

No effect

Ilf Wednesday
chosen for

May remain

half -holiday

> open on pre-

If Saturday

ceding day till

chosen for

9 p.m.

half-holiday

10. All shops of any kind not

May remain open

mentioned above

on preceding

day till 9 p.m.

t These hours were fixed by Regulation under section 84.

On the Thursday preceding Good Friday and on the last day on which the shop is open preceding
Christmas Day a shopkeeper may keep his shop open one hour later than the hour fixed for closing.

Melbourne Prahran Preston Richmond South Melbourne
St. Kilda and Williamstown and the Hallway riding of
the Shire of Braybrook and the Box Hill and Surrey
Hills ridings of the Shire of Nunawading and the Shire
of Heidelberg except the Greensborough riding shall
form one district to be called the Metropolitan District.

GENERAL.

83. With the exception of shops for the sale of fresh
uncooked meat hairdressers' shops tobacconists' shops
and shops of the classes or kinds mentioned in the
Fourth Schedule all shops situated within the Metro-
s 4 (2) (a) ibid P°^tan District shall be closed on Monday Tuesday
" Wednesday and Thursday from the hour of six o'clock
but may be kept open until nine o'clock in the evening
on the day immediately preceding a public holiday when
such shops are closed for the whole of such public
holiday.

Hours for
closing shops.

H 4(2) (b)
No. 348.

Fourth
.Schedule.

Confectionery
and pastry

shops eating
houses fish and
oyster shops
flower shops
fruit and
vegetable shops
bookseller and
news agents'
shops cooked
meat shops.

S. 7 Ibid.

Fourth
Schedule.

FOURTH SCHEDULE SHOPS.

84. (1) This section applies only to the Metropolitan
District and to shops of the classes or kinds mentioned
in the Fourth Schedule.

(2) The Governor in Council may make regulations to
have effect in and throughout the whole of such Metro-
politan District or in and throughout any one municipal
district or any two or more contiguous municipal districts
(as the case may be) within such Metropolitan District,
requiring any class or kind of such shops to be closed
during the whole of each year or any part of each year —

(a) on all or any stated days in each week from the

hours stated in such regulations;* or

(b) on one stated day in each week from the hour

of One o'clock ; or

any hours fixed by such regulations and per-
mitting such closed shops to re-open on such
stated day or days from such other hour or
hours as may be fixed by such regulation.

* All cooked meat (other than tinned meat) shops in the Metropolitan District
are required to be closed from the hour of 8 p.m. on Monday, Tuesday, Wed-
nesday and Thursday ; 10 p.m. on Friday, 11 p.m. on Saturday. (Regulation
gazetted 25th August, 1915).

All fruit and vegetable shops in the Metropolitan District are required to be
closed during the months of May, June, July, August and September, from the
hour of 7 p.m. on Monday, Tuesday, Wednesday and Thursday. (Regulation
gazetted 16th October, 1918.)

(3) Such a regulation may be made as to shops of any Preiiminwr
class or kind so specified for any or all of the pur- petltlon-
poses aforesaid but shall in no case be made unless a
petitionf therefor has previously been addressed to the
Governor in Council and forwarded to the Minister.

(4) In the case of a regulation being desired as to any Regulation foi
particular class or kind of shops for the whole of the whole
Metropolitan District such petition shall be signed by a DMrict01t*
majority of all the shopkeepers (exclusive of hawker&

and pedlers) of the particular class or kind to be affected
keeping shops within the Metropolitan District.

(5) In the case of a regulation being so desired for one fteguiation for.
municipal district or for two or more contiguous muni- one municipal
cipal districts within the Metropolitan District such contiguous °*

petition shall be signed by a majority of the shopkeepers
(exclusive of hawkers and pedlers) of the particular class District.
or kind to be affected keeping shops within such district
or contiguous districts.!

(6) It shall be the duty of the municipal clerk of each Municipal clerk
municipal district to which any petition relates on such to certify.
petition being referred to him to certify how many of the

persons signing such petition are shopkeepers (exclusive
of hawkers and pedlers) keeping shops within such muni-
cipal district of the class or kind of shops to be affected
by the regulation desired by such petition and also to
state and certify the total number of the said shop-
keepers keeping such class or kind of shops within such
municipal district.!

(7) Notwithstanding any petition received by the shortest
Minister for the amendment or repeal of any regulation duration

i -,.!-, n ••! i . i & • • of regulations.

made by the Governor in Council under the provisions
of this section, such regulation shall remain in force for
not less than six months from and after the date of its
publication in the Government Gazette.

85. No shopkeeper who keeps his shop closed for the Effect of doslng
whole of any public holiday occurring In any week shall for public
be deemed to be guilty in respect to such week of a con- h<
travention of any provision of any regulation under this
Division providing for the closing on one afternoon or
from one o'clock on one afternoon in each week of all
shops of any particular class or kind mentioned, in the
Fourth Schedule. Fourth

Schedule.

t See section 9 Act 3048 as to any stall or standing in a market— page 42.

BUTCHERS' SHOPS.

i',uccn«rs- saops. 86. All shops within the Metropolitan District for the
sale of fresh uncooked meat shall be closed in every
week —

On Monday Tuesday Wednesday and Thursday

from the hour of five o'clock;
On Friday from the hour of eight o'clock;
On Saturday from the hour of one o'clock;

but may be kept open until eight o'clock in the evening
Public holiday. OP the day immediately preceding a public holiday when
such shops are closed for the whole of such public holi-
day.

Hairdressers' Shops.

**7. All hairdressers' shops within the Metropolitan
politan District shall be closed* in every week —

district. '

s. 4 NO. 30487™ On Monday Tuesday Wednesday and Thursday from
« the hour of eight o'clock;

On Friday from the hour of nine o'clock; and
On Saturday from the hour of one o'clock;

but may be kept open until nine o'clock in the evening
on the day immediately preceding a public holiday when
such shops are closed for the whole of such public
holiday.

Tobacconists' Shops.

Tobacconists* 5 (3048). (1) All tobacconists' shops situated
«hops. within the Metropolitan District shall be closed in every

week as follows, namely: —

On Monday Tuesday and Thursday from the hour
of eight o'clock;

On Friday from the hour of eight o'clock except
when such shops are to be closed at one o'clock
on Saturday when they shall be closed from
the hour of nine, o'clock on Friday;

On Wednesday from the hour of one o'clock or
eight o'clock whichever of these times is chosen
by the shopkeeper; and

* Semble, a hairdresser shall not niter the hour fixed for closing commenre to
shave or dress the hair of a customer. — Powell v. Kierulf, 24 V.L.R. 851.

On Saturday—

(a) from the hour of one o'clock when the

closing time on the preceding Wed-
nesday was eight o'clock; or

(b) from the hour of nine o'clock when the

closing time on the preceding Wednes-
day was one o'clock;

but may be kept open until nine o'clock in the evening
on the day immediately preceding a public holiday when
such shops are closed for the whole of such public
holiday.

(2) The choice of a keeper of a tobacconists' shop as

to the closing time on Wednesday may be made in Saturday
respect of any such shop or shops occupied by him by
sending through the post by registered letter to the
Chief Inspector a notice in the form prescribed.* Until
he so makes such choice a tobacconist shall be deemed
to have chosen one o'clock as the closing time for his
shop on Wednesday.

(3) A tobacconist who has two or more different
shops all of which are situated within one mile of each shop,
other in the metropolitan district shall close all such
shops either at one o'clock on Wednesday or at one
o'clock on Saturday and may make his choice
accordingly.

(4) When a tobacconist has made a choice as afore-
said he shall not make another choice until after the
expiration of three months therefrom.

88. Repealed ~by Section 4, Act No. 3048

SMALL SHOPS.

89. The expression " small shops " means those shops Definition of
which would except for the following provision of this sma11 8h°P8-
Act be required to close at the times specified in section
eighty-three or eighty-six and wherein only one assistant
(whether paid or unpaid) is engaged or employed and

fche shopkeeper whereof and the assistant (if any) are
registered as hereinafter provided.

90. Small shops and the keepers thereof and assistants Registration
therein shall be registered annually by the Chief In- annually-
spector.

* See p. 161 for the prescribed form.

Registration of 91. (1) The registration of a shop as a small shop and

lhops> of the keeper thereof and of any assistant therein may

be allowed in cases of widows old people and in cases of

great hardship and shall be at the absolute discretion

of the Minister.

(2) No person shall be registered or employed as an
assistant in a small shop unless such person is the hus-
band wife child stepchild grandchild brother sister
nephew niece grandparent or parent of the shopkeeper
and is not employed in any other shop or in any factory.

(3) In relation to small shops the term " keeper "
shall not include the manager of a shop.

Penalty, 92. Every keeper of a small shop who is assisted by or

employs an unregistered assistant shall be guilty of an
offence and shall be liable to a penalty of not more than
Two pounds and on a second conviction shall be liable
to a penalty of not more than Ten pounds and on a
third conviction his registration may be suspended for a
term of not more than two years.

s. 4 NO. 3048.

Application of

93. Small shops shall in every week be closed—

on Monday Tuesday Wednesday and Thursday from

the hour of eight o'clock;
on Friday from the hour of nine o'clock; and
on Saturday from the hour of one o'clock.

94. The provisions of this Act relating to small shops
sna11 aPPlv witnin tne Metropolitan District only.

DIVISION 3. — HOURS OF CLOSING OUTSIDE THE
METROPOLITAN DISTRICT.

Non-application 95. The provisions contained in this Division shall
rHs?rict?POlitan have no force or effect within the Metropolitan District.

Hours for
closing shops
outside
Metropolitan
District.

IMd

GENERAL.

96. All shops outside the Metropolitan District (other
than shops for the sale of fresh uncooked meat hair-
dressers' shops tobacconists' shops and shops of the
classes or kinds mentioned in the Fourth Schedule) shall
be closed on Monday Tuesday Wednesday and Thursday
from the hour of seven o'clock but may be permitted to

be kept open later or be required to be closed earlier
during such hours as shall be specified on Monday Tues-
day "Wednesday or Thursday under any by-law* made
or to be made under the authority of this Division or
any previous corresponding enactment and may be kept
open until nine o'clock in the evening on the day imme-
diately preceding a public holiday when such shops s 2 NO 2375
are closed for the whole of such public holiday. Where |bid
in any section in this Part there is a provision relating
to the closing of shops on a day immediately preceding
a public holiday such provisions shall be construed as
applying to any of the shops referred to in such section
which is closed for the whole of such public holiday.

FOURTH SCHEDULE SHOPS.
97. Any municipal council may if it thinks fit at any Power to

.. i-i^ i 111- J municipal

time make alter and repeal by-laws in and tor the muni- council on
cipality for all or any of the following purposes, EyS fixingke
namely: — f • hours of closing

of shops in

For requiring shops of any class or kind mentioned
in the Fourth Schedule to be closed during the
whole of each year or any part of each year —

(a) on all or any stated days in each week

from the hours stated in such by-
laws;

(b) on one stated day in each week from the

hour of one o'clock; or

from any hours fixed by such by-law
and permitting such closed shops to
re-open on such stated day or days from
such other hour or hours as may be
fixed by such by-law.

* The defendant, a hairdresser, was charged upon information with a breach
of the Factories and Shops Act 1890 for that not being licensed to keep open after
7 o'clock in the evening he did not close his shop from that hour. At the hearing ,

before a court of petty sessions the prosecuting solicitor admitted the existence
and operation in fact of a by-law allowing hairdressers to keep open until 8 p.m.,
but alleged that it was ultra vires. The by-law had not been quashed. The
justices convicted the defendant for not having closed his shop at 7 o'clock.

Held, that the conviction *was bad.— Powell \. Kierulf, 24 V.L.R., 851.

t The by-laws already made under the provisions of this section are too
numerous to be given here.

The Governor in Council may make regulations for any of the purposes for
which a municipal council is by the Factories and Shops Acts empowered to make
by-laws. (Sections 101 and 102.)

Such a by-law may be made as to shops of any class or
kind so mentioned for any .or all of the purposes afore-
said, but shall in no case be made unless a petition cer-
tified to by the municipal clerk as being signed by a
majority of the shopkeepers* (exclusive of hawkers and
pedlers) within such municipal district keeping shops of
the class or kind to be affected has been previously pre-
sented to the municipal council, f

BUTCHERS' SHOPS.
Butchers' shops 93 (i) All shops outside the Metropolitan District

outside the ,11 <> /• i , ^ i n i i i •

Metropolitan tor the sale or iresn uncooked meat shall be closed in
every week—

On Monday Tuesday Wednesday and Thursday
from the hour of seven o'clock;

s. 4 NO. 3048. On Friday from the hour of nine o'clock ;

On Saturday from the hour of one o'clock,

ibid. but may be kept open until nine o'clock in the evening

on the day immediately preceding a public holiday
when such shops are closed for the whole of such public
holiday. Provided that in any municipal district or
specified locality where regulations have been made
exempting from the provisions of section seventy-seven
or any previous corresponding enactment and fixing the
hours of closing all shops or all shops of any class or
kind, regulations may be similarly made exempting
from the provisions of this sub-section shops situated in
the same municipal district or specified locality for the
sale of fresh uncooked meat and fixing their hours of
closing on petition signed by a majority of keepers of

* See section 9 Act 3048 (at page 42) as to any stall or standing in a market.

t Under a former section it was decided that the certificate of a municipal
clerk need not set out upon its face all facts prescribed by the Act as matters in
respect of which it is to be given, but it is sufficient if in general words it follows
the language of the section.

Such a certificate though good in form is not final and conclusive. The court
may look at the facts upon which it is based in order to see whether it is wrong
in substance. If such a certificate be wrong in substance the regulation grounded
upon it will be set aside.— Ellis v. Horsley, 23 V.L.R., 609. Compare section 244
of this Act.

The presentation of a petition certified by the municipal clerk as signed by a
majority of the shopkeepers substantially interested and affected thereby was
held under a former section to be a condition precedent to the making of any
by-law or regulation. Ellis v. Horsley (supra) distinguished. — Ex parte Crawcour,
26 V.L.B., 406.

Can

such shops in such municipal district or specified locality
and certified as required by section eighty.*

(2) Such shops may be permitted to be kept open
later or be required to be closed earlier during such
hours as shall be specified on any Monday Tuesday
Wednesday Thursday or Friday under any by-law made s. 4 NO. 3048.
or to be made under the authority of this Division or
any previous corresponding enactment..

HAIRDKESSERS' SHOPS and Tobacconists' Shops. lbld-
99. . Hairdressers' shops and tobacconists' shops out- ibid.
side the Metropolitan District shall be closed in every Hairdressers'

-,/.,, . J and tobacconists

week as follows, namely : — shops outside

On Monday Tuesday and Thursday from the hour Metropolis
of seven o'clock; District.

On Friday from the hour of seven o'clock except
when such shops are to be closed at one o'clock
on Saturday when they shall be closed from
the hour of ten o'clock on Friday;

On Wednesday from the hour of one o'clock or
seven o'clock whichever of these times is chosen
by the shopkeeper; and

On Saturday —

(a) from the hour of one o'clock when the

closing time on the preceding Wednes-
day was seven o'clock; or

(b) from the hour of ten o'clock when the

closing time on the preceding Wednes-
day was one o'clock,

but may be permitted to be kept open later or be re-
quired to be closed earlier during such hours as shall
be specified on any Monday Tuesday or Thursday under
any by-law made or to be made under the authority
of this Division or any previous corresponding enact-
ment and may be kept open until ten o'clock in the
evening on the day immediately preceding a public
holiday when such shops are closed for the whole of
such public holiday, f

100. Any municipal council may if it think fit in the Power to
cases and for the purposes set forth in sections ninety- make by"]
six, ninety-eight and ninety-nine at any time make
alter and repeal by-laws in and for the municipality.

* See section 9 Act 3048 (at page 42) as to any still or standing in a market."
t See Powell v. Kienilf, cited in note to section 96.

Governor in
Council
may make
regulations for
closing of shops
&c.

Inconsistent
by-laws of no
effect.

Power to fix
hours of closing
certain shops.

Petition.

Certification
of petition.

Shortest
duration of
regulations.

Such a by-law may be made for any of the purposes
aforesaid, but shall in no case be made unless a petition
certified to by the municipal clerk as being signed by a
majority of the shopkeeper sf (exclusive of hawkers and
pedlers) within such municipal district keeping shops of
the class or kind to be affected has been previously pre-
sented to the municipal council.*

REGULATIONS.

101. (1) The Governor in Council may make regula-
tions to have effect within any specified municipal dis-
trict, or in the case of a shire within any specified part
of such district, for any of the purposes for which a
municipal council is by this Act empowered to make
by-laws.

(2) When the Governor in Council has for any muni-
cipal district or part thereof made any regulation under
this section then any by-law previously or subsequently
made by the council of such district which is incon-
sistent with such regulation shall be deemed to be of
no force or effect so far as it relates to such district
or part (as the case may be).

(3) Where by any by-laws shops of any particular
class or kind have been permitted to keep open after
the hours specified in this Division, a regulation made
under this section may fix the hours for the closing of
such class or kind of shops at the hours specified in
this Division.

(4) No such regulation shall be made in cases where
by this Division it is required that a petitionf shall
have been previously presented to the making of such
by-law, unless a like petition similarly signed and cer-
tified to by the municipal clerk has previously been
addressed to the Governor in Council and forwarded to
the Minister.

(5) The municipal clerk is hereby required, when any
such petition is referred to him by the Minister, to
certify whether or not such petition has been signed
by a majority of shopkeepers (exclusive of hawkers and
pedlers) keeping shops within the locality affected of the
class or kind to be affected.

(6) Notwithstanding any petition received by the
Minister for the amendment or repeal of any regulation
made by the Governor in Council under the provisions
of this section, such regulation shall remain in force for

* See Ellis v. Horsley, 23 V.L.U., 609, and Exparte Crawcour, 26 V.L.R., 406
noted at section 97.

t See also section 9 Act 8048 at page 42.

not less than six months from and after the date of its
publication in the Government Gazette.

GEELONG DISTRICT.

102. (1) For the purposes of this Act the City of
Geelong the Boroughs of Geelong West and Newtown D
and Chilwell and the Moorpanyal riding of the Shire of
Corio shall form one district to be call-ed the Geelong
District.

(2) The Governor in Council may make regulations Regulations foe
to have effect in and throughout the whole of such

Geelong District providing for any of the purposes for
which a municipal council is by this Act empowered to
make by-laws.

(3) No such regulation shall be made unless a petition Preliminary
therefor has previously been addressed to- the Governor Petltlon-
in Council and forwarded to the Minister.

(4) Such petition shall be signed by a majority of all Majority of
the shopkeepers (exclusive of hawkers and pedlers)
keeping shops within such district of the classes or class

of shops to be affected.*

(5) It shall be the duty of the municipal clerk of each Municipal oierk
municipal district to which any petition relates on such to certlfy-
petition being referred to him by the Minister to certify

how many of the persons signing such petition are shop-
keepers (exclusive of hawkers and pedlers) keeping shops
within such municipal district of the classes or class
of shops to be affected by the regulation desired by
such petition and also to state and certify the total
number of the said shopkeepers keeping such classes
or class of shops within such municipal district.

(6) Where the Governor in Council has for the wto by-law
Geelong District made any regulation under this section with^uSou
then any provisions to the contrary of any by-law pre- of Governor
viously or subsequently made by the council of any iE
municipal district included in the Geelong District and

any provisions to the contrary of any regulation pre-
viously made by the Governor in Council which are or
is inconsistent with such regulation shall thereupon be
deemed to be of no force or effect whatever.

(7) Notwithstanding any petition received by the Shortest
Minister for the amendment or repeal of any regula-

tion made by the Governor in Council under the pro-
visions of this section such regulation shall remain in
force for not less than six months from and after the
date of its publication in the Government Gazette.

* See also section 9 Act No. 3048 at page 42.

Penalty for
breach of

regulation or
by-law.

Penalty for
employer
detaining
employ6 on
half-holiday.

Provision as to
closing shop
selling goods of
various kinds.

Power to
suspend as to
any ehop.

OFFENCES AGAINST REGULATIONS AND BY-LAWS.

103. Every person guilty of any offence against any
regulation made pursuant to this Division or any pre-
vious corresponding enactment or against any by-law
made by a municipal council in pursuance of this Divi-
sion or any previous corresponding enactment shall not-
withstanding any provision of any by-law be liable for
the first offence to a penalty of not more than Two
pounds and for every subsequent offence to a penalty
of not less than One pound nor more than Ten pounds.

DIVISION 4. — GENERAL SHOP PROVISIONS. — SANITARY
PROVISIONS. — HOURS OF WORK. — HALF-HOLIDAYS,
REGISTRATION, ETC.

MISCELLANEOUS.

104. If any person is employed in any shop later
than half-an-hour after the time of closing for a half-
holiday, the employer shall be liable to a penalty of
not more than Two pounds for each offenoe in respect
of each person so employed.*

105. (1) If in any shop any trade or business is
carried on or any goods are dealt in of such descriptions
or kinds as would under the provisions of this Act or
of any by-law or regulation made or for the time being
in force hereunder necessitate such shop being closed
during certain hours then such shop shall be closed for
all purposes during such hours, f

[(2) The Minister may suspend^ the provisions of
sub-section (1) of this section in any shop to such extent
and subject to such conditions as may appear requisite,
and such suspension may be revoked by the Minister
by a notification under his hand posted to the occupier
of the shop affected thereby. No such suspension shall
authorize the sale or offering for sale or exposure for
sale of any goods the dealing in ivhich would under the
provisions of this Part necessitate the closing of such
shop. Repealed by Section 10, Act 3048.]

* Compare section 240.

t "A person who carries on in the same shop within the Metropolitan District
two different kinds of business, one of which is within the Fourth Schedule
and the other not, must close the whole of his shop on the weekly half-holiday.

In order to establish an offence under the section it is not necessary to prove
that a sale of goods has taken place.

In support of a charge that a business was carried on at a shop on a specified
day, evidence is admissible that sales were made there shortly before and after
the day in question. — Billingham v. Qaff, 13 A.L.R. 474. See also (1907)
V.L.R. 691, 29 A.L.T. 159.

10 (Act 3048) . Sub-section (2) of section one hun 105

dred and five of the Principal Act is hereby repealed : NO power to

Provided that such repeal shall not affect any suspen- J™!!s!on as to
sion granted and in force at the date of the coming 2?i?nnggg8oo°dPs Of
into operation of this Act and every such suspension various kinds,
shall unless sooner revoked continue in force until the Jjjjjf fg*8 to
thirty-first day of December One thousand nine hundred suspensions,
and twenty and no longer; and the said sub-section (2)
shall continue to apply to such suspension until the said
date as if this section had not passed.

J06. (1) Every occupier of a shop shall cause to be sitting
provided suitable sitting accommodation for all persons to be provided0
employed in his shop in the proportion of one seat to empioylsfor
every three persons employed; such sitting accommoda-
tion shall be conveniently situated for the use of the
persons for whom the same is provided.

(2) The occupier of any shop shall allow every person
employed therein to make use of such sitting accommo-
dation at all reasonable times during the day.*

107. (1) The Minister may. after due inquiry and Power to

,.. JJ ^ J . . , suspend shop

subject to such, conditions as may appear requisite provisions at
suspend the provisions of this Act which relate to shops exhibition0
in any building or place in which a public exhibition ^arrtabi*0" fot
of works of industry and art or bazaar or fair for purposes only,
benevolent or charitable purposes is being held, provided
tbat such, exhibition be not carried on for the benefit
or gain of any private persons.

(2) In the event of any breach of the conditions of
such suspension the same may at any time be revoked
by the Minister.

108. A shopkeeper shall not charge any manager or Limitation of
assistant who is required to reside on the premises in ch^gSa^ t»nt
connexion with the shop in which the business of such resident
shopkeeper is carried on a greater sum as rent for such assistant of
premises than Ten shillings per week. shopkeeper

109. Where any person carrying on the business of Person to whom
a hairdresser or barber lets any chair or part of his barb^r's^hop1
shop to any other person for the purposes of the busi- is let for

ness of a hairdresser or barber the person to whom the bSSto be8

• • — — deemed to be

* The sitting accommodation must be always available. It is not a compliance an employe1,
with the section if the seats provided, though of the requisite number, are avail-
able for the customers in the first instance. — Trainor v. Younger, 13 A.L.R. 50,
?8 A.L.T. 171.

Penalty for
sale of new
goods by
auction after
hours for
closing shops.

Sate of motor
spirit after
hour.

Conveniences
for employes.

chair or part of the shop is let shall be deemed to be
the employe of the person who lets the same and shall
be paid as such.

110. Where any person in any building, room, or
place in any municipal district and at any time when
shops in such district are required by this Act to be
closed sells by auction any -new goods such as are
usually sold in any such shops, such person (notwith-
standing that he is a licensed auctioneer) shall be
guilty of an offence against this Act.

111. Notwithstanding anything in this or any other
Act the sale from any shop after the hour when such
shop should be closed of petrol benzine or other motor
spirit to travellers for the purpose of enabling them
to continue any journey shall not be regarded as an
offence.

SANITARY PROVISIONS AND VENTILATION OF SHOPS AND
BUILDINGS.

112. (1) The occupier of every shop office warehouse
or building (other than a factory) in which persons are
working or employed in any business whatever shall as
may be prescribed construct privies and urinals for the
use of such persons and where they are of different sexes
separate privies for the use of each sex with approaches
thereto properly separated for the sexes.

(2) The occupier of any building who fails to comply
with the provisions of this section shall be liable to a
penalty of not less than Two nor more than Twenty
pounds.

ingress egress 113. (1) Every shop shall be provided by the occu-
lhop8* pier thereof with the prescribed means of ingress and
egress and with the prescribed gangways stairways and
passages (which shall not be obstructed) and witk the
prescribed appliances for the prevention and extinction
of fire.

(2) The occupier of a shop shall not permit or suffer
the same or any part thereof to be at any time so over-
crowded as to be dangerous or injurious to the persons
of either employes or customers therein.

(3) Every person who contravenes any of tVe pre-
ceding provisions of this section or of any % regulation
made thereunder shall be guilty of an offence and shall
be liable to a penalty of not more than Twenty-five
pounds.

(4) The occupier of every warehouse and every shop ventilation of

shall provide such amount of ventilation as may be pre- SJJjJ011
•i -i JL.

scribed.*

LIMITATION OF HOURS OF WORK.

114. (1) Except as in this section and in section
one hundred and eighteen otherwise provided no person
other than a person employed solely as a carter or
porter or night watchman shall work for hire or
reward in any shop or at any work in connexion with
a shop for a longer time (excluding meal times) than
fifty-two hours in any one week, or for a longer time
(excluding meal times) than nine hours in any one day,
except on one day in each week when twelve hours'
work may be done. In any week in which a public
holiday occurs, such public holiday not being on a
Saturday, twelve hours' work may be done on two days
in such week if the shop is closed for such public
holiday, f

(2) Any person may, if notice in writing las pre-
viously been sent to the chief inspector, be employed notice given
in any shop or at any work in connexion with a shop
for any time not exceeding three hours in any one day
beyond the ordinary working hours, provided that the
total number of days in any one year on which in any
shop or at any work in connexion with a shop any such
person is so employed shall not exceed twenty-five.

Provided also that each shop assistant employed
during such extended hours shall be paid not less than payments.
One shilling for tea money on each day overtime is
worked, and shall be paid for such overtime at the rate
of time and a half for every hour or fraction of an
hour so .worked, provided that no such payment for
overtime shall be less than Sixpence per hour or
fraction of an hour.J

The onus of proof that the conditions of this proviso
have been complied with shall in all cases be on the
defendant.

* See page 131.

t A weekly half-holiday for persons employed in shops is provided for in
section 117.

J Provision is made in this and other sections and the regulations for
payment of overtime or tea money, or both, to certain classes of persons
working in excess of t e statutory or regulation number of hours per day or
week, such as males under sixteen years of ace and females in factories
(section 37), employes in Fourth Schedule shops, and others (section 119), and
carters (section 132).

Intervals for
meals.

Previous
employment on
same day.

Penalty.

How hours of
work are to be
reckoned.

By-laws.

Weekly half-
holiday.

Fourth
Schedule.

(3) No person shall be employed in any shop more
than five hours without an interval of at least half-
an-hour for a meal.

(4) No male under sixteen years of age or female
who has been previously employed during the same day
in a factory shall be employed during any day in any
shop or at any work in connexion with a shop for a
longer time than will when added to the time such
person worked in the factory exceed eight hours in the
whole.

(5) The occupier of a shop in which any contraven-
tion of this section occurs shall be liable for the firs*
offence to a penalty of not more than Five pounds and
for every subsequent offence to a penalty of not less
than Two or more than Twenty pounds.

115. Where any person is employed in any capacity
in any shop during any day or week, then all the time
during which such person is employed at any work
whatsoever for the occupier of the shop during such
day or week shall be deemed for the purposes of this
Act to have been time worked in such shop.*

116. Any municipal council outside the Metropolitan
District may if it thinks fit at any time make alter
and repeal by-laws in and for the municipality for
limiting the total number of hours persons may be
employed during the week or during the day and night
in shops other than Fourth Schedule shops allowed to
remain open at night. Such limit shall not be less
than eight hours in each full day and night.

HALF-HOLIDAYS IN SHOPS GENERALLY.

117. Every occupier of any shop wheresoever situated
in Victoria whether in a shire or not other than a
shop of one of the kinds mentioned in the next suc-
ceeding section shall cause and permitf each and every
person employed in such shop (except persons employed
principally as carters or porters) to have and take a
half-holiday from the hour of one o'clock in the after-
noon of some day in each week other than a Sunday.

* For similar provision as to factories see section 44.

t The word "permit" in this section means "give permission to," and
it is the duty of the employer to do some act to determine the days on
which his employes may have the half -holidays. — Martin v. McCann, 22
V.L.R. 553, 3 A.L.R. 59, 18 A.L.T. 226.

Employers must not only allow each employe1 to have a weekly half-
holiday, but also see that such half-holiday is actually taken.— EUit T.
Hartley, 27 V.L.R. 31, 7 A.L.R. 125, 23 A.L.T. 2.

See section 104 as to penalty.

HOURS OF WORK AND HALF-HOLIDAYS IN FOURTH
SCHEDULE SHOPS, HOTELS, CLUBS, ETC.

118. Except as hereinafter provided no female shall

be employed for more than fifty-six hours and no male certain shops,
for more than fifty-eight hours excluding meal times *c-
in any one week —
(a) in any —

coffee palace,

confectionery and pastry shop, So1 sow

eating-house,

fish or oyster shop,

flower shop,

fruit and vegetable shop,

bookseller's and news agent's shop,

cooked meat (other than tinned meat) shop,

hotel,

premises for which an Australian wine licence

or a billiard table licence is in force,
premises which are occupied as a club.

(All of which are for the purposes of this
and the three next succeeding sections
hereinafter referred to as " shops "); or

(6) in the trade or business of a caterer.

119. Any person employed in any such shop or trade Overtime,
or business may with the written consent of the chief
inspector be employed overtime for any time not ex-
ceeding ten hours in any one week:

Provided that —

(a) the number of weeks in any year in which

any person is so employed overtime shall
not exceed six;

(b) an overtime rate of time and a half shall be

paid;

day overtime is worked.*

120. In cases where any of such shops are usually whole holiday
kept open or such trade or business is usually carried £ b? given °]
on, on all the seven days of the week, the person having in each week-

.the management thereof shall cause and permit each
person employed therein to have and take in each week

* Payment of overtime and tea money is also provided for in other cases,
e.g., males under sixteen years of age and females in factories (section 37),
shops generally (section 114). and carters (section 132).

Exceptions.

8. 11 (3)

NO. 3048

Power* of

inspectors.

ibid.

a whole holiday of twenty-four hours commencing at the
usual hour of beginning work on such day in each week
as the manager in the case of each such person thinks
fit.

Provided that between the first day of December in
each year and the last day of February next following
in all parts of Victoria situate more than ten miles
from the Metropolitan District a half-holiday only as
provided in the next succeeding section need be given.

121' ^n a^ other cases included in section one hun-
dred and eighteen and not provided for in section one
hundred and twenty the person having the management
of the shop or trade or business shall cause and permit
each such person to take a half-holiday from the hour
of two o'clock in the afternoon of Monday, Tuesday,
Wednesday, Thursday, Friday, or Saturday in each
week.

INSPECTION OF SHOPS.

122. Every inspector shall* for the purposes of
{-}16 execution of this Act have power to do all or any of
the following things, namely : —

(a) to enter for the purposes of this Act at all rea-

sonable times any shop and to examine
either alone or in the presence of the occupier
any employe with respect to such matters
under this Act as relate to shops ;

(b) to enter inspect and examine at all reasonable

times by day or night any place whatsoever
when he has reasonable cause to believe that
any person is employed therein at work for
which a Wages Board has fixed prices or
rates;

books wherein an account is kept of the
actual wages (whether by piece-work or not)
paid to any individual employe in any place
to which the Determination of any Wages
Board applies and to take copies or extracts
from the same ;

(d) to require the production of the certificate of

registration books registers certificates notices
lists and documents kept in pursuance of this
Act or of any regulations made hereunder
and to inspect examine and copy the same :

• For powers as to factories see sections 18-20.

• 61

(c) to examine either alone or in the presence of
the employer his agent or servant with re-
spect to matters under this Act every person
whom the inspector has reasonable cause to
believe to be or to have been within the pre-
ceding two months employed at work for
which a Wages Board* has fixed prices or s. 2 NO. 3048.
rates and to require such person to be so ex
amined anH to sign a statutory declaration as
to the truth of any statements made by him
as to the matters respecting which he is so
examined ; and

(/) to exercise such other powers as may be neces-
sary for carrying this Act into effect.

123. (1) Every inspector when entering inspecting inspector may
and examining any shop pursuant to any of the pro- {J® accompanied
visions of this Act may take "with him into such shop interpreter.
any person who in the opinion of such inspector is
qualified to act as an interpreter.

(2) Any inquiry or requisition to any occupier or his Effect of
agent or employe or any person made on behalf of such interpreted." by
inspector by the person so acting as interpreter shall for

all purposes be deemed to have been actually made by
the inspector, and the answer thereto when made by an
occupier . agent employe or person to the person acting
as interpreter shall be deemed to have been actually
made to the inspector.

(3) Any person who obstructs any person so acting obstruction of
as an interpreter shall be deemed to have obstructed tin interPreter-
inspector in the execution of his duties and shall tt
punishable accordingly, f

124. (1) Every person who — Obstruction of

v •,« i inspector.

(a) wilfully delays an inspector in the exercise of

any power under this Act, or

(b) fails to comply with a requisition of an in-

spector made under any such power as afore-
said, or to produce any certificate of regis-
tration book register certificate notice list or
document which he is required by or in pur-
suance of this Act to produce, or

before or being examined by an inspector or
attempts so to conceal or prevent a person,

* The appointment of Wages Boards is dealt with in section 133 and
several following sections.
t Penalty— Section 236.

62 '

Evidence.

Notice of
occupation of
uhops.

Content* of
notice.

Registration.

No fee tor
small shops.

"Year" for
which shop
registered.

shall be deemed to obstruct an inspector in the execution
of his duties under this Act.*

(2) No person shall be required under this section or
the two last preceding sections to answer any question
or give any evidence tending to criminate himself.

REGISTRATION OF SHOPS, f
125. (1) Every person or body of persons —
going into or being in occupation of any shop shall
within fourteen days of such going into or
being in occupation; or

in occupation of any building or place which be-
comes for the first time or after a period of
disuse again becomes a shop shall within four-
teen days of such building or place becoming
or again becoming a shop,

serve on the chief inspector at his office a written notice
in the prescribed form. J

(2) Such notice shall specify —

particulars of the names of such person or body of
persons and a description of the shop ;

the place where such shop is situate;

the classes or kinds to which such shop belongs;

the name of the person or body of persons under
which the business of the shop is carried on ;
and

such other particulars as are prescribed.

(3) If it is shown that all the requirements of this
Act have been fulfilled the chief inspector shall register
such shop and issue a certificate of such registration on
payment of the registration fees as hereinafter provided.

(4) No fee shall be payable for shops registered under
section ninety.

(5) The year for which shops are registered shall begin
on the first day of March and end on the last day of
February next following, and the annual fee shall be
payable on the first day of March in each year; but
when any shop is first occupied after the thirty-first day
ot August in any year the fees to be paid on registration
for the current year shall be one-half of the annual fees.

* Penaltv— Section 236.
t A "Shop "is—

(1) Any place, stall, tent, vehicle or pack in which goods are offered or

exposed for sale by retail.

(2) Any one of the following places : —

Hairdressers' or barbers' rooms.

Boot repairers' shops.

Dyers and clothes cleaners' rooms.

In order to register a shop or renew the registration annually, application should
be made to the Department of Labour or the nearest police station for the
necessary form. This should be carefully completed and posted together with
the registration fee to the Secretary for Labour, Spring- street, Melbourne.
The scale of fees will be found on page 63.
$ Regulation, page 136.

(6) Any person or body of persons in occupation of Penalty for non-
any shop not registered as required by this Act shall be reslstration-
liable to a penalty of not more than Ten pounds.

(7) The following shall be the scale of fees:— scale of fees.
Every shop in which more than sixty persons are

employed Three pounds and three shillings per

annum.
Every shop in which more than thirty and not

more than sixty persons are employed Two

pounds and two shillings per annum.
Every shop in which more than ten and not more

than thirty persons are employed One pound

and one shilling per annum.
Every shop in which more than six and not more

than ten persons are employed Ten shillings

per annum.
Every other shop Two shillings and sixpence per

annum.

(8) Nothing in this section shall apply to hawkers or Hawkers and
nerHprs Pedlers

lers- exempted.

23 (Act No. 3048). Notwithstanding anything con- *xrc|Jj|t[J!lMJ[ed
tained in the Factories and Shops Acts no fees shall be Sailfesffom861
payable in respect of any dairy which holds an annual fccs>
licence as a dairy under the "Dairy Supervision Act
1915. "

RECORD OF EMPLOYES, ETC., TO BE KEPT IN SHOPS, ETC.

126. (1) Every occupier of a shop and every employer Record of
of any person engaged in any process trade business or
occupation which is or may become subject to the pro-
visions of a Wages Board shall make a true record in s. 2 NO. 3048.
such form and giving such particulars as may be pre-
scribed as to the names work and wages of the persons
employed by him and the name and age of every such
person who is under twenty-one years of age, and such
record shall be produced for inspection whenever de-
manded by the inspector and shall be forwarded annu- power to obtain
ally to the chief inspector at such time as may be pre- records-
scribed or whenever demanded for the purpose of pre-
paring statistics for the information of either House of
Parliament in connexion with the appointment of a
Wages Board. ibid.

(2) There shall be kept printed painted or affixed in information to
legible Roman characters in some conspicuous place at or ^Oposted in
near the entrance of each and every shop, and in such

Name of
occupier to be
posted outside
shop.

Penalty.

Restrictions of
hours of
carting and
delivery of
goods, &c.

Exemptions
from restrictions
of hour? of
carting and
delivering of
goods.

other parts as an inspector from time to time directs,
and in such a position as to be easily read by the per-
sons employed in such shop a notice containing —

(a) the name and address of the inspector for the

district ;

(b) true copies or abstracts of such parts of this

Act and the regulations as may be prescribe'!,
or as may be directed by the Minister.

(3) There shall also b© kept printed painted or affixed
in legible Roman characters, in such place as an inspector
may direct or approve, near to the outside of the prin-
cipal outer door of every shop the name of the occupier
thereof, or if such occupier is a company the registered
name of such company, or if such occupier is a firm of
persons the firm name of such firm.

(4) Any person contravening any of the provisions of
this section shall be liable to a penalty of not more than
Twenty shillings for every day during which any of the
said provisions are not complied with.

PART VI.— CARTING AND DELIVERY.

127. (1) (a) No person shall cart or deliver or per-
mit any other person in his employment to cart or de-
liver any goods wares merchandise or materials whatso-
ever before half -past seven o'clock in the morning nor
after half-past seven o'clock in the evening on any Mon-
day, Tuesday, Wednesday, or Thursday nor before half-
past seven o'clock in the morning nor after nine o'clock
in the evening on any Friday nor before half -past seven
o'clock in the morning nor after half -past one o'clock
in the afternoon on any Saturday.*

(b) The restrictions contained in this sub-section
shall not apply to —

Cab drivers ;

Persons driving tramway cars or motor omnibuses

for conveying passengers;
Persons carting or delivering perishable articles of

human food ;

Persons delivering parcels of laundry-work ;
Persons carting flowers to market;

* Carters and carting are regulated— speaking broadly — in three ways: —

(1) As to the time of day during which carting may be carried on. —

By this Section.

(2) As to the number of hours a carter may work in one week and as

to his weekly half -holiday. By Regulations. See page 154.

(3) As to wages, overtime rates, and general conditions of work. —

By the Determination of the Carters Wages Board.

See section 5 ante for the area to which this section applies and section 241 for
penalty.

Persons -carting newspapers;

Persons carting materials tor the repair of tram*
ways;

Persons carting materials for repairing purposes in
case of a breakdown in connexion with water-
works sewerage works electric light works gas-
works or any other public utility or of any
plant in a factory which would otherwise have
to be closed either forthwith or during the
next working day for repairs;

Persons carting bones and meat refuse from
butchers' shops;

Persons removing dead animals; or

(From the first day of November in any year to
the fifteenth day of April next following) per-
sons delivering aerated waters cordials or ice.

(2) On the evening immediately preceding a public
holiday cartage or delivery may be continued until
ten o'clock.

(3) Any person may if permitted in writing* by the Permission to
chief inspector be employed in such carting or delivery afte?hours.
either before or after the hours mentioned in this sec-
tion provided that such person is, paid at the rate of

Two shillings for each hour for such carting or
deli very, f

128. Nothing in this Act shall be taken to prevent
any person who has carted any goods wares merchandise
or materials whatsoever from outside completing his
journey in any city or town or in any borough or part
of a shire to which this part of this Act has been ex-
tended after the hours stated in the last preceding sec-
tion to the extent only of taking the horse or other
animal cart and goods into a yard but such goods shall
not be unloaded until the next day.J

* Full reasons should be given in support of the application for these permits,
as they are granted very sparingly. They are net granted for carting in the
ordinary course of business, but only in exceptional cases of great urgency, such
as considerations of public safety, the late arrival of steamers, and so on. Care
should always be taken to supply the full name of the driver, as the permit is
granted to him. The carter should have the permit in his possession, as its pro-
duction may be demanded by an inspector of factories or a constable of police.

t Compare section 132 post as to employment beyond the hours allowed by
regulations. Such regulations will be found at p. 154.

% " If the carting has commenced outside a city town . . ., that is, roughly
speaking, if it has commenced frcm a place where the limitation of hours is not
as a rule in force, the carting may be continued so far as to reach the shelter of

a yard in a city town , but no unloading must take place till the

next day. The provision is apparently primarily intended foi country districts
and not'for two adjacent cities in the metropolitan area." — Mr. Justice Isaacs in
Pemberlon v. Banfield, 18 A.L.R. 489.

14850,— 3

Limitation of

Weekly

half-holiday for
carters.

Time-book for
carters or
stablemen.

S. 2 No. 3048.

129. The Governor in Council may make regulations'*
to have effect within the Metropolitan District and all
cities and towns —

(a) limiting the total number of hours in the week

during which any person may be employed
for wages as a carrier or carter in carrying or
delivering any goods wares merchandise or
materials whatsoever or in assisting any such
carrier or carter; and

(b) providing that every person (with such excep-

tions as may be stated in any such regula-
tion) so employed shall during such hours
as may be specified in the regulation have a
half-holidayf on Saturday in each week in
the Metropolitan District or on the day on
which the usual half-holiday is observed in
any city or town outside the Metropolitan
District. Any such regulations may also
specify the hours during which any person
so employed who is so excepted shall have
a half-holiday on some day in each week
other than a Sunday. This paragraph
shall not apply to any person employed in
delivering 'bread.

Where any person is employed as a carrier or carter
or in assisting a carrier or carter during any day or
week then all the time such person is employed at any
work whatsoever by his employer shall be deemed for
the purposes of this section to be time worked as a
carrier or carter or in assisting such carrier or carter (as
the case may be).

130. Any person employing a carter or stableman for
the purposes of any trade or business subject to a De-
termination of a Wages Board shall keep or cause to
be kept a time-book in which such carter's or stable-
man's hours of commencing and ending work shall be
entered from day to day by every person so employed ;
and such time-book shall be produced for inspection
whenever demanded by an inspector.

Where the number of carters or stablemen so em-
ployed exceeds six, cards containing the same par-
ticulars as the time-book may be kept. It shall be the

* The regulations will be found at p. 154.

t The employer under a regulation following the words of this section is
bound to see that the carter has a half-holiday. — Dangerfield v. McDonald and
Co., 1914 V.L.R. 357.

duty of the employer to cause the particulars on the
cards to be transcribed into a time-book and to preserve
the cards for the purposes of verification.

Every such book or card shall be in the form pre-
scribed.

131. No shopkeeper shall require or permit any im- Hours during
prover employed in the business carried on by such ^p^^ in
shopkeeper to cart or deliver goods for a longer time shops may be
than twenty-six hours out of the total number of
working hours in any week.

132. Where in pursuance of regulations any carter Payment f0t.

is with the written permission of the chief inspector overtime to

i it- j • i .LI i i '• i carters,

employed for any time beyond the hours named in such

regulations,* each carter who works such overtime shall
be paid not less than sixpence for tea money on each
day overtime is worked and shall be paid for such
overtime at the rate of time and a half for every hour
or fraction of an hour so worked, provided that no such
payment for overtime shall be less than sixpence per
hour or fraction of an hour. The onus of proof that
the conditions of this section have been complied with
shall in all cases be on the defendant.

PAKT VII.— WAGES BOARDS.
DIVISION 1.— APPOINTMENT OF BOARDS.

133. (1) Every Wages Board purporting to have Existing Board
been appointed prior to the commencement of this Act cc

shall be deemed to have been validly appointed.

(2) Where a resolution is or has been passed by both Power to
Houses of Parliament declaring that it is expedient to
appoint any Wages Board to determine the lowest
prices or rates which may be paid to any person or per- occupation,
.sons or classes of persons employed in any trade or ibid,
any group of trades specified in the resolution or where
any Wages Board has prior to the commencement of lbld-
this Act been appointed for any process trade business

* Such regulations have been made under the powers conferred by
section 129. This permission is entirely distinct from the permit to work
otitside the daily statutory hours referred to in section 127 ante, and in
some cases it would be necessary to obtain a "permit" under the latter
section and "permission" under section 132. But in any case the employe
must receive a half-holiday in every week, as no authority exists for
granting a permit to deprive him of that privilege. The permission granted
under section 132, unlike that under section 127, is granted to the em-
ployer, and no particular employe is named in it.

Provision has also been made as to payment of overtime and tea money
in other cases, e.g., males under sixteen years of ago and females in
factories (section 37), shops generally (section 114), Fourth Schedule shop
employes and others (section 119).

or occupation or any group thereof the Governor in
Council may if he thinks fit from time to time —

s. 2 NO. 3048. (a) appoint one or more Wages Boards for any

one of such trades or for any branch or
branches thereof or for any group or groups
of trades; and

ibid. (b) direct that any Wages Board may in any re-

gulation determination order instrument or
legal proceeding be described for all pur-
poses by some short title.

(c) define the area or locality (including the whole
or any part or parts of Victoria)* within
which the Determination of each of such

|J»id. Wages Boards shall be operative; and ex-

tend or re-define any such area or locality ;
and

ind. (d) as between any two or more Wages Boards,

adjust the powers which such Boards or any
of them may lawfully exercise, and for that

ii»i<i- purpose deprive any Wages Board of any of

its powers and confer them upon any other
Wages Board.

(3) When any Wages Board is deprived of any of
its powers pursuant to this section any Deter minatiou
thereof or of the Court of Industrial Appeals made
before such deprivation under any power of which the

iwd. Wages Board is deprived shall continue in operation

until superseded by a Determination of the Wages
Board upon which such power is conferred, and upon
such Determination being made shall cease to have
effect.

(4) Where under this section the area or locality
iwd. within which the Determination of any Wages Board

is to be operative is extended so as to include any part
or parts of Victoria outside the Metropolitan District
or outside any city town or borough the Governor in
Council if in any case he thinks it necessary may appoint

JWd. a new Wages Board to take the place of the Wages

Board the operation of whose Determination is so
extended.

i&id. (5) Where any new Wages Board is so appointed any

Determination of the Board whose place it takes or of
the Court of Industrial Appeals theretofore made shall
within the area or locality for which the Determination
was made continue in operation until superseded by a

* Compare limitation as to certain occupations in section 9.

Determination of the new Wages Board and upon such s. 2 HO. 3048.
Determination being made shall cease to have effect.

(6) Each Wages Board shall consist of not less than
four nor more than ten members and a chairman.

134. In this Part and in Parts VIII. and IX. and Definition of
in or in connexion with the Determination of any g 2 Hfc '2875
Wages Board or of the Court of Industrial Appeals $ 2 Ho] 3048|
" trade " includes " process " or " trade " or " business "

or " occupation " or all or some of them as the case may
require.

135. (1) The Governor in Council may by an order Power j,o extend
published in the Government Gazette extend the powers Boa?d.0
under this Act of any Wages Board so that such IMA,
Board may fix the lowest prices or rates for any

trade or part of any such trade which in the opinion
of the Governor in Council is of the same or similar
class or character as that for which such Board was
appointed, and such Board shall as regards the trade
mentioned in the extending Order in Council have all
the powers conferred on a Wages Board by this Act.

(2) A copy of the Government Gazette containing an Evidence.
order so extending the powers of a Wages Board shall lbld-
be conclusive evidence of the making of such order and
such order shall not be liable to be challenged or dis-
puted in any Court whatever.

136: (1) One-half of the members of a Wages Board Constitution of
shall be appointed as representatives of employers and Bos
one-half as representatives of employes.*

(2) The representatives of the employers shall be bond
fide and actual employers in the trade concerned, or
shall have been so for six months during the three
years immediately preceding their appointment and the
representatives of the employes shall be actual and bond
fide employes in such trade or shall have been so for
six months during the three years immediately preced-
ing their appointment.

(3) All the representatives of employers and employes Members of
respectively nominated for any Wages Board shall re- ^locality ."*"
side in the area or locality to which the Determination ibid.

of the Wages Board is to be applied; and if any such
representative ceases to reside as aforesaid he shall
thereupon cease to be qualified as and shall cease to be
a member of the Board.

* On the Wages Board for Men's and Boys' clothing, the employers' represen-
tatives must consist of three representatives of makers of ready-made clothing,
•aud two of makers of order cloth ina, — <Sf« sp<*t.ion 1«2.*

Representative
of places
outside the
Metropolitan
District.

Appointment
of members of
Wages Boards
If not sufficient
qualified
persons willing
to act.

6. 2 No. 3048.

Term of office
of member or
chairman of
Wages Board.

Ibid.

Removal of
members.

Provision for

appointment

after

nomination of

representative

members of

Wages Board

without

election.

Ibid.

Objections to
nominated
members.
Ibid.

Appointments.
Ibid.

(4) In any case where one-fifth of the employers or
employes in any trade carry on or are engaged in such
trade outside the Metropolitan District?* as denned in this
Act one at least of the persons so nominated as repre-
sentatives of employers and one at least of the persons
so nominated as representatives of employes shall be a
person who resides and who carries on or is engaged
in or has carried on or been engaged in (as the case
may be) such trade outside the said Metropolitan
District.

(5) In any case where after the lapse of three months
from the date of the Order in Council for the appoint-
ment of any Wages Board the Minister is satisfied that
a sufficient number of qualified employers or employes
cannot be found to act as members of the Board the
Governor in Council on the advice of the Minister may
appoint any persons who have been engaged in the trade
concerned to be representatives of the employers or the
employes on such Board.

(6) (a) Appointments as members of any Wages

Board shall be for three years only, but any
member of a Wages Board may on the ex-
piration of his term of office be re-appointed
thereto ;

(b) The chairman of any Wages Board shall be
deemed and taken to be a member thereof ;
and
(c) The Governor in Council may at any time

remove any member of a Wages Board.
137. (1) Before appointing the members of any
Wages Board the Minister may by notice published in
the Government Gazette nominate persons as repre-
sentatives of employers and representatives of employes
to be appointed as members of such Wages Board, f

(2) Unless within twenty-one days after the date
when such nominations are so published at least one-
fifth of the employers or at least one-fifth of the adult
employes respectively engaged in the trade subject to
such Wages Board give notice in writing to the Min-
ister that they object to the appointment of the per-
sons nominated as their representatives (as the case may

* The Metropolitan District is defined in section 82.

t Although the Minister has power to nominate whomsoever he pleases within
the limitations of section 136, his invariable practice is to consvlt the parties
interested. It is opea for • ny person or association to forward the n?mes of
persons suitable for nomination. If such n mes exceed the number to be
appointed, the Minister m kes a se'ection, and nominates those selected by
publishing their names in the Government Gazette.

be) then such persons so nominated may be appointed
members of the Wages Board. s- 2 N«-

(3) For the purpose of furnishing the information Rolls of
necessary for preparing rolls of electors (none of whom electors-
.shall be under the age of eighteen years) for Wages lbld>
Boards in any trade all employers shall send to the
chief inspector their names and addresses and also the
names and addresses of all 'employes not under eighteen

years of age, in the form or to the effect of the Fifth Fifth Schedule.
Schedule, and the chief inspector shall compile voters'
rolls therefrom and each employer and each employe
shall have one vote.

Any employer failing so to forward his name and
address shall not be entitled to vote for representatives
of employers on the Wages Board to be elected. ibid.

Every employe not under eighteen years of age who
produces evidence to the satisfaction of the chief in-
spector that his ordinary occupation when at Work is
employment in any trade in regard to which the lowest
prices or rates of payment are to be determined by any
Wages Board shall notwithstanding that his name and ibid,
address have not been forwarded by his employer be
enrolled as an elector of representatives of employes on
such Wages Board.

(4) The Minister shall decide whether persons nomi- Decision as to
nated as representatives have been objected to by at obiectors-
least one-fifth of employers or adult employes (as the

case may be) and for that purpose he shall accept the
records given by the chief inspector in his latest annual
report.

Provided that in any case where no records are given
in the latest annual report of the chief inspector of
factories with respect to any persons likely to be affected
by the Determination of any such Wages Board the ibid.
Minister if he is satisfied that there is substantial ob-
jection to the persons nominated by him as represen-
tatives of employers or employes on such Wages Board ibid.
and notwithstanding that an objection signed by one-
fifth of the employers or adult employes respectively
engaged in the trade subject to such Wages Board has ibid.
not been lodged may decide that an election shall be
held.

Provision for
election if
nominees
objected to by
one-fifth.

Appointment
nominations.

S. 2 NO. 3048.

Governor in
Conncil may
appoint in
certain cases.

Ibid.

(5) If the Minister is satisfied that at least one-fifth
of the employers or of the adult employes object within
the time aforesaid to the persons nominated as their
representatives or that otherwise there is substantial
objection then such representatives of employers or such
representatives of employes shall subject to the pro-
visions of this Act be elected* in the manner prescribed
by regulations made by the Governor in Council, f

138. If the number of persons nominated as repre-
sentatives of employers or employes (as the case may
be) does not exceed the number of persons to be elected
the persons nominated shall be deemed and taken to
have been elected and shall be appointed by the Go-
vernor in Council accordingly to be members of the
Wages Board.

139. In the event of any vacancy occurring from any
cause whatsoever in any Wages Board the Governor in
Council may without previous nomination or election
appoint a person as representative of employers or em-
ployes as the case may require and the person so ap-
pointed shall be deemed and taken to have been elected
by such employers or employes (as the case may be) ;
and such person shall be so appointed for the unexpired
portion of the term of office of the member who dies or
resigns or is removed. J

Nominations
and

DIVISION 2. — APPOINTMENT OF CHAIRMAN.

140. (1) The members of a Wages Board shall within
appointment of fourteen days after their appointment nominate in

Chairman or ... / . -, . » , ,.

wages Board, writing some person (not being one of such members)
iMd. to be Chairman of such Wages Board, and such person

shall be appointed by the Governor in Council to such

office.

(2) In the event of the Minister not receiving such
nomination within fourteen days after the appointment
of the said members then the Governor in Council may
appoint the Chairman on the recommendation of the
Minister.

* But the members of any Wages Board for the furniture trade shall not be
elected. Section 161.

t The regulations will be found on page 142.

I It is the practice of the Minister to consult the interests of the persons
concerned. It is well for parties interested to be ready with nominations as
soon as a seat on the Board hecomes vacant.

DIVISION 3. — POWERS AND FUNCTIONS OF BOARDS.

141. (1) Every Wages Board in accordance with, the Board to

j r • A ' j. determine

terms of its appointment — lowest rates

of pay.

(a) shall determine the lowest prices or rates of s. 2 NO. 3048.
payment payable to any person or persons
or classes of persons employed in the trade
specified in such appointment.* Such prices
or rates of payment may be fixed at piece-
work prices or at wages rates or both as the
Wages Board thinks fit ; f § lbid-

(6) shall determine the maximum number of hours Board to fix
per week for which such lowest wages rates number of

i n -L T-i T j. j_i hours in week's

snail be payable according to the nature or work,
conditions of the work; and the wages rates
payable for any shorter time worked shalJ
not be less than a pro ratd amount of such
wages rates and in the case of casual labour
not less than such a rate as may be fixed for
casual labour.

* A Board may fix rates for repairing articles. — Section 152 post. For
additional powers as to apprentices and improvers, see section 182 post.

t As to persons under 21 years of age, other than apprentices or improvers,
see section 154 post.

§ It is the duty of Wages Boards, in fixing a minimum wage, and of the Court of
Industrial Appeals in reviewing their decisions, not to fix the very lowest amount
reasonably consistent with existence, but to take the current wage and ascertain
what evil exists under that wage, considering the various surrounding circumstances
and then to fix a fair amount.

The circumstances to be taken into consideration in fixing a minirmim wage
must be of a permanent character. The current wage will not be altered for
some mere passing temporary or fluctuating cause, such as the operation on the
cost of living of a proposed tariff which is being considered by the Legislature
at the time. No change should be made in the determination of a Board or of
the court unless on some ground which may reasonably be considered as permanent,
or at least likely to last for some considerable time.

Wages should not be increased in a particular trade where they compare
favorably with the wages paid in all the other trades in the State, and with those
paid in the same trade in other States.

The court will not make alterations of any sort in industrial conditions without
substantial proof of the existence of some evil, and changes will not be made out
of mere benevolence or upon conjecture founded mainly on hearsay and rumour.

Observations as to raising wages on account of a general increased cost of living.

Observations as to the evidence to be given on the hearing of industrial appeals.
— In re The Bread Board, 13 A.L.R., 589.

Observations as to the fixing of a minimum wage having regard to the skill
or want of skill required in the work performed, to whether the work is heavy or
light, healthy or unhealthy, regular or intermittent, the necessity for special
clothing while the workmen are engaged in it, and the wages payable in other
trades.-- -In re The Ice Board, 16 A.L.U., 46.

Difference of the sex of employes is generally to be considered in fixing their
wages under the Factories and Shops Act.

Under existing legislation and in existing circumstances the court declined
to flx equal rates of pay disregarding sex. It is the duty of Wages Boards and of
the court to inquire into the existing state of things in relation to the wages
paid in any given trade, and to correct anything wrong or anomalous, on practical
grounds, and not with a view to any theoretical or benevolent allotment of
remuneration.

— In re The -Commercial Clerks Board, 19 A.L.R., 142.

Matters to be in fixing such lowest prices or rates tlie Wages

^1^3048. Board shall take into consideration the fol-

lowing matters and may (if it thinks fit)
fix different prices or rates accordingly —
(i) the nature kind and class of the work;
(ii) the mode and manner in which the

work is to be done;

(iii) the age and the sex of the workers;
(iv) the place or locality where the work

is to be done;
(v) the hour of the day or night when the

work is to be done;
(vi) whether more than six consecutive

days' work is to be done;
(vii) whether the work is casual as defined

by the Board;

(viii) any recognised usage or custom in the
manner of carrying out the work ;
and
(ix) any matter whatsoever which may

from time to time be prescribed ;
Apprenticeship (c) may prescribe the form of apprenticeship in-

indenture. v ' % * -, , -

denture to be used;*

Board may (d) when in this Act or any regulations thereunder

orKrs^xed ^ne number of the hours of work per week

by the Act or or the overtime rates of pay are fixed for

regulations. .. r / _TT

ibid. any class or classes of workers, a Wages

Board when exercising in respect of such
class or classes of workers any of the powers
conferred by this section instead of fixing
the said number of working hours per week
or the said overtime rate may fix a different
number of working hours or overtime rate
(as the case may be).

WflxoSJtime (2) Every Wages Board shall fix higher wages rates
rate?.° to be paid for overtime; and for that purpose it shall

ibid. exercise the powers set out in any one but not more

than one of the paragraphs (a) (b) (c) or (d) of this sub-
section : —

Weekly (a) It may fix an overtime rate for any hour or

fraction of an hour worked in any week in
excess of the number of hours determined for
a week's work; or

* An example of a simple form of indenture, which is applicable to all trades,
and has been found to work advantageously to both employer and employ*!
will be found at p. 125.

( b) It may fix the hour of beginning and the Overtime rates

^ ' -i J <> i- i 11 i • where daily

hour or ending work on each day ; and in hours of
that case shall-

Fix higher wages rates to be paid for any fixed.
hour or fraction of an hour worked
in any week —

(i) outside the hours so fixed;
(ii) 'within the hours so fixed m
excess of the number of hours
determined for a week's work;
or

of ending each shift; and in that case shall— £xheedre sl
Fix the rate to be paid for work done on

each shift; and

Fix a higher rate to be paid for each hour
or fraction of an hour worked by any
employe before or after his shift; or

(d) It may fix a higher rate to be paid for any overtime rates

hour or fraction of an hour worked on any
day in a factory before or after the ordinary
working hours of the factory.
12 (Act No. 3048). It is hereby declared that any Powcrof wages
Wages Board heretofore or hereafter appointed with

regard to the making of bread may (without limiting

the generality of its powers under the Factories and employ's0

Shops Acts) fix the lowest prices or rates to be paid to

employes in the trade varying according to whether Jr0JjlgJ*n'Jhen

the work performed is done during or before or after w

any specified hours of the day or night.

(3) In addition to the powers conferred by this sec- special rates
tion every Wa£es Board may exercise either or both {SfiJjJ^8 and
of the following powers namely : — s. 2 NO. 3048.

(a) It may fix special rates for work to be done on

a Sunday or public holiday;* or

(b) It may fix special rates to be paid to any For time

employe who works away from his em- travdHnVto
plover's place of business for time occupied and from work.
in travelling between the employer's place
of business and work or between the em-
ploye's residence and work.

* The only days which a Wages Board has power to name as public holidays
are :— 1st January (New Year's Day), 26th January (Foundation Day), Good
Friday, Easter Saturday, Monday, and Tuesday, 21st April (Eight Hours Day),
3rd June (King's Birthday), first Thursday in September (Royal Agricultural
Show Day), in localities named in the Royal Agricultural Show Act, 25th
December' (Christmas Day), and 26th December (Boxing Day).

(4)* " Casual work " or " casual labour " shall mean
work or labour during any week for not more than one-
s. 2 NO. 3048. half the maximum number of hours fixed by the Wages
Board in respect of any particular trade and the De-
termination of any Wages Board with respect to casual
work shall always be subject to this provision.

piece-work 142. Where pursuant to this Act by any Deter-

byi(wageesn fixed niination of a Wages Board both a piece-work price
Board to be and a wages rate are fixed for any work, the piece-work
r?£d0nwages price shall be based on the wages rate; but no Deter-
ibid, mination shall be liable to be questioned or challenged
on the ground that any piece-work price is a greater
or less amount than such price would be if based upon
the wages rate.

Outside work to 143. For wholly or partly preparing or manufactur-
priSTSii*0*15 ing outside a factory articles of clothing or wearing
apparel or boots or shoes a piece-work price only shall
be fixed, and the Board shall on request of any occu-
pier of a factory or shop or place fix a wages rate for
any work done by persons operating at a machine used
in such factory or shop or place.

piece-work 144. (1) Any Wages Board instead of specifying the

8"edby*yb< lowest piece-work prices which may be paid for wholly
manufacturer or partly preparing or manufacturing any articles may

in certain cases. 1w,-J1,i- ij .J

ibid determine that piece-work prices based on wages rates

fixed by such Wages Board may be fixed and paid
therefor subject to and as provided in the next suc-
ceeding sub-section.

Pric?s~torbe (2) Any employer f who pursuant to such Determina-

based on & tion fixes and pays piece-work prices shall base such

•Iv3aT worker piece-work prices on the earnings of an average worker

. working under like conditions to those for which the

lbw* piece-work prices are fixed and who is paid by time at

the wages rates fixed by such Wages Board. Every such

employer shall if required by the chief inspector so to

do forward a statement of such prices to the chief

inspector.

* A permanent employe who works continuously for one-half or less than
one-half week's work te a casual within the meaning of this section. — Hall r.
The Centreway Cafe. 22 A.L.R. 323.

" t Employer " means a person who, in regard to any person for whom piece-
work prices are fixed, stands in the relation of employer to an operative, and the-
sub-section does not apply to the case of a contract between two independent
persons not standing in that relation to each other.

Held, therefore, that a merchant who contracted with the registered occupier
of a factory for the manufacture by the latter of articles of clothing out of material
supplied by the merchant, at a certain price per dozen, could not be convicted
of an offence under this or the next sub section. — Beath, Schiess and Co. v. Martin,
2 C.L.R., 716.

(3) Any person who having fixed a piece-work price ™ken piece-

* • • "ii • 1 1 i • j i • i * J_T wont price

as in this section provided either directly or indirectly fixed, offering
or by any pretence or device pays or offers or permits J^ncJ™06 **
any person to offer or attempts to pay any person a
piece-work price lower than the price so fixed by such
first-mentioned person or who refuses or neglects to
forward a statement of such prices when required to
do so by the chief inspector shall be deemed to be
guilty of a contravention of the provisions of this
Part.*

(4) In proceedings against any person for a contra- Proof that ^
vention of the provisions of the two last preceding sub- corresponds to
sections of this section the onus of proof that any piece- wag°s rate-
work price fixed or paid by such person is in accordance

with the provisions of such sub-sections shall in all cases
He on the defendant.

145. When in any Determination a Wages Board ^ff™£dden
has fixed a wages rate only for wholly or partly pre- wnere Board
paring or manufacturing either inside or outside a fac- ^° ^eflxed
tory any articles or for doing any work then it shall s 2 No 3'048 -
not be lawful for any person to pay or authorize or

permit to be paid therefor any piece-work prices, and
the receipt or acceptance of any piece-work prices shall
not be deemed to be payment or part payment of any
such wages.

146. When in any Determination a Wages Board Effect on piece

, r> -, i ^ ,, in j i work price of

lias fixed piece-work prices tor wholly or partly pre- varying
paring or manufacturing any articles and in the descrip- course,
tion of the work in respect of which such piece-work lbid-
price is to be paid such Board enumerates several opera-
tions, and when any one or more of such operations is
by the direction or with the expressed or implied con-
sent of the occupier of the factory or his manager or
foreman or agent omitted, such omission shall not affect
the price to be paid in connexion with the particular
work, but such price shall, unless otherwise provide^
in such Determination, be that fixed as the price for
the whole work described.

147. Notwithstanding anything contained in this Act
the price or rate of payment to be fixed by any Wages _

Board for wholly or partly preparing or manufacturing work pnoTanJ
any article of furniture f shall wherever practicable be JiJ^
both a piece-work price and a wages rate. The piece- ibNL
work price shall be based on the wages rate fixed by
such Board.

* Penalty, section 226.

t For additional powers of Furniture Board, see sections 152 and 150 post.

Special rates for
iged infirm or
low workers.

?.2 No. 3048.

Exercise of
powers.

Ibid.

Effect of
vacancy.

Ibid.

Power of
chairman of
Wages Board to
Administer
oaths.

Ibid.

Power of
Wages Boards
as to repairing.

Ibid.

148. Where it appears to be just and expedient
special wages rates may be fixed for aged infirm or slow
workers by any Wages Board.*

149. All powers of any Wages Board may be exer-
cised by a majority of the members thereof.

150. During any vacancy in a Wages Board (other
than in the office of chairman) the continuing mem-
bers may act as if no vacancy existed, provided no
member of the Board objects, f

151. The chairman of any Wages Board may require
any person (including a member of a Wages Board)
giving evidence before a Board to give his evidence on
oath and for such purpose shall be entitled to ad-
minister an oath accordingly to such person.

152. A Wages Board shall have power to deter-
mine the lowest prices or rates to be paid to any person
or persons or classes of persons employed in repairing
any articles with respect to which such Board may
make a Determination.

Experience of 153. Where by the Determination of a Wages Board

how'wSated. tne wages of an apprentice or of an improver are to

ibid. vary in accordance with his experience or length of

employment in his trade, then for the purpose of deter-

mining the wages he is entitled to receive, any time

during which such apprentice or improver has worked

at his trade shall be reckoned in his length of employ-

ment in such trade.

consideration of 154. When fixing the wages rate to be paid to per-
experienceof sons (other than apprentices or improvers) under

voung workers. r. ,. ,r /

jd twenty-one years of age for any particular class of work

any Wages Board may fix different rates having regard
to the length of experience of sucli persons in such par-
ticular class.

155. ]STo Wages Board shall sit during ordinary
workiug hours in any trade except by mutual agree-
ment of the representatives of the employers and em-
ployes on the Board, or by the direction of the Minister.

* Very few Boards have exercised their powers under this section. Under
section 202 the Chief Inspector can grant a licence to an old, slow, or infirm
worker to work for less than the minimum wage, but it is questionable whether
in case a Board had fixed rates, the Chief Inspector could legally grant a licence
to work for anything less than the rate fixed by the Board.

t In practice the Boards do not usually decide important points during a
vacancy.

Wages Board

exceptby

DIVISION 4. — MISCELLANEOUS PROVISIONS AS TO

Wages BOARDS. s. 2 NO. 3048.

The *Special Board heretofore appointed with re- Additional
gard to articles of furniture may also determine the JJ!^1^*
lowest prices or rates which may be paid to female Board,
workers employed as upholstresses whether as carpet
hands table hands or drapery hands, also to male per-
sons employed in planning and laying carpets or lino-
leums or floor cloths or fixing draperies or making and
fixing window Venetian and wire blinds if a resolution
has been passed by both Houses of Parliament declar-
ing it is expedient for the *Special Board so to do.

157. (1) The *Special Board heretofore appointed ^f^'f
and called the Coal Miners Board may if it thinks fit as places in coal
part of its Determination make rules regulating the mines-
cavilling for places which are worked at piece-work

prices on any coal mine.

(2) Such cavilling shall be carried out by the em-
ployes affected.

(3) Any person guilty of any contravention of any
such rules or of any failure to carry out the decision
or requirements of any such cavil shall on information
laid by any person aggrieved be liable on conviction .by
any Court of Petty Sessions consisting of a Police
Magistrate with or without Justices to a penalty not
more than Fifty pounds.

158. (1) *Special Boards may be appointed in order Rates fixed by
to determine the lowest prices or rates which may be SSne^dSvers
paid to any person or persons or classes of persons &c engineering

J T T . r..M ,, . blacksmithing

wheresoever employed in either the whole or any part and general
of the iron- working trade (for which a * Special Board ^eTsede^ates

has not been constituted) including — fixed by other

, x . ' Boards lor same

(a) engineering, classes of

(b) boilermaking, employes.

(d) general iron work.

(2) The lowest prices or rates which may be deter-
mined under and pursuant to this Act by any *Special
Board appointed —

in the occupation of a fireman boiler attendant or
engine-driver in connexion witli the use of
Hteam-engines or boilers other than steam-
engines or boilers connected with mines; or
under the provisions of paragraphs (a), (6), (c),
(d) of sub-section (1)

* These may now be referred to r.s Wapes "Board?*— 'Section 2 Act 3048.

for any person or persons or classes of persons shall be
the lowest prices or rates to be paid to such person
or persons or classes of persons wheresoever employed,
notwithstanding that any other rates are determined
with respect to such person or persons or classes of
3.2 NO. 3048. persons by any other Wages Board.
Extension of 159. (1) Any *Special Board appointed —

J5J.*81 (a) in the occupation of a fireman boiler attendant

engine-drivers. or engine-driver in connexion with the use

of steam-engines or boilers other than
steam-engines or boilers connected with
mines; or

(b) in the occupation of a fireman boiler attendant
or engine-driver in connexion with a steam-
engine or boiler in or about mines of every
kind,

is hereby given power to determine the lowest prices
or rates which may be paid to any person or persons or
classes of persons employed in the occupation of
assistant engine-driver .greaser or trimmer in connexion
with the use of steam-engines or boilers.

(2) Such * Special Board may exercise all the powers
conferred on * Special Boards under this Act so far as
any person or persons or classes of persons mentioned
in this section are concerned.

Extension of 160. (1) The *Carters Board appointed on the first

Carters °f Board. ^a7 °^ December One thousand nine hundred and nine
is hereby given power to determine the lowest prices
or rates which may be paid to any person or persons
or classes of persons employed in or in connexion with
any stable (other than a livery stable) in which are
stabled the horses used in his business trade or occupa-
tion by any person subject to the Determination of the
said *Special Board.

(2) Such * Special Board may exercise all the powers
conferred on *Special Boards under this Act so far as
any such person or persons or classes of persons men-
tioned in this section are concerned.

SrfSnfatte *^' Notwithstanding anything contained in this- Act

trade to be the members of any *Special Board to determine or fix

SSthouted khe lowest price or rate which may be paid to any person

election. for wholly or partly preparing or manufacturing any

particular articles of furniture shall not be elected, and

the' Governor in Council may from time to time appoint

such *Special Board.

"These may now be referred to as Wages Boards — Section 2 Act 3048,

162. In the caso of the *Special Board for Men's and
Boys' Clothing, the representatives of the employers
shall consist of three representatives of makers of ready-
made clothing and two of makers of order clothing, and
the rolls for any election of such respective representa-
tives shall be prepared and votes given in such manner

-as may be prescribed.

163. The *Special Board called the Irpnmoulders efthe
Board appointed on the seventeenth day of December ironmouideni
One thousand nine hundred and one is hereby given

power to determine the lowest prices or rates which may
be paid to any person or persons or classes of persons
employed in the trade of a steelmoulder and to exercise
all the powers conferred on * Special Boards under this
Act so far as the trade of a steelmoulder is concerned.

164. (1) The *Special Board heretofore appointed

and called the Hotel Employes Board is hereby given Employ*

• ,1 Board.

power to either —

(a) fix prices and rates to be paid to employes
without taking into consideration either
board or lodging; or

(&)' fix prices and rates to be paid to employes
varying according to whether full or partial
board or lodging is received by the employe.

(2) When the Board makes a Determination having
exercised either of these powers it shall be an offence for
any employer to accept any payment from any employe
under the jurisdiction of the said Board for either

board or lodging.

. . '

DIVISION 5. — DURATION PUBLICATION AND APPLICATION

OF DETERMINATIONS OF Wages BOARDS AND COURT s. 2 NO. 3048.
OF APPEALS.

165. (1) Any price or ratef determined by any price or rate as
Wages Board shall from a date (not being within thirty ^ma^fnlorce
days of such Determination) fixed by such Board be and until altered by
remain in force until amended by a Determination Of aBoard<

Ibid.

* These may now be referred to as Wages Boards — Section 2 Act 3048.

t Although this section prevents a price or rate coming into force until after
the lapse of thirty days, nothing in the Factories and Shops Acts requires
preliminary notice. In practice, the Department endeavours to give
reasonable notice in the Government Gazette, but there have been instances
when circumstances . have rendered that impossible, and the Determination
has come'into force immediately on being published.

S. 2 No. 3048.

Application of
determination.
Ibid.

Ibid.

Application of
amendment of
determination.

Ibid.

Children of
employer not
affected.

Ibid.

such Wages Board; but such Determination may at
any time be amended or revoked by the Court of In-
dustrial appeals.

(2) The Determination of any Wages Board shall be
signed by the chairman .thereof and published in the
Government Gazette* and shall apply to the area or
locality (including the whole or any part or parts of
Victoria) denned by the Governor in Council as the area
or locality within which the Determination of such
Wages Board shall be operative.

(3) Every amendment of any Determination of any
Wages Board at any time made shall apply to the same
part or parts of Victoria as the Determination amended.

166. ]STo Determination of a Wages^ Board shall pre-
vent the sons or daughters of any employer being em-
ployed by him in any capacity whether he has or has
not the full number of apprentices and improvers and
he shall not be bound to pay his sons and daughters the
rates fixed by any Determination.

Payment of 167. Where any person is employed to perform two or

engaged in two more classes of work to which a rate fixed by a Wages
of work.classes Board is applicable then such person shall be paid in
ibid. respect of the time occupied in each class of work at the

rate fixed by the Board for such work.f

Rate of wages 168. When any person is employed during anv part
throughout day. of ft dfty for an empioyer at work fOr which a Wages

Board has fixed a wages rate then all work whatever done
by such person during such day for such employer
whether inside or outside a factory or shop or place

* There is nothing in this section to indicate upon whom the duty lies of
publishing a Determination in the Government Gazette. Thp amended
Determination of the Hairdressers Board was sent to the Minister of
Labour in December, 1911. The Minister refused to gazette it. Applica-
tion was made to Mr. Justice Cussen for a mandamus. The Judge refused
the application.

t This section imposes the duty upon the employer of paying an employe" in
accordance with the period of time occupied under each Determination, or under
different parts of the same Determination. In cases where several Deter-
minations are operative this may become a difficult matter, and necessitates
the times being carefully kept and properly booked. It was the difficulty
of carrying out the provisions of this section that induced the appointment of
the Country Shop Assistants Board, which fixes a flat rate for all shop
assistants in the districts to which the Determination extends, whether they be
drapers, grocers, or fancy goods sellers, &c., as it was considered impossible to
allocate the time in a country store to each of the many classes of employ-
ment.

Compare section 141 (6) as to payment of a pro ratd amount for less hoar*
worked than those fixed by the Board and section 168.

8(5

whatsoever or wheresoever shall be paid for at the same
wages rate.*

169. There shall be kept printed painted or affixed in Notification of
'legible Roman characters in some conspicuous place at Srl!£™matl011
or near the entrance of each and every factory or shop applicable.
or place to which the Determination of a Wages Board s- 2 No- 3048-
applies, in such a position as to be easily read by the
persons employed therein, a true copy of the Determina-
tion of the Wages Board as to the lowest prices or rates ibid.

of payment determined by such Board, f

170. Where a piece-work price or a wages rate has Employes not

niii-rC • » - - TTT ' T-> f to be paid in

been fixed by the Determination of any Wages Board lor goods or board

wholly or partly preparing or manufacturing either in- and Iod8in8-

side or outside any factory any articles or for doing any

work no person shall either directly or indirectly require

or compel any person affected by such Determination to

accept goods of any kind or board and lodging in lieu of

money or in payment or part payment for any work

done or wages earned and the receipt or acceptance of

any goods or board and lodging shall not be deemed to

be payment or part payment for any such work or of

any such wages.

DIVISION 6. — VALIDITY OF DETERMINATION.

171. (1) If any person desires to dispute the validity Determination
of any Determination of any Wages Board made or Board
purporting to have been made or continued under DeforTth*ble
any of the provisions of this Act it shall be lawful J[f reme Court
for such person to apply to the Supreme Court upon ,bjd '
affidavit for a rule calling upon the chief inspector to

show cause why such -Determination should not be
quashed either wholly or in part for the illegality
thereof; and the said Court may make the said rule
absolute or discharge it with or without costs as to the
Court seems meet.

* A person who performs voluntary service is not employed within the
meaning of section 168 of the Factories and Shops Act 1912.

A girl, who was engaged as a domestic servant, occasionally assisted in
serving customers in her employer's grocery shop, which was under the same
roof as his private residence. Her assistance was quite voluntary, being given
as an act of courtesy to her employer.

Held, that the girl was not ?' employed " in the shop within the meaning of
section 168 of the Factories and Shops Act 1912, and was therefore not entitled
to be paid the wages fixed by the Grocers Wages Board.

Per Hodges, J. — To constitute employment within the section, an agreement
for payment for services is not necessary, but there must be something done for
the employer with his knowledge.

Per Cussen, J. — A person may be employed within the meaning of the
section, although there is no contract of service, but there must be something in
the nature of a recognition of the acts done, and possibly of an expectation that
they would be done. — BaUantyne v. riincMiffe, 21 A.L.R., 34.

t For particulars of other information to be posted up in factories, sea
section 22 ; as to shops, sec section 126.

s. 2 NO. 3048.

Power to
suspend

determination of
any Wages
Board.

Ibid.

Publication of
amended
determination.
Ibid.

Ibid.

Removal of
suspension.
Ibid.

Power to
suspend a
determination
in case of a
strike.

(2) Every Determination of any Wages Board shall
unless and until so quashed have" and be deemed and
taken to have the like force validity and effect as if
such Determination had been enacted in this Act, and,
shall not be in any manner liable to be challenged ov
disputed ; but any such Determination may be altered
or revoked by any subsequent Determination under this
Act.

DIVISION 7. — SUSPENSION OF DETERMINATION.

172. (1) Notwithstanding anything contained in this
Act the Governor in Council may at any time for such
period or periods as he thinks fit not exceeding six
months in the whole by order published in the Govern-
ment Gazette suspend the operation of the Determina-
tion of any Wages Board.* When the operation of any
Determination (whether published in the G over nrnr. tit
Gazette or not) is 'so suspended it shall be the duty of
such Wages Board to forthwith hear receive and examine
evidence as to such Determination, and thereupon such
Wages Board may either adhere to the said Determina:
tion or may make such amendments therein as to such
Board seems proper.

(2) In the event of such Wages Board making any
such amendments such Determination as so amended
shall forthwith be published in the Gorcrnnte.nt Gazette
and shall for all purposes be deemed and taken to be
the Determination of such Wages Board from such date
as may be fixed in such amended Determination, and the
suspended Determination shall thereupon have no
further force or effect.

(3) In the event of such Wages Board notifying the
Minister that such Board adheres to its Determination
without amendment such suspension of the operation of
such Determination shall by an Order in Council pub-
lished in the Government Gazette be revoked from such
date not later than fourteen days as may be fixed in such
order.

173. Where the Minister is satisfied that an organized
strike or industrial dispute is about to take place or has
actually taken place in connexion with any trade as to
anv matter which is the subiect of a Determination of a

* This provision became law on 27th September, 1897, by virtue of section 6
of the Factories and. Shops Act 1897 (No. 1518), and the power of suspension was
exercised on only two occasions. On 25th November, 1897, the Governor in
Council suspended the first Determination of the Boot Board, and on 20tb
July, 1914, suspended the Determination of the Bread Board.

Wages Board or of the Court of Industrial Appeals the $• 2 NO. 3o«.
Governor in Council may by order published in the
Government Gazette suspendf for any period not exceed-
ing twelve months the whole or any part or parts of
such Determination so far as it relates to the matter in
reference to which such organized strike or industrial
dispute is about to take place or has taken place, and
such suspension may at any time by an order published
ID the Government Gazette be removed by the Governor
in Council or altered or amended in such manner as he
thinks fit.

PART VIII.— COURT OF INDUSTRIAL
APPEALS.

174. (1) There shall be a Court of Industrial Appeals court of
for deciding all appeals against a Determination of a
Wages Board and for dealing with any Determination ibid.
of a Wages Board referred to the Court by the Minister.

(2) Such Court shall consist of a President and two Members of the

1-1 Court.

other persons.

(3) A Court of Industrial Appeals consisting of the court
President and of two other persons as aforesaid shall

be constituted from time to time as occasion requires Council.

by Order in Council published in the Government

Gazette. >:,v

(4) (a) The President — President to

(i) shall be such one of the Judges of the Su- o? industrial
preme Court as the Governor in Council Appeals.
appoints ;

(ii) shall be entitled to> hold office as President for
such period as the Governor in Council
thinks fit; and

(iii) shall sit in every Court of Industrial Ap-
peals constituted from time to time.

(b) The two other persons constituting a Court of TWO other
Industrial Appeals shall be such persons as appointed as
are appointed by the Governor in Council
upon nomination as hereinafter provided ;
but they shall act only in the Court of In-
dustrial Appeals for which they are ap-
pointed.

t The power of suspension under section 173 has been exercised on three
occasions. On 13th October, 1913, the Determination of the Builders'
Labourers Board was suspended for six months. The Stovemen Packers and
Sorters' Determination was suspended for six months on 17th February, 1916.
out the suspension was removed on July 24th, 1916. On 16th May, 1916, the
Determination of the Bread Board was suspended for twelve months, but
subsequently an Order was passed removing the suspension from August 8th,
191C.

Nomination of
persons to
represent
employers and
employes on
court.

S. 2 No. 3048.

Ibid.

Default of

nomination.

Vacancies.

President and
two other
persons to
hear appeals
and references.

Remuneration
of persons
representing
employers and
employes
on court.

8. 19 (1) No.
3048.

Registrar.

Rules of
practice.

(5) (a) When a Determination of a Wages Board is

appealed against in accordance with the pro-
visions of this Act or is referred by the Min-
ister for the consideration of the Court of
Industrial Appeals then within twenty-one
days from the date of the appeal or the re-
ference (as the case may be) —

the representatives of the employers on

such Wages Board shall nominate

one person to represent the employers,

and
the representatives of the employes shall

nominate one person to represent the

employes.

(b) Nominations shall be made in writing and shall

be forwarded to the Minister -

• gaged in the trade concerned or who have
been so engaged for at least six months dur-
ing the three years immediately preceding
such nomination shall be eligible for nomi-
nation.

(6) If default is made in nominating an eligible per-
son to represent the employers or the employes (as the
case may be), or if any vacancy in a Court occurs by
reason of death, resignation, incapacity, refusal to act.
or otherwise, the Minister may nominate some similarly
qualified person to represent the employers or the em-
pioyes (as the case may require) on such Court.

(7) The President and the two other persons consti-
tuting a Court of Industrial Appeals shall hear and de-
termine every appeal and reference to such Court ;
and subject to this Act a majority shall decide.

(8) Every person appointed to represent the employers
or the employes on a Court of Industrial Appeals shall
be paid a fee of Two pounds for every full day of attend-
ance at such Court.

(9) (a) Subject to the Public Service Act 1915 the

Governor in Council may appoint a Registrar
of the Court of Industrial Appeals who shall
be an officer of the Department of Labour.
(b) The Registrar shall attend the sittings of the
Court of Industrial Appeals.

(10) The Governor in Council may make general rules
to carry into effect the provisions of this Act with respect
to the Court of Industrial Appeals and in particular

with respect to the summoning of and procedure before
any such Court and the publication of such rules. Sub-
ject to such rules (if any) the Court may regulate its
own procedure.

175. Where any Determination made by a Wages

Board either before or after the commencement of this determnation*.
Act is being dealt with by the Court, such Court shall s. 2 NO. 3048.
consider whether the Determination appealed against
has had or may have the effect of prejudicing the pro-
gress maintenance of or scope of employment in the
trade or industry affected by any such price or rate;
and if of opinion that it has had or may have such
effect the Court shall make such alterations as in its
opinion may be necessary to remove or prevent such
effect and at the same -time to secure a living wage to Living wage,
the employes in such trade or industry who are affected
by such determination.

176. (1) Notwithstanding anything contained in this Appeal to court.
Act a majority of the representatives of employers or

a majority of the representatives of employes on any
Wages Board or any employer or group of employers IWd-
who employ not less than twenty-five per centum of
the total number of the workers in any trade or twenty-
five per centum or more of the workers in any trade,
may at any time in the prescribed* manner appeal
against such determination to the Courtf. For the
purposes of this sub-section the Court shall accept the
records given by the chief inspector in his latest annual
report.

(2) The Minister may without appeal at any time
after the making of a Determination by a Wages Board, IWd-
refer such Determination for the consideration of the
Court, and may also refer any appeal made as herein-
before provided for the consideration of the Court.

(3) No appeal against or reference to the Court of a
Determination which has been published in the Govern-
ment Gazette shall have the effect of suspending or
delaying the operation of such determination.

• The regulations at p. 160 pott.

t The power given by this section is to be distinguished from the power to
r.hallenire a Determination before the Supreme Court under section 171 antt,
!u which latter case it is only challengeable for illegality. While the Court is
considering the Determination the Board has no powers whatever, nor has it
tiny powrr to alter or amend the Determination afterwards until such time as it
obtains leave to do so from the Oonrt under sub-section (0) of this section
or until the expiration of twelve months from the date of the Determination br
the Court (Section 13 No. 3048).

a. 2 NO. 3048. (4) Every Determination of a Wages Board referred
to the Court by the Minister and such documents re-
lating thereto as may be deemed necessary shall be
forwarded by the chief inspector to the Registrar of
the Court.

(5) Except as hereinafter provided no barrister and
solicitor or agent shall be allowed to appear before or
be heard by the Court. By the direction of the Court
or with the consent of both parties to the appeal or
reference either party may at its own cost be repre-
sented by a barrister and solicitor or agent. In appeals
by a minority of employers or employes as provided
under sub-section (]) of this section the Court may
give such directions for the representation of parties as
may in the circumstances appear to be proper.

(6) The Court shall have and may exercise all or any
IM*. of the powers conferred on a Wages Board by this Act

and may either increase or decrease any prices or rates
of payment (whether piece-work prices or wages rates)
and shall have full power to amend the whole or any
IW4> part of any Determination of a Wages Board.*

* An appeal to the Court of Industrial Appeals from the determination of a
Wages Board is in the nature of a rehearing, and the Court is not confined to a
consideration of the materials which were before the Board in coming to a con-
clusion as to what should be the minimum wage in the trade, process, or business
for which the Wages Board was appointed. Mr. Justice Hood, in re the Bread
Board, 13 A.L.R. 589. Mr. Justice Hodges, in re the Ice Board, 16
A.L.R. 46.

Appended is a list of the Determinations dealt with by the Court of Industrial
Appeals : —

On 14th September, 1904. Artificial Manure Board — Appeal by employers.

Wages reduced from 40s. 6d. to 36s.
17th September, 1906. Fellmongers Board — Appeal by employers. Hours

increased, 48 to 54.
2nd October, 1906. Fellmongers Board — Appeal by workers. Hours

reduced, 54 to 48, and wages increased 42s. to 45s.
llth October, 1906. Printers Board— Appeal by employers. Court refused

to alter Determination.
15th August, 1907. Bread Board— Appeal by employers. Wages reduced,

54s. to 50s.
12th November, 1909. Ice Board — Appeal by employers. Wages reduced,

Is. 3d. to Is. per hour.
16th November, 1909. Hairdressers Board — Appeal by employers. Wages

were not altered, but proportion of improvers amended.
24th July, 1912. Boilermakers Board — Appeal by employers against 54s.

and 48s. for labourers. Rates fixed by court at 54s., 52s., 50s., and 48s.
21st December, 1912. Clerks Board (Commercial). Reference by Minister
of Labour as to rates for female typists. The court refused to affirm the
principle of equal pay for males and females and fixed lower rates (32s.
and 28s.) for women.

3rd June, 1913. Fuel and Fodder Board. Appeal by employers. Wages
reduced from 68s. 60s. and 54s. to 64s. 52s. and 48s. respectively, and the
hours of carters increased from 52 to 58.
9th July, 1913. Artificial Manure Board. Appeal by employers. Wagea

were, in a few cases, reduced.

27th August, 1913. Builders' Labourers Board. Appeal by employers.
The court increased the hours from 44 to 48, and in some cases increased
wages, in other cases reduced them.

27th August, 1913. Country Printers Board. Appeal by workers. Wages
increased, 45s. to 48s.

(7) The Court shall have and may exercise in respect
of the summoning sending for and examining of wit-
nesses documents and books and in respect of persons
summoned or giving evidence before the Court the
same powers as are by the Evidence Act 1915 conferred
on a Board or Commission appointed or issued by the

22nd April, 1914. Stonecutters Board. Appeal by employers. Wages
of adults were slightly reduced and hours increased. Improvers' wages
were increased.

21st May, 1914. Confectioners Board. Appeal by employers. The court
by consent of both sides, raised slightly the rates for juveniles, and reduced
those of adults.
25th July, 1914. Carters Board. Appeal by employers against rates.

Appeal withdrawn.

31st July, 1914. Clerks Board (Commercial). Appeal by employers. The
court slightly increased metropolitan rates for clerks, and reduced other
rates.
25th February, 1915. Carters Board. Appeal by employes against rates.

Appeal withdrawn.

23rd June, 1915. Builders' Labourers Board. Application by employed
for variation of existing Determination of Court Rates were varied and
hours reduced from 48 to 44.
18th December, 1915. Gold Miners Board. Appeal by employers. Appeal

abandoned.

5th January, 1916. Country Printers' Board. Reference on benalf of the
employes with a view to a variation of the Court's Determination. A
conference was held, and an agreement providing tor a general increase in
wages was embodied in the Determination of the Court.
4th August, 1916. Sewer Builders Board. Appeal by employers. The
court reduced the wages to the extent of Id. to 2|d. per hour in several
instances, but the hours per week were increased from 44 to 48.
5th September, 1916. Commercial Clerks Board. Reference by the
Minister upon representations by employes. Wages were increased by
2s. per week for males and Is. per week for females. The court refused to
'grant the claim of equal pay for male and female clerks.
20th October, 1916. Quarry Board. Appeal by employers. The court
raised the number of hours per week from 44 to -18 and increased the
minimum, wage by 6s. per week.

10th March, 1917. Hotel Employes Board. Appeal by employes to
have a week of 48 hours for all employ6s. The court declined to interfere
with the Board's Determination, except to simplify the wording.
17th October, 1917. Underclothing Board. Appeal by employers. The
court doubled the number of improvers which may be employed in any
place.

14th January, 1918. Country Printers Board. Application by employes
for a revision of the Determination of the Court. A conference w;is held
and an agreement which provided for increases ranging from 6s. to 8s. in
trie weekly wages was embodied in the new Determination of the. Court.
23rd March, 1918. Quarry Board. Application by employes for leave for
tha Board to alter the Determination of the Court. Before the hearing
an agreement was arrived at between the two parties by which wages
were increased to the extent of 2s. 6d. to 8s. per week. This agreement
was embodied in a Determination of the Court.

17th June. 1918. Commercial Clerks Board. Application by employes

for leave for Board to alter the Court's Determination . Before the hearing

« the parties came to an agreement by which the wages of all adult workers

were increased, and this embodied in a new Determination of the Court.
5th September, 1918. Grocers Board. Appeal by employers on the ground
that the wages were toe high outside the metropolitan district. The court
reduced the rate for all persons rer eiving a wage of 65s. or over as follows :
BalHrat and Bendigo districts, 3s. per week less ; Warrnambool, 2?. per
week less.

21st September, 1918. Builders' Labourers Board. Application by employes
for a revision of the Court's Determination. The minimum wace for adults
was increased from Is. 4d. to Is. 6d. per hour and the scale of allowances
was v ried.

21st December, 1918. Plumbers Board. Appeal by employer. The court
made special provision for persons employed solely as gas main or service
layers and fixed their rate at Is. 8d. per hour.

S. 2 No. 3048.

As to alteration
&c.of

Determination
of Court by
Wages Board
concerned.

Governor in Council; provided however that every
summons to attend the Court may be signed by the
Registrar.

(8) No evidence relating to any trade secret or to
the profits or financial position of any witness or part)'
shall be disclosed or published without the consent of
the person entitled to the trade secret or non-disclosure.

(9) The Determination of the Court shall be final and
without appeal and may not be reviewed or altered by
a Wages Board without leave of the Court, but the
Court if satisfied upon affidavit that a primd facie case
for review exists may either give such leave or may
direct a rehearing before the Court, when the Court
may itself alter or amend its Determination.

13 (Act No. 3048). Provided that when a period of
twelve months has elapsed from the date of any Deter-
mination of the Court, whether made before or after
the commencement of this Act, or of the latest revision,
alteration or amendment of any such Determination by
the Court (as the case may be) the Wages Board con-
cerned shall, after the expiration of such period or (in
any case where such period has expired before the
commencement of this Act) after the commencement of
this Act have the right without leave of the, Court to
review or alter the Determination; and any Determina-
tion of the Court when reviewed or altered pursuant
to this sub-section by a Wages Board, whether with or
without leave, shall be the Determination of the Wages
Board and the provisions of the Factories and Shops Acts
shall take effect accordingly.

(10) The Determination of the Court shall be for-
warded to the Minister by the Registrar.

Publication, &c. 177. (1) The Minister shall cause each Determination
of the Court to be published in the Government Gazette
and such Determination shall apply to every part of
Victoria to which the referred Determination applies
or is expressly applied.

(2) The production before any Court Judge or justice
of a copy of the Government Gazette containing a
Determination of the Court shall be conclusive evidence
of the making and existence of such Determination and
of the constitution of such Court and of all preliminary
steps necessary to the making of such Determination.

(3) The provisions of this Act for or relating to the
enforcement of any Determination of a Wages Board 8- 2 No- 3048-
shall equally apply to any Determination made by the
Court, and such provisions shall with such substitutions
as may be necessary be read and construed accordingly.

178. A Determination of the Court of Industrial Power of
Appeals may be dealt with by the Governor in Council councn°with
in the same way in every respect as if it were a Deter- respect to

,. .^LT T> -I determination

mmation of a Wages Board. of court of

Industrial

179. Notwithstanding anything in this Act any De-
termination made before the first day of January One
thousand nine hundred and fifteen by the Court oi determinations
Industrial Appeals as theretofore constituted and inaSria?
whether such Determination is in force or suspended Appeals,
shall for all purposes —

(i) be deemed and taken to be, and
(ii) have the like force and effect and validity as
if it were

a Determination (in force or suspended as the case may
be) of a Court of Industrial Appeals as constituted
under this Act.

Provided that the Minister if satisfied upon affidavit
that a primd facie case exists for the review of any
such Determination may advise the Governor in Council
to constitute a Court of Industrial Appeals as herein-
before provided and upon such Court being constituted
may refer the application for review for the considera-
tion of the said Court which application the said Court
is (in addition to all other powers vested in the said
Court by this Act) hereby authorized to consider and
to hear and determine.

180. The Court of Industrial Appeals may revise or court of
alter its own Determination at any time and from time ^"^mav
to time on the application of either the representatives revise or alter
of employers or representatives of employes on the fctaJf****"*"
Wages Board. ibid.

181. In addition to the powers otherwise conferred powers of
upon the Court of Industrial Appeals the said Court JJJtdent of
shall have all the powers of the Supreme Court which
last-mentioned powers shall be exercised only by the
President; and the Court of Industrial Appeals shall Procedure to
in every case be guided by the real justice of the matter informal,
without regard to legal forms and solemnities and

Wages Boards
to fix number or
proportionate
number of
apprentices and
improvers, *«.

S. 2 No. 3048.

Board to take
into

consideration
age sex and
experience of
apprentices and
improvers

Proportion of
male and female
apprentices and
improvers.

shall direct itself by the best evidence it can procure
or that is laid before it whether the same be such
evidence .as the law would require or admit in other
cases or not; and if the Court considers any further
evidence or information which would assist the Court
could be obtained, the Court shall intimate in open
Court what further evidence or information the Court
desires.

PART IX.— APPRENTICES AND IMPROVERS.
DIVISION 1. — APPRENTICES AND IMPROVERS.

182. (1) When determining any prices or rates of
payment every Wages Board shall also determine —

(a) the number or proportionate number of ap-

prentices and improvers who may be em-
ployed within any factory or shop or place
or in any trade; and*

(b) the lowest prices or rates of pay payable to

apprentices J or improvers.
(2) The Board when so determining may —

(a) take into consideration the age sex and ex-
perience of such apprentices or improvers;

(6) fix a scale of prices or rates payable to such
apprentices or improvers respectively accord-
ing to their respective age sex and experi-
ence; andf

of male and female apprentices or improvers;

* It will be noted that a Board is given power to determine the number or
proportionate number of apprentices and improvers who may be employed —

(1) in any factory or shop or place ;

(2) in any trade.

Boards have always fixed the number with reference to a factory, shop, or place,
or with reference to an individual employer. It is difficult to see how a fixing
of the number in a process, trade, business, or occupation could be practicably
administered, seeing that there would be no means of deciding how many
improvers or apprentices any particular employer would be entitled to.

t Any improver may. at the option of his employer, be put to any class of
work. It is allowable for a Board to fix varying rates for improvers according
to the work at which they are employed. The case is different, however,
regarding apprentices. An apprentice has to be taught the whole of the trade
to which he is apprenticed, and only one scale of payment can be fixed, no
matter what his work.

J How TO BIND AN APPRENTICE.

1. Secure three forms of indenture. Every Wages Board has the right to
decide the form of indentures in its trade and many Boards have drawn up forms,
These forms can be obtained from the Government Printer, near Spring-street,
Melbourne, for 9d. a set, or posted I0£d. a set. In trades where no indenture
form has been prescribed a suitable form may be obtained in the same way.

2. The indenture forms should be carefully filled in. Any officer of the
Department of Labour will help in this.

3. Each of the three copies should be signed by the employer or his attorney,
the parent or guardian, and the apprentice. A seal should be put opposite each
signature and each person after signing should place his right forefinger on his
seal and say " I deliver this as my act and deed."

Each of the three parties should retain one copy of the indenture.
A copy of an approved indenture will be found on page 125.

(d) prescribe the form of apprenticeship indentures

to be used. J

(e) approve of courses of technical education in- Jp°pwre0rv*0collr8es

eluding correspondence courses which in the of technical
opinion of the hoard it is desirable should he
taken hy apprentices or improvers.

Any Board having approved of a course
of technical education for such employes
shall report the same to the Minister who
may with such terms and conditions as he
thinks fit make it applicable only to such
trades or portion of such trades in districts
or portions of districts as he may prescribe.

(3) In fixing the number or proportionate number of
apprentices the Board shall not fix a less number or
proportionate number than one apprentice for every
three or fraction of three workers engaged in the
particular trade and receiving the minimum wage or
earning at piece-work not less than the minimum wage
fixed for the time by such Determination.

(.4) Repealed by Section 20, Act No. 3048.

183. No person who has a greater number of ap- ^vened in
prentices in his employ than is prescribed in the Deter- certain cases by
mination of a Wages Board shall be or be deemed to
be guilty of a contravention of this Act if he proves —

(a) that such apprentices employed by him were determination.

under indentures of apprenticeship entered s- 2 No- 3048>
into before the thirty-first day of December
One thousand nine hundred and ten; or

(b) that at the date of entering into the indentures

of apprenticeship in respect of the last ap-
prentice employed by him and for three
months previous thereto lie had in his emplo-v
such number of persons other than appren-
tices and improvers as at that date entitled
him to the number of apprentices (including
such last apprentice) in his employ.

DIVISION 2. — APPRENTICES.

184. Where any indentures of apprenticeship are ^age^to be
entered into with respect to any trade to which the apprentices.

$ An example of a simple form of indenture which is applicable to all trades
and which experience has shown work* advantageously to both employer and
employs will be found at p. 125. It is desirable for the sake of uniformity
and economy that apprenticeship agreements should be as far as possible
identical in all trades.

8. 2 NO. 3048. Determination of a Wages Board applies and the
wages to be paid to the apprentice are stated in such
indentures then notwithstanding anything contained in
this Act and notwithstanding any subsequent alteration
of such Determination by such Wages Board the wages
to be paid to such apprentice during the currency of
such indentures shall be the wages stated in the in-
dentures.

^5. Where any apprentice under the age of twenty-
certain one years has been bound in writing by indentures of

apprentices. apprenticeship for a period of not less than two years,
no provision in any Determination of a Wages Board
shall invalidate cancel or alte» such deed of apprentice-
ship in any way whatever if such deed of apprentice-
ship was signed by all parties thereto before the notice
of motion for the resolution for the appointment of
such Wages Board was given in either House of Par-
liament.

AS to absence of 186. No indenture of apprenticeship shall be deemed
indenture. to be invalid under this Act by reason only that such
(f ,.. ,. indenture is not under seal.

Form of i$j NO indenture of apprenticeship shall be entered

indenture. ... . .., r n • , ., -

|Wd into in connexion with any trade working under this

Act except in the form (if any) prescribed by any
Wages Board dealing with such trade and approved of
by the Minister.*

AS to failure to 188. (1) Any failure either by an employer or an
of "n indenture, apprentice to carry out the terms of an indenture of

apprenticeship shall be deemed to be a contravention

pf this section, f •

* The power of a Wages Board to prescribe the form of indenture will be
found in sections 141 and 182. For a convenient form of indenture, see page
125.

t An employer by an indenture in the form prescribed by the Woodworkers
Board agreed to take an apprentice for six years and to p y him certain speeded
wages per week of 48 hours with farther r tes for overtime. The deed provided
that the apprentice should not be paid for at y time whe i absent without leave,
or thro 'gh wilful default, or r.egiert, or illness. Held, that the apprentice was
entitled to his wages during the time that the works were closed for holidays.
he being then ready and willing to serve. — Duncan t. James Moore and Sons
Prop. Ltd. 23 A.L.R. 148 ; 19.7, V.L.R. 240.

Where either an employer or an apprentice considers that the other is com-
mitting a breach of any of the covenants full information should be sent to the
Chief Inspector of Factories with the duplicate copy of the indenture. Inquiry
will then be made, and steps taken by the officers of the Factories Department
to enforce observance of the agreement.

(2) When the Minister is satisfied that there is any
such failure either by an employer or apprentice he may
direct that proceedings shall be instituted against the
employer or apprentice as the case may be.

(3) A court of petty sessions may for any such con-
travention—

(a) impose a penalty not more than Ten pounds Penalty.

and in addition order the defendant to enter Power of court

into a recognisance within fourteen days in recognisance

any sum of not more than Fifty pounds in c^tam cases

with such sureties as the court thinks fit of

not more than Fifty pounds each to carry

out the terms covenants and conditions of

the indentures; and may further order that

in default of entering into the recognisance

as aforesaid the person or persons in default

be imprisoned for a term of not more than

one month unless such recognisance be sooner

entered into and for a second or subsequent

contravention impose on the defendant a

penalty not more than Twenty-five pounds

and in addition may estreat the recognisance

(if any) ; or

-'}' £ ! J v, ' ^' '' ''

(6) impose on any employer a penalty of not more
than Twenty-five pounds if the court is satis-
fied that the apprentice has not been taught
the trade in accordance with the indenture
of apprenticeship and that the employer has
not given to the court any satisfactory ex-
planation of such failure to teach the ap-
prentice the trade. The whole or any part
•of such penalty may be applied for the
benefit of the apprentice or otherwise as the
Minister determines.

189. The Secretary for Labour may grant permission Power to bind
in writing to any person — apprentices for

less than three

(a) to be bound for less than three years as an ]gar8 or lf

apprentice to any trade subject to the De- 8>2i NO. 3048.
termination of a Wages Board; 8.2. ibid.

(6) who may become over twenty-one years of age
during the term of his apprenticeship to com-
plete the term of his apprenticeship;

Apprentices for

under three

years.

s. 21 NO. 3048.

for female *
fmProvfcerse8 or

by indentures of apprenticeship.*
190 Fxcept in cases where the Secretary for Labour

. /• . . . . ., -in

has given his permission in writing as aforesaid all
apprentices unless bound by indentures of apprentice-
ship which bind the employer to instruct such appren-
tice for a period of at least three years shall be deemed
to be improvers for the purposes of this Act.

DIVISION 3. — PROHIBITION OF CERTAIN PREMIUMS AND

GUARANTEES.

NO premium to 191. Any person who either directly or indirectly or
by any pretence or device requires or permits any per-

son ^° Pa^ or &*ve or w^° rece^ves from any person any
consideration premium or bonus for engaging or em-
ploying any female as an apprentice or improver in
preparing or manufacturing articles of clothing or wear-
ing apparel shall be guilty of an offence and shall be
liable to a penalty of not more than Ten pounds ; and the
person who pays or gives such consideration premium
or bonus may recover the same in any court of com-
petent jurisdiction from the person who received the
same.

by" 192- An7 shopkeeper (other than a registered phar-
for maceutical chemist) who either directly or indirectly
or ^7 anv pretence or device requires or permits any
person to pay or give him or who receives from any
person any consideration premium or bonus for engag-
ing or employing any person in connexion with the
selling of goods or in connexion with the business of a
hairdresser or barber as an apprentice or improver in a
shop shall be guilty of an offence and shall be liable to
a penalty of not more than Ten pounds; and the person

* Any person of working age and under twenty-one can enter into
apprenticeship for a term of three years or over in any trade subject to
the Determination of a Wages Board, but if it is desired that the term of ap-
prenticeship be loss than three years, an application should be made to the Secre-
tary for Labour, on the form provided forth t purpose, which may be obtained 1 1 the
Department of Labour, Spring-street, Melbourne. That permission will be granted
freely in case it is desired to enable a young worker to complete his experience
in his trade. If, for instance, he had served three and a half years' apprenticeship
to one employer, and desired for any reason (his first indentures having expired
or been cancelled) to complete five years' experience by serving one and a half
years with another employer, he would be granted permission as a matter of
course. If, on the other hand, he had no experience, and wished to be bound
newly to a trade for less than three years, or if he wished to begin at a trade
after he had passed 21 years of age. the Secretary would reouire strong reasons.
It is one of the principal objects of industrial law to ensure the complete training
of artisans. To allow persons over 21 to commence at a trade or to be
apprenticed for short periods would be to encourage incompetence. A form of
application under any of the paragraphs of this section may be obtained at the
Department of Labour, Spring-street, Melbourne.

shopkeeper

employed in

who pays or gives such consideration premium or bonus
may recover the same in any court of competent juris-
diction from the person who received the same.

193. (1) Except with the consent of the Minister in Certain
writing no person shall require or permit any person

to pay any sum of money or enter into or make any
guarantee or promise requiring or undertaking that
such person shall pay any sum of money in the event
of the behaviour or attendance or obedience of any ap-
prentice improver or employe not being at any time
satisfactory to the employer.

(2) Any such guarantee or promise as aforesaid or to
the like effect entered into or made without the consent
of the Minister as aforesaid shall be null and void, and
any person who without such consent makes or requires
such guarantee or promise shall be liable to a penalty
of not more than Ten pounds.

(3) Any sum which is paid in pursuance of such a
guarantee or promise as aforesaid or to the like effect
made in contravention of this section shall be returned
to the person paying the same ; and the person who has
so paid any such sum may if the same is not returned
to him on demand recover the same with costs in any
court of competent jurisdiction from the person who

received the same.

DIVISION 4. — IMPROVERS.

194. (1) The Secretary for Labour is hereby autho- Licence to
rized to grant to any person over twenty-one years of iT^eaS'oidf*
age who has satisfied him that such person has not had s. 21 NO. 3048.
the full experience prescribed for improvers by the

Wages Board a licence to work as an improver for the 8- 2 'w*-
period named in such licence at the wage fixed by the
Board for an improver of any like experience.*

*An improver's licence is required only by an improver who reaches the age of
twenty-one without having served the full term required to learn the trade.
If he has served in the trade for a period equal to the term of apprenticeship he
should be regarded as a trained workman and should command the minimum
wage. An " improver " is really an unindentured apprentice. He is improving
his knowledge and skill in his trade, and the licence is for the purpose of
enabling him to complete his partially accomplished education. Thus it
happens that licences are not granted to persons over 21 years who have never
worked at the trade. Such a person has sometimes been granted a permit to be
apprenticed — failing that he must be paid the minimum wage.

The licence states on its face the wages to be paid. The wages so stated
must be at least those fixed in the Determination for an Improver of like
experience and age. There is no power to grant a licence at any lower rate.

An apprentice is indentured to a particular employer, and is protected by his
agreement and by the Department, which will enforce his proper teaching and
treatment, but an improver can work for whom he pleases and can be put to
whatever work his employer chooses. He must pick up his trade as he may, and
there Is no means of insuring that he will eventually become a competent
skilled workman.

A definition of " Improver " will be found in Section 3.

14850.— 4

certificate of (2) The employer of any improver in any trade sub-

toprovSSntf°r ject to the Determination of a Wages Board shall at
8. 2 No. 3048. the termination of the employment give him a certifi-
cate in the form of the Sixth Schedule correctly show-
sixth Schedule, ing the duration and nature of such employment.

(3) When any improver seeks employment from any
employer he shall produce to that employer all certifi-
cates previously given to him as aforesaid.

PART X.— MISCELLANEOUS.

DIVISION 1. — REGISTRATION OF OUTSIDE WORKERS.

195. (1) Every person who outside a factory wholly
or partly prepares or manufactures for trade or sale
any articles of clothing or wearing apparel or boots or
shoes shall either personally or by written notice re-
gister with the chief inspector his full name and ad-
dress and also from time to time in like manner register
with the chief inspector any change in such address.

(2) Every person so registered shall answer all ques-
tions put to him by an inspector as to the person for
whom the articles are being prepared or manufactured
and the price or rate to be paid to him therefor; pro-
vided that no woman or girl shall be asked such ques-
tions except by a female inspector.

(3) Every person guilty of a contravention of sub-
section (1) or (2) of this section shall for every offence
be liable to a penalty of not more than Ten shillings.

(4) Notwithstanding anything contained in this Act
no names or addresses registered pursuant to this sec-
tion shall be published in any manner or be open to the
public or be seen by any person other than the Secretary
for Labour the Chief Inspector or the officers of the
Department of Labour. The Secretary for Labour the
Chief Inspector and the officers of the Department of
Labour shall maintain and aid in maintaining secrecy as
to the names and addresses so registered and shall not
communicate any such name or address to any person
whomsoever except for the purposes of enforcing the
provisions of this Act. Every person before acting as
Secretary for Labour Chief Inspector or as an officer of
the Department of Labour shall take and subscribe
before some justice such oath of secrecy as may be pre-
scribed.* Every person who wilfully acts in contra-
vention of this sub-section or of such oath shall be liable
to a penalty of not more than One hundred pounds. f

* The regulations at p. 161.

t Secrecy must also be maintained as to the contents of records — section 12.

Names and
addresses of
outside workers
to be registered.

Registered
person to
answer
inspector's
questions.

Penalty.

Penalty on
officers
divulging
Information
re outside
workers.
8. 19 (2)
No. 3048.
Ibid.

Oath of secrecy

196. (1) No person who is or is deemed to be the Material not to
occupier of a factory within the meaning of section unregistered
twenty-three of this Act shall issue or give out or out-workers to

, i . . . i « i • DC made up mto

authorize or permit to be issued or given out any articles of
material whatsoever for the purpose of being wholly Clothin8 &0-
or partly prepared or manufactured outside a factory
as articles of clothing or wearing apparel for trade or
sale except to a person who has been registered as an
outside worker provided that no such outside worker
shall employ any other person or persons whatsoever
in wholly or partly preparing or manufacturing such
articles of clothing or wearing apparel save and except
members of such worker's own family.*

(2) Any person guilty of a contravention of this sec- Penalty,
tion shall for every offence be liable to a penalty of not
more than Five pounds.

DIVISION 2. — REGISTRATION OF PLACES OTHER THAN
REGISTERED FACTORIES.

197. (1) The occupier of every place where any per- Registration of
son other than members of the employer's family re- fha? registered
lated in the first or second degree by blood or marriage factories) where
to the employer is employed in a process trade business on^roTOssesT"*3
or occupation to which the Determination of any Wages Businesses or
Board applies and which is not registered as a factory occupations

or shop shall register with the chief inspector his full detennina1i?oiii
name and the locality (giving the name of the street aPP!y-
and the number if any) of such place. f s. 2No. 3048.

(2) In each and every such place there shall be made Records to be
a true record in such form and giving such particulars kept*

as may be prescribed J as to the names work and wages
of the persons employed therein and the name and age
of every such person who is under twenty-one years of
age and such record shall be produced for inspection
whenever demanded by the inspector and shall be for-
warded annually to the chief inspector at such time as
may be prescribed or whenever demanded by the chief
inspector.

(3) There shall be kept printed painted or affixed in Name of
legible Roman characters on such part of the premises

as an inspector may direct or approve near to the out-
side of the principal outer door of every such place the
name of the occupier thereof or if such occupier is a
company the registered name of such company or if

* The occupier of a factory must keep a record of all work done for him else-
where than at his factory, and is required to supply the Chief Inspector of Factories
with particulars thereof — section 23.

t The Determination of a Wages Board does not affect the children of an
employer. (See section 166.)

J The regulations at p. 158.

100

Venal ty.

Inspection.

Ooonpier of
factory or shop
not to have
employes a*
lodgers.

Fortnightly
payment ot
wages.

S. 2 No. 3048.

Olrls not to be
permitted to lift
heavy weights.

such occupier is a firm of persons the firm name of such
firm.

(4) In the event of a contravention of any of the
provisions of this section in regard to any such place the
occupier thereof shall be liable to a penalty of not more
than Twenty shillings for every day during which any
of the said provisions are not complied with.

(5) With regard to such place and the occupier
thereof and his agents servants and employes and the
books register and documents therein every inspector
of' factories shall have the like powers as such inspector
has under this Act in respect to a factory.

DIVISION 3. — EMPLOYES NOT TO LODGE IN FACTORY OB

SHOP.

198. (1) It shall not be lawful for any occupier of a
factory or shop (other than a shop mentioned in the
Fourth Schedule to this Act) his wife or child directly
or indirectly for any consideration to keep or receive
adult employes as boarders or lodgers or have any share
or interest in the keeping of a lodging-house in which
his employes board or lodge. Provided that the chief
inspector may if he thinks fit allow an occupier of a
factory or shop or his wife or child to accept money
for board or lodging from an employe subject to such
conditions as the chief inspector may impose.*

(2) Except as in this section provided no employ^
shall pay to any occupier of a factory or shop or his
wife or child any sum of money whatever for board or
lodging or give credit therefor.f

DIVISION 4. — FORTNIGHTLY PAYMENT OF WAGES.

199. Every employer shall pay or cause to be paid at
least once in every fortnight all wages due to every
person employed by him in any process trade business
or occupation subject to any Determination of a Wagei
Board.

DIVISION 5. — RESTRICTIONS AS TO GIRLS LIFTING
HEAVY WEIGHTS.

200. No person employing any girl under the age
of eighteen years in a factory or shop shall permit such
girl while so employed to lift or carry a greater weight
than twenty-five pounds.

* Forms will be supplied on application to the Chief Inspector of Factories, fl
the applicant lives at any considerable distance from the Chief Inspector of
Factories' Office, the application may be made by letter. It is usual to grant
permission only in cases where there is some difficulty in procuring lodging,
except at a hotel or at the employer's establishment.

t As to maximum rent to be paid by resident shop managers or assistants,
aee section 108.

101

DIVISION 6. — AMBULANCE CHEST.
201. Every factory or shop where steam electrical Where
water or other power driven machinery is running shall

have a first-aid ambulance chest equipped and supplied appliances to be
in the prescribed manner upon the premises. § 8*22 MO. SMS.

DIVISION 7. — OLD SLOW AND INFIRM WORKERS.
202. (1) If it is proved to the satisfaction of the Aged slower
chief inspector that any person by reason of age slow- infirm workers.
ness or infirmity* is unable to obtain employment at
the minimum wage fixed by any Wages Board, the s. 2 NO. 3048.
chief inspector may in such case grant to such aged
or infirm or slow worker a licence f for twelve months
to work at a less wa,ge (to be named in such licence)
than the said minimum wage, and such licence may
be renewed from time to time.

(2) The number of persons so licensed as slow workers
amployed in any factory shall not without the consent ,} r,0it
of the Minister exceed the proportion of one-fifth of the

A^hole number of persons employed in such factory at
the minimum wage fixed for adults or at piece-work
prices provided that one licensed slow worker may be
employed in any registered factory and any person who
without such consent employs any greater number than
3uch proportion shall be guilty of a contravention of
this Act.

(3) Any person who either directly or indirectlv or
by any pretence or device pays or offers to pay or per-
mits any person to offer or pay any such aged or infirm
or slow worker at a lower rate than that fixed by the
,'hief inspector in such licence shall be deemed to be
guilty of a contravention of this Act.j;

(4) In the event of the chief inspector refusing to
grant such licence such person may appeal to the Min-
ister who may grant such licence in the place of such
inspector.

* Wages Boards may fix special wages rates for aged, infirm, or slow workers
(See section 148.)

t These licences are only granted in extreme cases to people who, through age,
some physical or mental defect, or through some permanent weakness, are unable
to do anything like an average day's work. They are not granted to any but
persons who have served in and learnt the trade for which they desire a licence
For example, a labourer would not be granted a licence to work as a slow worker
in the saddlery trade, nor would an old or infirm sad^ier be allowed in the boot-
making trade. Applications should be backed up by full information as to the
age, slowness, or infirmity of the applicant, and should be made on the form.
supplied for that purpose at the office of the Chief Inspector of Factories in
Melbourne. It should further be remembered that these applications should
not properly be granted on the ground of inexperience at the trade. In that
case an Improver's Licence (section 194) is more applicable. Within the
Metropolitan District the applicant should, if possible, attend at the Chief
Inspector's Office to make the application.

1 Penaltv. section 226.

5 See p. 162 for the Regulations.

V <rr } cc o c r ; c c ice « f'

102

PART XI.— HOLIDAYS.

rly

Ger
Districts.

Bread carters to
have two
holidays a
month.

Application to
shires.

Offence.

8. 14 No. 3048.

DIVISION 1. — BREAD.

203. The third Tuesday in January in each year shall
in the Metropolitan and Geelong Districts be a factory
holiday for bread bakers and pastrycooks. No bread
or pastry shall be made or baked for trade or sale in
the Metropolitan District or Geelong District on that
day.

204. (1) Every baker or pastrycook shall permit
every person employed by him in delivering bread to
have and take a holiday for the whole of the first and
third Wednesday in each and every calendar month.
Provided that when a public holiday occurs in the same
week as the first or third Wednesday in any month such
public holiday shall oe observed as a whole holiday in
lieu of such first or third Wednesday.

(2) The provisions of this section shall apply to all
cities towns and boroughs and may be extended by the
Governor in Council from time to time to the whole or
any specified part of any shire.*

(3) The employer of any person engaged in deliver-
ing bread shall in respect of each such person who has
not in any month had and taken either holiday pur-
suant to this section be deemed to have been guilty of
an offence against the provisions of this Act.

(4) Any person who on any holiday under this sec-
tion delivers bread (whether in the form of loaves rolls
or in any other form) in any way whatever except by
retail over the counter shall be guilty of an offence
against this Act.

20>5. Repealed by Section 14 (2), Act No. 3048.

DIVISION 2. — MEAT.

Half-holiday 206. (1) Every butcher or seller of meat, or maker or

p«rsonTeel seller of small goods shall permit every person employed
dtiivering meat, by him in delivering meat to have and take a half-
holiday from the hour of one o'clock in the afternoon
on some Monday Tuesday Wednesday Thursday Friday
or Saturday in each and every week.

* An extension of this section has been made to all that ,
district of the Shire of Moorabbin which is situate north of Balcombe-road and
north of Lower Dandenong-road (gazetted 6th March, 1912.) This is the onljr
extension of this section that has been made.

103

(2) Upon receiving a petition certified by the muni- Restriction on
-cipal clerk of any municipal district as being signed by

A majority of the butchers having shops* in such district in each
the Governor in Council may make regulations prohibit-
ing the delivery of meat from a cart or in the street or
st any house or premises on any one specified day in
each month or on any specified afternoon in each week
after one o'clock, f

(3) The municipal clerk of such district is hereby certification of
required when any such petition is presented to him by Petition-
any petitioner or is referred to him by the Minister to

certify whether or not such petition has been signed by
a majority of the butchers having shops in such dis-
trict.

(4) The employer of any person engaged in deliver- offence,
ing meat shall in respect to each such person who has

not in any week had and taken a half-holiday pursuant
to this section be deemed to have been guilty of an
offence against the provisions of this Act.

207. (1) Every shop in the Metropolitan and Gee- Butchers'
long Districts in which fresh uncooked meat is sold and holiday,
every factory in which small goods are made shall be
closed on the whole of the third Wednesday in January

in each year and every employe in such shop or factory

and all persons employed in abattoirs or private s. 15 NO. 3048.

slaughter-houses in the said district shall be given a

whole holiday on such day and every such shop may be

kept open till nine o'clock on the Tuesday preceding the

third Wednesday in January in each year.

Provided that nothing in this section so far as it IMA
relates to abattoirs or private slaughter-houses shall
apply to persons employed only in connexion with the
export trade.

(2) Repealed ly Section 15 (c), Act No. 3048.

208. (1) Every person who on a Sunday delivers Delivery of
meat on sale whether in a retail or wholesale way and

* See also Section 9 Act ;:048 as to stalls or standings in market.

t Semble, a regulation absolutely and with respect to all persons prohibiting
delivery within a certain municipal district on a specified afternoon is not ultra
vires, and the penalty may be enforced against a servant acting under his master's
orders even when the master carries on business outside the district. — Powell v.
Smith, 22 V.L.B., 556

104

whether the same has been paid for or has to be paid
for on or after delivery, and every person who causes
any meat to be so delivered shall be guilty of an offence
and shall for every such offence be liable to a penalty
of not less than One pound nor more than Five pounds.

(2) Where any seller of meat either himself or by
any of his employes or by any other person delivers
meat on a Sunday to any other person or at any other
person's house or premises such meat shall unless the
contrary is proved be deemed to have been delivered
on sale within the meaning of this section.

DIVISION 3. — MILK.

^) Every milk vendor shall permit every per-
son employed by him in delivering milk to have and
delivering milk. take a half-holiday from the hour of one o'clock in the
afternoon on some Monday Tuesday Wednesday Thurs-
day Friday or Saturday in each and every week.

Offence. (2) The employer of any person engaged in deliver-

ing milk shall in respect to each such person who has
not in any week had and taken a half-holiday pursuant
to this section be deemed to have been .guilty of an
offence against the provisions of this Act.

DIVISION 4. — MISCELLANEOUS.

power of 210. With regard to any process trade business or

OounS°tomake occupation for which there is no yearly holiday fixed in
regulations this Act the following provisions shall have effect • —

fixing yearly

wrtifn'cases. (l) Where a petition is presented to the Governor

in Council praying that any particular day
in each year shall be a holiday in any such
process trade business or occupation either
throughout Victoria or in any part thereof
and the chief inspector certifies that the
petition is signed by a majority of the em-
ployers and a majority of the employe's to
be affected the Governor in Council may —

Petition, (a) grant the prayer of tEe petition ac-

cording to the terms thereof or
with such alterations or modifica-
tion as he thinks fit; and make re-

L05

gulations fixing a holiday in each
year accordingly; or*

(&) refuse to grant the prayer of the
petition.

(2) Every employer affected by any such regulation Employers to
shall give to every employe working for him fmpioy^on t0
in connexion with such process trade busi- yearly holiday,
ness or occupation a whole holiday in each
year on the date so fixed.

211. Notwithstanding anything in this Act the Go- Provision for
vernor in Council upon receiving a petition signed and another^ay
certified as required for petitions praying for the fixing Jj^jj!} °f day.j
by regulations of a holiday in each year for any process holiday^ yea
trade business or occupation may make regulations sub-
stituting a day to be a holiday in each year for any

process trade business or occupation in lieu of the day
fixed for that purpose in this Act. Provided that no
regulation in regard to the closing of fruit shops in
the Metropolitan District shall operate to close such
shops during the months of January and February.

212. Every shop in the city of Bendigo or in the Annual holiday)
borough of Eaglehawk in which fresh uncooked meat ^^^
is sold and every factory in which small goods are made goods factory,
shall be closed on the whole of the third Wednesday in

* Under the provisions of this section, regulations have been made as follows : —

Date of
Gazettal.

Trade, &c., affected.

Holiday fixed
for—

Area affected
by Holiday.

12.2.13

Making, mending, or selling
bicycles, tricycles, or motor

Third Saturday in
February

Metropolitan
District

cycles

28.10,14

Making, mending, or selling

Second Saturday

Geelong Dis-

bicycles, tricycles, or motor

in November

trict

26.2.13

cycles
Hairdressing and shaving

Third Wednesday

»» 99

in February

18.2.14

Manufacturing or repairing —
(a) Articles made of tin plate

First Saturday in
March

-) Metropolitan
£ District

or other sheet metal

(6) Gas meters

ii ..

ii ••

18.2.14

The business carried on in iron-

mongers' shops

25.2.14

The business of a firewood mer-

Fourth Wednes-

chant

day in February

M it

23.12.14

The business carried on in a dairy

Third Monday in

Produce or a cooked meat

February

)ther than tinned meat) shop

18.9.18

Boot repairing

Third Saturday in

February

106

February in each year and every employe in such shop
or factory shall be given a whole holiday on such day
and every such shop may be kept open till nine o'clock
on the Tuesday preceding the third Wednesday in
February in each year.

Hairdressers' 213. Every hairdressing and shaving saloon in the

annual holiday. Metropolitan District shall be closed on the third Wed-
nesday in February in each year and every employe in
such saloon shall be given a holiday on such day and
every such saloon may be kept open until ten o'clock
on the Tuesday preceding the third Wednesday in
February in each year, and such saloon shall not be
required to be closed for a half -holiday in such week.

Annual holiday. 214. Every fruit and vegetable shop in the Metro-
for fruit and politan District shall be closed on the second Wednes-
s' day in March in each year and every employe work-
ing in or in connexion with such shop shall be entitled
to and be given a holiday on such day.

Annual holiday 215. Every grocer's shop and every shop in which
shops00618' tea is sold in the Metropolitan District shall be closed
on the second Wednesday in February in each year and
every employe working in or in connexion with such
shop shall be entitled to and be given a holiday on
such day.

Annual holidays 216. The fourth Saturday in February in every year
trades*"1 shall be a factory holiday for persons employed in the

following trades : —

brushmaking ;
carpentering ;
coach-building ;
coopering ; •

furniture ;
saw-milling ;

and every employe working in connexion with a factory
in which any of such trades is carried on shall be
entitled to and be given a holiday on such day.

Watchmen to 217. Notwithstanding anything contained in this Act
have one any person employed as a watchman shall be granted

holiday a week. ^ ^Jjfr g^J week.

107

218. Every fish or poultry shop in the Metropolitan Annual holiday,
District shall be closed on the last Monday in February gj^"1 pOB
in each year; and every employe working in or in
^connexion with such shop shall be entitled to and given
a holiday on such day.

PART XII. — OFENCES PENALTIES AND LEGAL
PROCEEDINGS.

219. Where any person is charged with an offence court of petty
against this Act, such charge shall be heard before and Id^udSate.
all penalties imposed by this Act shall be recovered

before a court of petty sessions consisting of a police
magistrate sitting either with or without justices.

220. (1) Every offence against the provisions of this proceedings
Act shall be reported to the Minister, who may if he JfJjJierB to be
think fit direct proceedings to be taken against the directed by
offender.

(2) All proceedings directed to be taken by the Min-
ister a,gainst any person for contravening any of the
provisions of this Act may be taken by any member of
the police force or by any inspector.

(3) Where the Minister has directed proceedings to Effect of
be taken against any offender, if the court amend the
information warrant or summons for any variance be-
tween it and the evidence on the part of the prosecu-

tion, such direction of the Minister shall be sufficient
authority for the continuance of the proceedings against
the offender after such amendment thereof by the

(4) All courts shall take judicial notice of the signa- Certain
ture of every person who is or has been Minister Chief jSSuy8 *
Inspector of Factories and Shops or Assistant Chief noticed.
Inspector of Factories and Shops to every document re-
quired to be signed for the purposes of this Act or any
Act hereby repealed.

221. In proceedings before courts of petty sessions Defence.
for any contravention of the provisions of this Act it
shall not be a defence that the occupier of a factory or
shop was not in Victoria at the time the alleged offence
was committed ; and for any such contravention service AS to service of
of a summons by leaving the same with some person

108

apparently of the age of sixteen years or upwards at
the usual place of business in Victoria of the person
named in such summons shall be deemed to be good
and sufficient service thereof.

General 222. The following provisions shall have effect with

proceetogs8 10 reference to proceedings before courts of petty sessions
for offences under this Act : —

(a) The information if for any offence in connexion
with the preparation or manufacture or
stamping of furniture or the unlawful pay-
ing or receiving any sum of money in con-
nexion with the employment of an appren-
tice or improver shall be laid within twelve
months* after the commission of the offence ;
and if for any other offence shall be laid
within two months* after the commission
thereof.

(6) It shall be sufficient to allege that a factory
bake-house or shop is a factory bake-house
or shop within the meaning of this Act
without more.

(c) It shall be sufficient to state the name of the
ostensible occupier of the factory bake-house
or shop or the title of the firm or company
by which the occupier of the factory bake-
house or shop is usually known. f

Onus of proof (^) The onus of proof that the person firm or com-

pany named in a summons is not the occupier
of the factory bake-house or shop shall be on
the defendant.

(e) The onus of proof that the provisions of this
Act with regard to the registration of fac-
tories or shops and with regard to the per-
sons in charge of steam-engines or boilers
have been complied with as to any particular
factory or shop or such persons shall in all
cases be on the defendant.

* " Month " means calendar month. — " Acts Interpretation Act."

t This sub-section applies only where an averment of occupation is materiaL

Bishop \. Chung Bros., 4 C.L.R., 1268, 13 A.L.R. 412. But see section 227

which was enacted subsequently to that decision.

109

(/) The onus of proof that articles prepared or
manufactured or made are not prepared or
manufactured or made for sale shall in all
cases be on the defendant.

(g) In proceedings against any person for employ-
ing any apprentices or improvers in excess
of the number or proportionate number as
determined by a Wages Board, the onus of •- * no. 3048.
proof that the provisions of this Act and
of such Determination with regard to the
number or proportionate number of appren-
tices or improvers who may be employed
have been complied with shall in all cases
bo on the defendant.

(h) The onus of proof that the provisions of this
Act with regard to —

the taking of a half-holiday in each and
every week by each and every person
employed in any shop; or
the stamping of furniture; or
the painting or varnishing of factories or

washing or lime-washing the same
have been complied with shall in all cases
be on the defendant.

(•*) The onus of proof that the person named in a
summons as an employe of the defendant in
a certain capacity was not employed in the
capacity named in such summons shall in all
cases be or the defendant.

(j) The onus of proof that the premises or place
named in any summons are not or is not
within the municipal district township or
locality mentioned in such summons shall in
all cases be on the defendant.

(k) It shall be deemed that a shop was not closed when
within the meaning of this Act if it be i
proved with reference to such shop that dosed,
hairdressing or shaving was being carried on
in such shop whether by a hairdresser or
barber or any employe or any person whom-
soever and whether for hire or reward or
otherwise fifteen minutes after the hour
fixed for closing a hairdresser's or barber's
shop.

110

Evidence of age

when shop (1) It shall be deemed that a shop was not closed

closed? n°* within the meaning of this Act if it be

proved with reference to such shop that —

(a) goods were sold; or

(b) goods were offered for sale; or

(m) A declaration by a certifying medical prac-
titioner for the district that he has person-
ally examined a person in that district and
believes him to be under the age set forth
in the declaration shall be admissible in
evidence of the age of that person.

223. The production before any court judge or jus-
tices of a copy of the Government Gazette containing
the Determination of any Wages Board shall be con-
clusive evidence of the due making and existence of
such determination and of the due appointment of such
Board and of all preliminary steps necessary to the
making of such determination. f

Effect on legal 224. When any Determination of a Wages Board 13
Jmendmentof a amended or revoked, such amendment or revocation
determination, shall not directly or indirectly affect any legal proceed-
lbld- . ings of any kind theretofore commenced under the pro-

visions of this Act for any breach of such Determina-
tion or any right existing at the time of such amend-
ment or revocation under the provisions of this Act.

Evidence of
determination.

S. 2 NO. 3048.

Power to recover
rate determined
by Wages
Board

notwithstanding
any agreement
to the contrary.
Ibid.

225. Where any employer employs J any person who
does any work for him for which a Wages Board has

* Defendant had his shop open after the prescribed hour, and goods in the
shop were shown and employes were present. No sales of goods took place, and
placards were exhibited announcing that the shop was open only for show
purposes. Held, that the goods were exposed for sale within the meaning of
this sub-section, and that, the shop being open after the prohibited hour, the
proprietor had committed an offence. — Turnbull v. Cocking, 25 V.L.R., 83 ;
5 A.L.R., 196 ; 21 A.L.T., 55.

By section 4 (1) of the Shops Act 1912 (England) " Every shop shall . . .
be closed for the serving of customers not later than one o'clock in the afternoon
on one day in every week."

Held, that it is not an offence against the above provision for a shopkeeper to
affix to the door of the entrance to his shop an automatic machine by means of
which an article is supplied to the public during the weekly half-holiday on the
insertion of a penny in the slot, inasmuch as the words " the serving of customers "
in the sub-section refer to personal service. Willesden Urban District Council
v. Morgan. — The Times Law Reports 1914, 21 A.L.R. (c.n.) 1. (1915.)

t The production of the Government Gazette is conclusive evidence of the deter-
mination o such Board, and of its due appointment in the absence of any pro-
ceedings to quash such determination, and an objection as to the proper constitu-
tion of such i'oard cannot be taken on a summons for an offence under the Act.
—McGlinchy v. Narracott, 26 V.L.R., 766.

t As to when a person is "employed" see Ballantyne v. Hinchliffe. 21 A.L.R.,
34, noted at section 168.

Ill

determined the lowest prices or rates, then such em-
ployer shall be liable to pay and shall pay in full in
money without any deduction whatever to such person
the price or rate so determined, and such person if he
has made demand in writing on such employer within
two months after such money became due may within
twelve months after such money became due take pro-
ceedings in any court of competent jurisdiction to re-
cover from the employer the full amount of any balance
of such sum so demanded due in accordance with the
Determination, any smaller payment or any express
or implied agreement or contract to the contrary not-
withstanding.*

226. (1) Where a price or rate of payment for any Penalty for
person or persons or classes of persons has been deter- determination,
mined by a Wages Board and is in force, then any s. 2 NO. 3048.
person —

(a) who either directly or indirectly, or under any
pretence or device, f attempts to employ or
j. ,> , employs or authorizes or permits to be em-
ployed any person apprentice or improver
at a lower price or rate of wages or piece-
work (as the case may be) than the price or
rate so determined; or

* Under this section an employe may sue for his wages at any time within
twelve months. The time within which the Factories Department can prosecute
for an offence is, however, limited by section 222 to two months, and in some
cases to twelve months. It is very essential, therefore, that any employ^ who
is being underpaid should give information promptly, so as to allow sufficient
time to make the necessary inquiries in connexion with the preparation of the
case. A case in point was where information was given after the lapse of one
month. The employer in the country was really a trustee living in a different
country town. Before the inspector had ascertained the facts in the case and
the real parties to proceed against, the remaining month had expired, and the
employe had to be left to take his own proceedings. Moreover, if claims are
allowed to become stale, experience shows they are more difficult to substantiate.
Compare section 232.

t A saddler was engaged by the employer's foreman to do piece-work at *
lower rate of pay than that fixed by the Saddlery Board. The employer, a member
of the Saddlery Board, paid the rates as agreed.

Held, that there was evidence of every element of the offence created by the
section, and that the defendant was rightly convicted. — Billingham v. Oaten,
(1911) V.L.R. 44, 17 A.L.R. 36.

The prohibition in this sub-section is absolute, " mens rea " not being
necessary to constitute an offence.

The defendant was charged with employing a person at a lower wage than
that fixed by a Wages Board. Held, it is not a good defence that the wages
were paid under an honest and reasonable belief in the truth of a state of facts
which, if it had re illy existed, would have made the payment lawful. — Duncan
T. Ettis 22 A.L.R. 188.

s. 2. no. 3048.

Permission for

factories, <fec.

112

(b) who attempts to employ or employs or autho-

rizes or permits to be employed any, appren-
tice or improver in excess of the number or
proportionate number so determined* ; or

provisions of this Act with relation to any
Wages Board's Determination or of a con-
travention of any of the provisions of Part
VII. or of section two hundred and two of
this Act

shall be guilty of an offence against this Act, and shall
for the first offence be liable to a penalty of not more
than Ten pounds, and for the second offence to a penalty
of not less than Five nor more than Twenty-five pounds,
and for a third or any subsequent offence to a penalty
of not less than Fifty nor more than One hundred
pounds, f

Provided that the Minister may permit any student
of the University of Melbourne or any student taking
^u^ ^a^ courses °f technological study at any working
men's college or any school of mines or any other tech-
nical college or technical school in Victoria to enter and
work in any factory shop or place during the time he
is a student at any such institution for the purpose only
of acquiring practical knowledge and skill in the trade
carried on in such factory shop or place; notwithstand-
ing that he is not paid the rates provided by any de-
termination in force in the trade concerned.

f> (2) The registration of the factory of any person who
is convicted under this Act of a third offence shall with-
out further or other authority than this Act be forth-
with cancelled by the chief inspector, provided that
such person knowingly and wilfully committed each of
such offences.

Power to

227. (1) Any person or body of persons in occupa-

firms, ^on of anv fact0ry or shop may be prosecuted for any

offence in the true ostensible or reputed name of such

* A shopkeeper whose principal business is the sale of dairy produce and
ham and beef, but who ulso habitually sells a sm -.11 quantity of groceries, is not
absolved from observirg the Grocer's Determination because the quantity of
groceries sold is very small. — Sb.ttery v. Bishop Bros., 25 A.L.R., 4J.2.

t Neither the Railway Department nor Commonwealth mail contractors are
affected by Wages Boards. But charitable institutions, municipal councils,
and such bodies as the Harbor Trusts and the Melbourne and Metropolitan Board
of Works are.

113

person or body of persons and a conviction may be had
and enforced by distress in that name against the actual
occupier.*

(2) No sentence of imprisonment in default of dis-
tress if fixed at the hearing shall operate unless the
actual or true occupier is then present or represented
by his barrister and solicitor or if not fixed at the
hearing shall be subsequently awarded unless the actual
or true occupier is first called upon in his true name by
summons to .show cause,

228. Where an offence for which the occupier of a pellility On
factory or shop is liable under this Act to a penalty has £^gting
in fact been committed by some agent servant work- offences for
man or other person such agent servant workman or

other person shall be liable to the same penalty as if liable,
he were the occupier.

229. (1) Where the occupier of a factory .or shop is Exemption of
charged with an offence against this Act he shall be pStyron°m
entitled upon information duly laid by him to have any conviction of
other person whom he charges as the actual offender ac
brought before the court at the time appointed for
hearing the charge.

(2) If after the commission of the offence has been
proved the occupier of the factory or shop proves to the
satisfaction of the court that he had used diligence
to enforce the execution of the Act and that the said
other person had committed the offence in question
without his knowledge consent or connivance the said
other person shall be summarily convicted of such
offence and the occupier shall be exempt from any
penalty.

(3) When it is made to appear to the satisfaction of
an inspector at the time of discovering the offence that
the occupier of the facfory or shop had used all due
diligence to enforce the execution of this Act and also
by what person such offence had been committed and

* See as to cases under the Acts formerly in force. — Bishop v. Chung Bros.,
4 C.L.R., 1262, and Dangerfield v. McDonald and Co., 1914, V.L.R., 357.

Compare Section 222 (c) and footnote thereto.

This section has no application to the case of an employer not giving his carter
a half-holiday (Sections 129 and 241) because that liability does not arise from
his status as an occupier but from his position as an employer.

It is the duty of the Justices to ascertain for the purposes of conviction the
individuals represented by "A and Compsny," and if they find there is an
offence to hold those individuals liable. — Dangerfield v. McDonald and Co., 20
A.L.B.217.

114

also that it had been committed without the knowledge
consent or connivance of the occupier and in contraven-
tion of his orders then the inspector shall proceed
against the person whom he believes to be the actual
offender in the first instance without first proceeding
against the occupier of the factory or shop.

j of 230. Every person who is guilty of a contravention

offence? of any of the provisions of this Act or any regulation

or by-law thereunder shall be deemed to be guilty of
an offence against the said Act regulation or by-law.

231. (1) If any person is killed or suffers any bodily
compensation injury in consequence of the occupier of a factory —
?nju1ed°by want (a) ^avin-g neglected to provide guards* required
of fence to by or in pursuance of this Act to be pro-

machinery, &c. for_

(i) any dangerous part of the machinery

of the factory, or
(ii) any dangerous appliance used in or

in connexion with the factory, or
(iii) any dangerous part of the factory;

(6) having neglected to keep any such guard con-
stantly maintained in an efficient state and
properly adjusted,

the occupier of the factory shall be liable to a penalty
of not more than One hundred pounds the whole or any
part of which may be applied for the benefit of the
injured person or his family or otherwise as the
Minister determines.

(2) The occupier of a factory shall not be liable to a
penalty under this section if an information against
him for not providing guards for any part of the ma-
chinery or for any appliance by which or for any part
of the factory in which the death occurred or bodily
injury was inflicted has been heard and dismissed
within one month previous to the time when the- death
occurred or bodily injury was inflicted.

(3) This section shall not deprive the injured person
or his or her representative of the right of action to
recover damages in any court of competent jurisdic-
tion.

* For provisions as to fencing machinery, <fec., see sections 59-68. The
guards are to be provided for the protection of persons using a machine as well
as for other persons passing by. — Howard v. Nash, 24 A.L.R. 38.

115

232. A court of petty sessions in addition to impos- £°wer for
ing a penalty for a contravention of any of the pro- order payment
visions of this Act or the regulations made thereunder gj «"«• due
or of a Determination of a Wages Board may order 8 2 No< 304j
the offender to pay to any person in respect of whom
ho has been convicted of a contravention as aforesaid
and who is or has been in his employ such sums for
arrears of pay or overtime or tea money (for any period
not exceeding twelve months)* as the court may con-
sider to be due to such person and any such sum may
be recovered by distress and in default of payment the ^jjjj1^
offender shall be liable to imprisonment with or with- imprisonment.
out hard labour for a term of not more than three
months.

233. (1) If a factory or bake-house f is not kept in
conformity with this Act or if in any factory or bake- or bake-house
house there is a contravention of any of the provisions
of this Act the occupier thereof shall if no other penalty
is by this Act provided be liable to a penalty of not
more than Ten pounds and to a further penalty of One
pound for every day during which such breach con-
tinues after the delivery by an inspector at his factory
or bake-house of a notice notifying him that a breach of
the provisions of this Act is taking place by such fac-
tory or bake-house not being kept in conformity with
this Act or by a contravention thereof otherwise
occurring.

(2) The court in addition to or instead of imposing
such penalty may order certain means to be adopted
by the occupier within the time named in the order for
the purpose of bringing his factory or bake-house into
conformity with this Act and may upon application
enlarge the time so named ; but if after the expiration
of the time as originally named or enlarged by subse-
quent order the order is not complied with the occupier
shall be liable to a penalty of not more than One pound
for every day that such non-compliance continues.

* A comparison of this section with section 225 shows that there are two
methods by which an employs' may obtain through the Court wages due to him.
Under this section an employer must be convicted in a prosecution against him
taken by the Chief Inspector of Factories to enable the Court to order payment
of all arrears. Under section 225 the employ 6 himself must issue a civil summons
for the recovery of his wages. Compare section 226 and footnote thereto.

t Although this section speaks of a " factory or bake-house," it is to be noted
that under section 3 of this Act any place " in which one or more persons are or
is employed and in which any bread or pastry is made or baked for sale " is a
factory.

116

Penalty on
parent for
allowing child
or young
person to be
employed
contrary to the
Act.

Penalty for
employing
persons contrary
to the Act.

from work.

Penalty for
obstructing
inspector.

234. (1) The parent of a child or person under
eighteen years of age shall, if such child or person is
employed* in a factory contrary to the provisions of
this Act be liable to a penalty of not more than Twenty
shillings for each offence unless it appears to the court
that such offence was committed without the consent
connivance or wilful default of such parent, f

(2) Where a child or person is employed in a factory
contrary to the provisions of this Act, the occupier of
the factory shall be liable to a penalty of not more than
Three pounds, or if the offence was committed during
the night of not more than Five pounds for each child
or person so employ ed.f

Times for meals 235. A person who is not allowed times for meals and
and absence absence from work as required by this Act, or during
any part of the times allowed for meals and absence
from work is in contravention of the provisions of this
Act employed in the factory or allowed to remain in
any room, shall be deemed to be employed contrary to
the provisions of this Act.

236. (1) Where an inspector is obstructed in the
execution of his duties under this Act the person ob-
structing him shall be liable to a penalty of not more
than Five pounds. J

(2) Where an inspector is so obstructed in a factory,
the occupier of that factory shall be liable to a penalty
of not more than Five pounds, or where the offence is
committed at night of not more than Twenty pounds.

237. (1) If one or more persons be found in a fac-
tory under such circumstances as in the opinion of the
court adjudicating raise a presumption that such per-
son or persons have been employed in such factory con-
trary to the provisions of this Act it shall be a pre-
sumption of law that such person or persons have been
so employed provided that if any such person or persona
are shown to be in such factory while all the machinery
of the factory be stopped or for the sole purpose of
bringing food to the persons employed in the factory or
if the time at which he or they are so found be shown
to be the time allotted to meals, such presumption shall
not be deemed to have arisen.

* As to when a person is "employed" see Ballantyne v. HincMiffe, A.L.T.,
34, noted at Section 168.

+ Refer to sections 34, 36, 37, 39, 40, 41, 42, 43, 44, 46, 62, 64, and 65.

J As to what constitutes obstruction see sections 19. 20. 123. and 1?4.

Failure to produce to an Inapector a book not required to be kept under thl«
act does not amount to obstruction. — Bishop v. Rocke and Co., 20 A.L.R., 24S.

Presumption ol
law and
evidence in
proceedings.

117

(2) Yards, play-grounds and places open to the pub-
lic view school-rooms waiting-rooms and other rooms
belonging to the factory in which no machinery is used
or manufacturing process carried on shall not be taken
to be any parts of the factory within the meaning of
this section.

238. (1) Every person who forges or counterfeits any Forgery of
certificate of the kind prescribed or required for the ent^ca'and * "*
purposes of this Act (for the forgery or counterfeiting declaration*.

of which no other punishment is provided), or who gives
or signs any such certificate knowing the same to be
false in any material particular, or who knowingly
utters or makes use of any certificate so forged counter-
feited or false as aforesaid, or who knowingly utters or
makes use of as applying to any person a certificate
which does not so apply, or who personates any person
named in a certificate, or who wilfully connives at the
forging counterfeiting giving signing uttering making
use or personating as aforesaid, shall be liable to a
penalty of not more than Twenty pounds or to im-
prisonment with or without hard labour for a term
of not more than three months.*

(2) Every person who wilfully makes a false entry in
any book register notice certificate list record or docu-
ment required by this Act to be kept or served or sent,
or who wilfully makes or signs a false declaration or
return under this Act, or who knowingly makes use of
any such false entry or declaration or return, shall be
liable to a penalty of not more than Twenty pounds or
to imprisonment with or without hard labour for a term
of not more than three months.

239. Any employer who dismisses from his employ- Penalty for
ment any employe by reason merely of the fact that* the JSSoy?inf
employe — certain cas<st-_

(a) is a member of a Wages Board; or s. 2. NO. 30*8.

(6) has given information with regard to matters
under this Act to an inspector; or

(c) has after having given reasonable notice to his
employer of his intention absented himself
from work through being engaged in other
duties as a member of a Wages Board. ibid.

shall be liable to a penalty of not more than Twenty -
five pounds for each employe so dismissed.

The punishment for forging an Inspector's certificate of appointment is
provided in section 21.

118

Penalty for
neglect to
close shop.

Penalty for
offence not
otherwise
provided for.

240. A shopkeeper or a person acting or apparently
acting in the management of a shop who fails or neglects
to close his shop in accordance with this Act or any
regulation or by-law made thereunder shall for the first
offence be liable to a penalty of not more than Two
pounds and for every subsequent offence to a penalty of
not less than One pound nor more than Ten pounds.*

241. Every person guilty of any offence against this
Act or any regulation or by-law thereunder for which
no other penalty is provided shall for the first offence
be liable to a penalty of not more than Two pounds and
for every subsequent offence to a penalty of not lesd
than One pound nor more than Ten pounds.

PAET XIII.— REGULATIONS.!

Beguiations. 242. The Governor in Council may by order published

in the Government Gazette make regulations —

for fixing a scale of fees to< be taken by certifying
medical practitioners for examinations and re-
ports made, and certificates given by such cer-
tifying medical practitioners in pursuance of
the provisions of this Act, and for making pro-
vision generally with regard to such examina-
tions certificates and reports ;|

for prescribing the form of notices to be given in
pursuance of this Act;§

for prescribing the form of returns to be made by
occupiers and by employers ;

for prescribing the provisions of this Act and re-
regulafcions thereunder to be posted in fac-
tories, and the forms of and particulars to be
given in records to be made or kept by occu-
piers of factories ;||

for prescribing the periods at which and the
materials with which the floors and windows of
factories and bake-houses and the privies and
urinals used in connexion therewith are to be
washed and cleaned ;1[

* Compare section 104 ante.

t The validity of regulations made or purporting to be made under the
provisions of this Act can only be tested before the Supreme Court.— Section

I Sections 11, 46, 47, and 67 ante and the regulations at p. 147.

§ Sections 14, 15, 25, 37, 60, 66, 87, 125, 137, and 195 and the regulations
•at p. 128.

II Sections 22, 23, 126, 137, and 197 and the regulations at p 155.
t The regulations at p. 162.

119

for prescribing the classes of factories in which per-
sons under the age of sixteen are to obtain cer-
tificates of fitness for employment;*

for requiring employers to furnish all information
necessary for preparing lists and rolls of elec-
tors none of whom shall be under the age of
eighteen years for Wages Boards, and for de- 8< 2 No- 304lt
termining the mode of preparing such lists and
rolls, and the mode of electing members of
such Boards, and the appointment and duties
of returning officers;!

for prescribing the character of the examinations
and conditions under which certificates of ser-
vice and competency may be granted under
Division sixteen of Part III. of this Act; I

for prescribing the fees to be charged for suspend-
ing pursuant to the provisions of this Act the
operation of any of the provisions thereof in
any factory;

for imposing penalties not exceeding Five pounds
on any person failing or neglecting to comply
with any regulations made under this Act;

for prescribing where the stamp shall be placed on
any class or any kind of furniture ;§

for prescribing the means method and amount in
factories and shops of fire-escape fire-prevention-
ventilation air-space cleanliness sanitary pro-
visions and arrangements for securing the
health safety and convenience of employes ;]|

for prescribing the times and places of meetings of
Wages Boards and their mode of procedure; ibid.
and the rates of pay to be given to* the chair-
man and to members of Wages Boards for ibid.
attendance at the meetings of such Boards ;

generally for the better carrying out of the pro-
visions of this Act.

243. When any regulation or by-law made or con- Alteration or
tinued in force under this Act is altered or rescinded flgSSn^not
by any subsequent regulation or by-law, such alteration *° a^ect lesai
or rescission shall not, unless the contrary intention ap- r

* Sections 46 and 47 and the regulations at p. 146.

t Section 137 and the regulations at p. 142.

j Section 51 and the regulations at p. 148.

§ Sections 69-76 ante and the regulations at p. 159.

|| The regulations at pp. 128-136.

t Section 155 and the regulations at p. 145.

120

pears, directly or indirectly affect either any legal pro-
ceedings commenced or which might be taken for any
contravention of any such altered or rescinded regula-
tion or by-law or affect any right or privilege acquired
or obligation imposed or liability to any penalty for-
feiture or punishment incurred or imposed thereunder
before the commencement of the operation of any euch
alteration or rescission.

Regulations and 244. (1) If any person desires to dispute the validity
may be anv regulation or by-law made or purporting to have

Supreme Court, been made or continued in force under any of the pro-
visions of this Act it shall be lawful for such person to
apply to the Supreme Court upon affidavit for a rule
calling upon the chief inspector in the case of a regu-
lation or on the municipal council making such by-law
(as the case may be) to show cause why such regulation
or by-law should not be quashed either wholly or in
part for the illegality thereof; and the said court may
make the said rule absolute or discharge it with or with-
out costs as to the court seems meet.

(2) Every such regulation or by-law shall unless and
until so quashed have and be deemed and taken to have
the like force validity and effect as if such regulation
or by-law had been enacted in this Act or in any Act
repealed thereby, and shall not be in any manner liable
to be challenged or disputed; but any such regulation
or by-law may be altered or revoked by any subsequent
regulation or by-law under this Act.

121

Act No. 2845.

1. This Act may be cited as the " White Phosphorus short title
Matches Prohibition Act 1916 " and shall be read and effi!!?*1
construed as one with the " Factories and Shops Act NO. 2650.
1915 " which Act and this Act may be cited together

as the Factories and Shops Acts.

2. Division 14 of Part III. of the " Factories and
Shops Act 1915 " is hereby repealed.

3. In this Act " white phosphorus " means the sub- interpretation;
stance usually known as white or yellow phosphorus. pn^Jjheoru$...

4. (1) Any person who manufactures or causes to be sees Edw.7
manufactured any matches in the manufacture of which penalty for
white phosphorus is used shall be liable to a penalty of ^JlJ,ghi!Jleatchc*
not more than Ten pounds. phosphorus.

(2) The Court by which any such person is convicted ffil" <NN.'s!w.0)
may in addition to imposing any such penalty forfeit 1S No- 1 "• 3<
any white phosphorus or any matches made with white
phosphorus which are apparently in his possession; and
any white phosphorus or matches so forfeited shall be
destroyed or otherwise dealt with as the Court thinks fit.

5. (1) Any factory in which white phosphorus is Effect on
used in the manufacture of matches shall be deemed to

be a factory not kept in conformity with the " Fac- cf Act-
tories and Shops Act 1915." £78P

(2) The occupier of any factory in which the manu- poweMo 1 *' §"
facture of matches is carried on shall allow any inspector inspector to
under the " Factories and Shops Act 1915 " at any time
to take for analysis sufficient samples of any material
in use or mixed for use ; and if he refuses to do so he occupier of
shall be guilty of obstructing the inspector in the ISS/SK"1
execution of his duties under that Act : i"11** 0'

oDstructing

Provided that the occupier may at the time when the |n«pec«on.
sample is taken and on providing the necessary ap-

pliances require the inspector to divide the sample so &iven to
taken into two parts and to mark seal and deliver to him °c
one part.

6. Any person who sells offers or exposes for sale, or prohibition of
has in his possession for sale, any matches made with salc>
white phosphorus may on complaint to a court of petty ?™2pi. 2 ; *
sessions be ordered to forfeit any such matches in his
possession; and any matches so forfeited shall be
destroyed or otherwise dealt with as the court thinks fit.

122

SCHEDULES.
(Act No. 2650.)

Section 2.

FIRST SCHEDULE.

No. of Act.

Title of Act.

Extent of Repeal.

2386
2447
2558

Factories and Shops ^4cU912

Factories and Shops ^cH912
(No. 2)
Factories and Shops Act 1914

So much as is not already
repealed
The whole

The whole

Section 17.

SECOND SCHEDULE.

Every factory in which more than sixty persons are em-
ployed, per annum

Every factory in which more than thirty and not more than
sixty persons are employed, per annum

Every factory in which more than ten and not more than
thirty persons are employed, per annum

Every factory in which more than six and not more than
ten persons are employed, or in which though more
than six are not employed, steam, water, gas, oil, or
electric power is used, per annum

Every factory in which not more than six persons are em-
ployed, and for which the steam, water, gas, oil, or
electric power is obtained from a factory already
registered, per annum

Every other factory, per annum

£ s. d.
330
220
1 1 0

0 10 0

123

THIRD SCHEDULE. Section $7.

Factories and Shops Act 1915.

OVERTIME WORKED BY MALES UNDER SIXTEEN AND FEMALES (OF
ANY AGE).

Date when Over-
time worked.

Number of Employes.

Females.

Boys under
Sixteen.

Number of Hours Worked by.

Females.

Boys under
Sixteen.

Reasons for Overtime : —

Signature of Occupier.

Date.

To the Chief Inspector of Factories, Melbourne.

FOURTH SCHEDULE.

Confectionery and pastry shops.

Eating-houses.

Fish and oyster shops.

Flower shops/

Fruit and vegetable shops.

Booksellers' and news agents' shops.

Cooked meat (other than tinned meat)

Sections 77, 8S,
84, 85, 97.

S. 7 No. 3048.

124

Section 137. FIFTH SCHEDULE.

Factories and Shops Act 1915.

LIST FOR ELECTORS' ROLL OF ALL PERSONS OF EIGHTEEN YEARS OF
AQE AND UPWARDS EMPLOYED BY (state name of employer).

Name of Employer —

Address —

Nature of Process, Trade, Business or Occupation carried on —

Indicate

Name of Person
employed.

opposite each
name whether
Employ6 is —

Address —

Kind of
Work done
by each

Employe1.

Christian

Surname.j j^g^.

Male.

Female.

Number.

Street.

Place.

I certify that the above is a true and correct list of all the persons
of eighteen years of age and upwards employed, at the date of this
list, as described above.

Signature of Occupier or Manager —

Date —

Section 194. SIXTH SCHEDULE.

CERTIFICATE OF EMPLOYMENT AS AN IMPROVER IN THE*
Name of Employe —

We hereby certify the

Class of Work

Period.

Length of Service.

particulars placed
opposite our Signa-
tures are correct.

Employed at.

From-

To.

Years.

Months.

Weeks.

Employer's
Signature.

Employe's
Signature.

This Certificate must be produced by the Improver when seeking
new employment.

* Here state the nature of the process, trade, business, or occupation in which
such person was employed.

125

FORM OF INDENTURE PRESCRIBED BY THE

BOARD.

THIS INDENTURE made the day of

19
Between

Employer

Apprentice
Parent or Guardian
lor themselves their executors administrators or assigns

WlTNESSETH

That the said employer doth hereby covenant with the said
apprentice and the said parent or guardian that he the said employer
will

(a) Take and receive the said apprentice as his apprentice for

the full term of years from the

day of 19

(b) To the best of his power knowledge and ability teach and

instruct or cause to be taught and instructed the said
apprentice in the process trade or business of*

and in all things incident or relating thereto.

<c) Pay to the said apprentice (during such time as he shall
observe and perform the terms of this Indenture) wages
at the rate following (that is to say) : —

During the currency of this Indenture.

1st year at the rate off per week of hours

2nd'
3rd
4th
5th
6th

(d) Pay to the said apprentice such further rates for overtime

worked as may be fixed by law.

(e) Provide all tools and materials necessary to enable the said

apprentice during the term of this Indenture to perform
his work.

* Here insert fully the description of the process, trade, or business to be
taught.

f The rates to be inserted should be based upon the scale fixed by the latest
Determination of the Board.

126

(/) On completion of the term herein named hand over to the
said apprentice this copy of agreement with a certificate-
thereon to the effect that the said term has been served.

(g) If at any time during the said term he shall die or cease to
carry on the business aforesaid as now carried on by him
either altogether or within a radius of three miles from
his present place of business he or his executors admini-
strators or assigns or one of them will within one month
thereafter find and provide some other employer or
employers carrying on the business aforesaid within such
radius if any there be or if there be none such if the
apprentice so require provide some employer carrying
on business beyond that radius and will assign and
transfer at iiis or their own expense and cost the said
apprentice to such employer or employers upon and
subject to the same or the like conditions and stipula-
tions as are hereinbefore provided.

(h) If from any cause whatever he is unable to find work for
the said apprentice he will transfer such apprentice for a
period not exceeding three months to some other em-
ployer or employers carrying on the same business
within one mile of the original employer's place of busi-
ness he being held responsible for the due performance
of all obligations imposed by this Indenture.

And that the said apprentice and parent or guardian covenant
with the said employer that he the said apprentice during the said
term (unless the employer shall remove his business to some place
beyond the radius of three miles from his present place of business in
which case the apprentice may if he so elect claim to have bis
Indenture assigned to some other employer within the radius if any
there be or if there be none such to be released from this agreement)
will—

(a) Well faithfully and honestly serve the said employer as an
apprentice in his trade or business aforesaid

(6) Willingly obey the lawful orders and commands of the said
employer or of such of his representatives as he the said
apprentice shall be placed under in the said business

waste damage or other injury to the property or goods of
the said employer or any firm or company of which he
may be a member or lend them to any person without
the consent of the said employer

(d) Not unlawfully absent himself from the service of the said

employer during business hours

(e) Not by word or action induce other apprentices to dis-

obedience.

And it is hereby specially agreed by all the parties to this Indenture
that in case any of the covenants hereof are broken by any party
hereto the Chief Inspector of Factories or any Police Magistrate of

127

Victoria shall have power to cancel and make an end of this Inden-
ture of Apprenticeship if he is satisfied that any covenant or coven-
ants have been broken and that it is desirable to do so.

11 is hereby further agreed —

(1) That the said apprentice shall be paid for all days named

as public holidays in the Determination of the

Board and for all working days on which the employer

chooses not to carry on his business.

(2) That the said apprentice shall not be paid for any time he

shall be absent from his said duties through his own
wilful default and neglect or through illness or through
absenting himself from his said employer's service without
leave or licence.

(3) That the said apprentice shall not be entitled to a higher

rate of pay until he has actually worked for the first
period at the next preceding rate.

(4) That in computing the period all time worked as overtime

shall be allowed as a set-off against any absence during
the said period.

And for the true performance of all and every of the said covenant*
and agreements each of the said parties bindeth himself to the other
by these presents.

Signed Sealed and Delivered by the said —

Employer — (L.s.) Witness —

Apprentice — (L.S.) Witness —

Parent or Guardian — (L.S.) Witness —

128

REGULATIONS UNDER THE FACTORIES AND SHOPS ACTS.

WHEREAS by the Fa stories and Shops Acts it is enacted that^the Governor in
Council may, by Order published in the Government Gazette, from time to time
make, alter, and revoke regulations for the purposes therein mentioned, and
generally for carrying into effect the provisions of the said Acts : Now therefore
His Excellency the Lieutenant-Governor of Victoria, with the advice of the
Executive Council thereof, doth by this Order revoke the Regulations made on
the 19th October, 1915. the 17th April, 1917, the 17th September, 1918, the 4th
December, 1918, and the 20th January, 1920, under the provisions of the Factories
and Shops Acts, and doth make the following Regulations (that is to say) : —

CHAPTER I.

*o. 2660. REGISTRATION o* FACTORIES.

Section 242. Definition.

1. The word " administrators " in these Regulations shall mean the Council
of the locality in which the factory is situated and the Chief Inspector of Factories.

8ec*iou 14. Form of Application to Register.

2. The written notice to be served on the Chief Inspector by the occupier of a
factory in accordance with the Factories and Shops Acts shall be in the following
form, and may be left at his office in Melbourne, or sent to him through the post.

REGISTRATION OF FACTORY (AoT 2650, SEC. 14).
The Chief Inspector of Factories, Spring-street, Melbourne.

]I [or We] l hereby give you notice that '

desire to occupy as a factory the premises described hereunder.

The full names of the persons or body of persons

who will occupy tho factory are
The trade name of the firm is
The premises are situate at . .
The factory will manufacture
The mechanical power is

(Electricity, steam, <fec., full description

required).
The number of persons now working (including

working employers) is
The premises are built of
Thprnnfi* /lined with

The roof is -( cejied with

The means of escape in case of fire are (a)
(6) Stairs built of

Width of stairs at narrowest part is
The number of staircases is
The position of staircases is
The number of closets for females is . .
The number of closets for males is
Lavatory is provided for
Urinal is provided for

viz.:—

males and

female*.

129

The Number oj Work-rooms is , and the Dimensions a~e as below :-

How Boom
is dis-
tinguished.

Floor
(Ground,
First,
&c.)

Maximum
Number
of
Persons to
Work in
Rx>m.

Height.

Length.

Breadth.

Number
of
Windows

Number
of
Doors.

Nur
Vent!

Inlet.

nber
>f
la tors.

Outlet.

Inches.

Indies.

Applicant's Signature

Date I

NOTE. — Section 238 of the Factories aw) Shops Act 1915 imposes penalty upon any person
making false entry of any particulars in this notice.

I have examined the above factory and find the particulars given correct,
good

The factory is in fair condition :

bad

This factory will accommodate ....

Inspector of Factories.
.;. employes. Register

[BACK/

Chief Inspector of Factories.
19

J
•. 1

14 i

f' '*

I
o

c
1

».-

'5 i

fei

8 +*

o ,O

14850.— 5

130

Approval of Municipal Council.

3. Every person who is in occupation of any place which is about to beco >
for the first time, or after a period of disuse is about to again become, a fact* •
shall, before the same is used or again usechSS such, forward to the Council r
the district full particulars as to such office, building, or place in the follow ;
form, namely : —

Date,

Section 15(1].

To the Municipal Clerk,

SIR,

I hereby give you notice that I desire to occupy the premises deecri 1
hereunder as a factory and request that the same may be approved by the Le4
Municipal Council.

The full names of the persons or body of per
sons who will occupy the factory are

The trade name of the firm is

The premises are situate at

The factory will manufacture

The mechanical power is . .

(Electricity, steam, <fec., full description
required.)

The number of persons who will probably
working (including working employers) is

The premises are built of . .

_. ., Clined with ..

Theroofi8i ceiled with ..

The means of escape in case of fire are (a)}

(b) Stairs built of

Width of stairs at narrowest part is
The number of staircases is
The position of staircases is

The number of closets for females is

The number of closets for males is. .

Lavatory is provided for . .

Urinal is provided for

viz. :—

males and

females.

THE NUMBER OF WORK-ROOMS is

AND THE DIMENSIONS ARE AS BELOW -

How Iloom is
Distinguished.

Floor (ground,
first, &c.)

The Maximum
Number of
Persons to work
in room.

Height.

Length.

Breadth.

Number of
Windows.

Number or
Doors.

Numbe
of
Ventilate

feet.

inches.

feet.

inches.

feet.

inches.

Inlet.

Applicant's Signature.
Date /

NotE.— Section 238 of the Factories and Shops Act 1915 imposes penalty upon any pt
making false entry of any particulars in this notice.

131

4. If the place proposed to be registered does not come up to the standard
required by these Regulations, or by such one or more of them as may bo applicable
to the particular place in question, the Council shall notify to the person in occupa-
tion of such place the particular objection which, on examination, is disclosed,
and such place shall not be registered until these Regulations are complied with.
A copy of such notification shall be simultaneously forwarded to the Chief Inspector
of Factories.

When the Council has approved of any such place as suitable for a factory the
Municipal Clerk shall issue an approval in writing in the following form : —

Date 19

To the Chief Inspector of Factories, Melbourne.

The Municipal Council of
tioned premises as suitable for a factory : —

has approved of the undermen- Settion If (2).

Name of Finn.

Business to be
carried on.

Address
(Street, &c.)

Number of Persons for whom Accommodation
is provided.

Males.

Females.

Where both Sexes can
be employed together.

(Signed)

Municipal Clerk.

Requirements in Factories.

5. No room in any wooden building on any floor above the first floor — that is
to say, the floor next above the ground floor — shall be approved of as suitable
for a factory, and no place shall be approved of as a factory unless the following
requirements are complied with : —

Air Space.

(a) From the floor level to a height of thirteen (13) feet the free air space shall Section 24.
amount to at least four hundred (400) cubic feet per person employed.

Ventilation.

(b) In the absence of an approved system of mechanical ventilation, each work-
room shall be provided with means of ventilation by openings other than windows
or doors for the inlet and outlet of air in the proportion of not less than 12 square
inches of inlet openings and 12 square inches of outlet openings for each person
employed in such work-room ; such space to be calculated exclusive of all bars,
ornamentation, or other obstruction thereto. Such inlet openings shall be provided
at the height of about 7 feet from the floor level by tubes, shafts, or hoppers in
the external walls, external doors, or external windows, and shall be provided with
means by which they may be readily closed and opened and by which they may
be kept open in varying degrees ; and such outlet openings shall be provided
either in the walls of such room by externally-shielded openings as close to the
ceiling thereof as may be practicable, or else in the ceiling ; and in the latter case
there shall be connected with each such opening an open tube or shaft having a
transverse area equal to that required, and leading through and above the roof
of the building, and having its upper end terminating in a cowl or other similar
contrivance.

132

The provisions of this Regulation shall not, unless considered necessary by the
administrators, apply to a work-room in which there are a fire-place with chimney
and a window made to open, and in which not more than four persons are employed.

Proper means for outlet ventilation shall be provided for all stairwells.

Lighting.

Fire Escape.

Section 25 (d) The following requirements regarding means of escape shall be complied

with in all factories provided that places that have been registered and occupied

*; i.-. ' >• *s factories prior to the 1st January, 1915, may continue to be so registered and

occupied while the administrators consider the means of escape in case of fire are

sufficient to insure the safety of the inmates.

(1) There shall be provided for every floor of a factory above the ground floor
a primary and an alternative escape in case of fire. These shall be so constructed
and situated as to allow of each escape being readily and safely accessible to and
usable by all of the persons who may be accommodated on the different parts of
every floor, so that should exit by one escape become obstructed exit by the other
shall be instantly available and safely accessible and usable.

The primary escape shall, wherever practicable, be an external stairway, any
windows in close proximity to which shall have metal frames and sashes and be
glazed with wire-rolled plate glass. Wherever it is impracticable to build an
external stairway, it shall be an internal stairway completely fire-isolated, situated
as far as possible from lifts or other stairways, and having direct communication
with the outer air.

-The alternative escape shall be either a stairway or some other means of escape
satisfactory to the administrators and approved by them.

(2) Notwithstanding the provisions of this sub-section, it shall not be
compulsory to provide the alternative escape for any building if —

(a) in the case of a wooden building, not more than twenty persons are employed

on the first floor, or
(6) in the case of a brick building comprising not more than two floors above

the ground floor, the number of persons employed on the floors above

the ground floor does not exceed 150.

(3) Provided further that for any building situate within the Metropolitan Dis-
trict as defined in the Factories and Shops Acts other means of escape which do
not comply with all the requirement.' of the above regulation may be accepted if
the Engineer of the Municipality and the Chief Officer of the Metropolitan Fire
Brigades certify in writing that, in their opinion, full compliance is impracticable,
unsuitable, or unnecessary, and that the other means of escape (specified in the
certificate) are at least as safe and effective.

Stairs and Landings,
(e) All stairs and landings shall be constructed of fire-resisting materials with —

(1) Straight flights with half -space or quarter-space landings at intervals

of not more than sixteen nor less than two rises.

(2) A securely fixed continuous hand rail on one side at a vertical height

of not less than 2 ft. 10 in. above the nosing of the tread, and not
less than 3 feet above the landing where the stairway is 3 ft. 4 in."
or less in width ; two such continuous handrails (one on each
side) where the stairway is over 3 ft. 4 in. in width. Balusters
or mid-rails shall be provided to every open side of every unenclosed
stairway.

(3) A clear headway throughout of not less than 6 ft. 6 in.

(4) Steps of uniform dimensions throughout, with strongly secured

treads, not less than 10 inches exclusive of nosing, and rises of
not more than 7 inches.

Section 25

133

(5) The underside of stairs lined except where rises are fitted.

(6) A landing at each floor of the same width as the stairway with a tire-

resisting self-closing door, not less than 6 ft. 6 in. high, of the same
.width as the landing, and opening outwards, so as not to obstruct
the landing.

(7) A width of stairway, not less than 2 ft. 8 in., where not more than

25 persons are employed ; 3 ft. 4 in. where more than 25 persons
and not more than 100 persons are employed. Where more than
100 persons are employed the width of stairs shall be increased
20 inches for every extra 100 or fraction of 100 persons.

(8) All walls and partitions enclosing any staircase shall be of fire-resisting

material. Fire isolated stairways shall be enclosed by brick or
stone walls, not less than 9 inches thick, or by reinforced concrete
walls, not less than 4 inches thick.

Fire Extinction.

(/) The following or other appliances if approved of as equally effective by the Sections 25
administrators shall be provided :«—(«) Iron pipes, not less than 1£ inches in and 26-
diameter, conducting water from a street water main to within the building, with
taps with 2| inches outlet, fitted with Fire Brigade standard hose cocks and hoses of
the same dimensions and of such numbers and in such positions as may be approved
by the administrators ; (6) fire buckets in such proportion as the administrators
may direct, and being not less than one bucket to every 400 square feet of floor
area up to sixteen hundred (1,600) square feet of floor space, such buckets to be ., ^

kept filled with clean water and ready for instant use and placed in proper stands
where directed, or in lieu of fire buckets, effective chemical fire extinguishers,
each of which, having a fluid capacity of 3 gallons, shall be reckoned as equivalent
tp four buckets.

If by reason of any special circumstances of the case any of these provisions
is, in the opinion of the administrators,unnecessary or unsuitable for any particular
building or place, the administrators may approve of such building or place without
such provision or provisions being carried out.

Egress.

(g) The amount of egress space from the ground floor which shall be provided Section 25.
for any factory occupied by not more than 25 persons shall not be less than 2 ft. 8 in. ;
if occupied by more than 25 persons, but not exceeding 100 persons, it shall be not
less than 3 ft. 4 in. ; if occupied by a greater number of persons the egress space
shall be increased at the rate of 20 inches for every additional 100 persons or pro-
portion thereof.

Where the amount of egress space required on the ground floor exceeds five (5)
feet, at least two separate doorways, placed as far apart as practicable, shall be
provided. No doorway or gateway shall be less than 2 ft. 8 in. wide and 6 ft. 6 in.
high in the clear.

Internal Approaches to Doorways.

(h\ No aisle may be less than 2 ft. 8 in. wide. The aggregate width of aisle
or gangways to be at least as wide as the stairways or doorways to which they lead

Doors and Gateways.

(i) Doors and gates forming exits from a factory shall, if so required by the
administrators, be hung to open outwards towards the nearest road, street, or
right-of-way, or to open both inwards and outwards.

No door or gate shall be hung so as to open immediately on to a flight of steps
or to obstruct when open any exit.

131

No door or gate shall during the whole' time the factory is occupied by employes,
excepting the caretaker or watthman, be secured with fastenings other than such
as will allow such door or gate to be readily opened from the inside without a key.

No door or gate across a passage shall have any other fastening ^xcept such as
will allow the door to be readily opened from each side without a key. Knobs
and handles of all bolts and locks must be firmly secured.

Heating Appliances.

Section 24 (J) Means and appliances for efficiently warming the factory shall be provided
when such means and appliances are considered necessary by the administrators.
Except in the case of an electric heater, every heating appliance in every work-
room, whether used for the warming of such room or in connexion with the work
carried on therein, shall be provided with a flue at least four (4) inches in diameter,
and extending^'to the outer air to a point at least eight (8) feet above the appliance.

Lavatories.

(k) The factory shall be provided with properly-appointed lavatories, affording
the means of free ablution for the females employed therein, in the proportion
of at least one lavatory or basin for every twenty females employed. When
considered necessary by the administrators, properly-appointed lavatories, sufficient
in number to provide the means of free ablution for the males employed, may also
be ordered in any factory in the proportion of at least one lavatory or basin for
every twenty males employed.

Sanitary Accommodation.

Section 25. (I) The factory shall be provided with proper closet accommodation in the
proportion of one closet for every twenty persons or fraction of twenty persons
employed therein ; and where persons of different sexes are employed all such
accommodation shall be separate for the sexes, and approaches thereof properly
separated for the sexes shall be provided. Adequate urinal accommodation
shall be provided for every factory in which four or more males are to be employed,
and separate and distinct urinal accommodation for the use of the females may
be ordered for every factory in which more than twenty females are to be employed :
Provided that in factories in which the majority of those employed are to be of
one sex, and not more than two are to be of the other sex, separate and distinct
closet accommodation for the persons of different sexes shall not be required if,
in the opinion of the administrators, the same is suitably provided in adjoining
or adjacent premises : Provided that if the closets and urinals are connected with
a sewerage system the following scale may be adopted in lieu of that given above : —

Number of Males.

1- 20
21- 45
46- 70
71-100

SCALE.
Closets for Males.

And one additional closet for every additional 30 male employes.

Number of Closetg.
1
2

'.'. 3
4

Where closet seat is fixed
lifts

Urinals for Males.
A umber of Males.
4- 45

10- 45

46-100

101-150

151-200

Number of Urinals.
.. 1
1
2
3
4

And one additional urinal for every additional 70 male employes.

135

Closets for Females.
Number of Females. lumber of Closets.

1-20 .. .. .. .. .. .. 1

21-40 . . . . . . . . . . 2

41-60 . . . . . . . . . . . . 3

61-80 . . . . . . . . . . 4

81-100 .. .. .. .. ..5

And for additional numbers over 100, one closet for every 25 females up to 200,

and thence one for every 30 females.

Dressing-room for Females.

(m) If in any factory any manufacture is to be carried on of such a nature as
to necessitate the females employed changing their dresses on entering or on
leaving such factory, then such factory shall not be approved unless it be provided
with a suitable and adequate dressing-room for the use of the females employed
therein.

MATERIALS AND CONSTRUCTION OF CERTAIN FACTORIES.

6. The following rules respecting the materials and the construction of factory
buildings are to be observed as far as possible : —

Cl.188 A.

Buildings for ham and bacon curing, fish-curing, meat- preserving, jam-
making, fruit- preserving, and dairy- produce manufacturing, and simi-
lar trades.

The ceiling or roof to be not less than 12 feet in height : walls to be painted,
plastered with smooth cement, or covered with other impervious material
at least 6 feet in height above floor level, so as to be easily washed and
cleaned. The ground floors to be imperviously paved, and all floors
laid so as to drain into paved channels ; the latter to be intercepted by
deodorizing tanks when required by the administrators. All yards to
be either gravelled or paved, as may be required by the administrators,
and well drainer1.

Class B.

Buildings to be used as bakehouses or butchers' small-goods houses.

The ceiling or wall-plates to be not less than 12 feet in height. The roof of
the bakehouse and of the small-goods house to be lined if no ceili.,g
has been provided. Bakehouses to be provided with floors or to be
imperviously paved. Small-goods houses to be imperviously paved and
laid so as to drain into paved channels. All yards to be either gravelled
or paved and well drained. No part of a manure receptacle, closet,
or urinal to be within 12 feet of any building or room in which the making
of bread or of small-goods is earned on. No building or room in which
the making of bread or of small goods is carried on shall have any
communication with any stable.

Class C.

Buildings for fellmongery, leather-dressing, tanning, parchment-making, and
similar trades.

The ground floors to be imperviously paved, and laid to drain into paved
channels intercepted by deodorizing tanks. All yards to be gravelled
or paved and well drained.

Class D.

Buildings for soap and candle works, glue- making, bone and carcass boiling-
down, bone-crushing, manufacture of artificial manures, and similar
trades.

flection 125.

Form and
Fee.

The roofs or ceilings to be iiot less than 15 feet in height. The floors to be
imperviously paved, and properly graded to drain to impervious drains
discharging to adequate intercepting deodorant catchpits. Close
boilers or covered vats only are to be used, from which pipes are to be
fixed to convey the vapours and fumes through an effective condensing
' and deodorizing apparatus.

Class E. . {^,..

Buildings for antimony works, smelting works of any kind, works for treat-
ment of pyrites, ammonia and other similar works.

Buildings for works included in this class to be provided with suitable con-
densing apparatus, so as to render the fumes innocuous.
All ground floors imperviously paved and laid so as to drain to channels
intercepted by deodorizing tanks. All yards to be gravelled or paved
and well drained.

Class F.
Marine stores.

The yards and floors of the buildings imperviously paved and laid so as to
drain into paved channels.

Rooms in which Females Work.

No room to be used by females shall be approved if the roof of such room
be of iron, and at a shorter distance than 20 feet above the floor, unless
the said room be ceiled or the roof be lined.

CHAPTER II.

REGISTRATION OF SHOPS.

1. The registration of any place as a shop shall be effected by forwarding to
the Chief Inspector of Factories, Spring-street, Melbourne, full particulars of such
place, and of the persons employed therein, including the carters, together with
the proper fee for registration, in the following form : — •

REGISTRATION OF SHOP.
Names in full of Occupier or Occupiers —
Kind of Shop —
Trading Name (if any) —
Street Number and Locality (in full) —

Description of Shop Building (viz., Material of Building, Number of Rooms, &c.) —
Shop has been Occupied previously by —

The 'Number of Shop Employes, including
Carters, &c., is

[Owners, Occupiers, or partners, or their sons or
daughters, are employes if they do any of the work of
the shop.J

The Registration Fee of £ : s.

Signature of Occupier or Partner —

The Chief Inspector of Factories,
• Spring-street,

Melbourne.

Males.

Females.

Total.

d. is forwarded herewith.
Date—

137

DIRECTIONS.

*' Shop " means any building or portion of a building or place or any stall, tent,
vehicle, or pack in which goods are exposed or offered for sale by retail, and includes
any rooms of hairdressers or barbers and boot repairers' shops, and the rooms of
dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners'
shops. Act 2650 s. 3.

It is the duty of every occupier of a shop to register at the office of the Chief
Inspector of Factories, Spring-street, Melbourne, by posting or delivering a form
properly filled up, with the proper fee. No notice, written or verbal, will bo
given, but occupiers unregistered fourteen days after 1st March in each year are
liable to prosecution. (Penalty £10.)

Whenever a shop is transferred to a new occupier or to other premises a fresh
registration must be made and a fresh fee paid.

Registration Forms are obtainable from the Chief Inspector of Factories. Spring-
street, Melbourne, or any Inspector of Factories in the country, or at any Police
Station.

The fee should be paid in the form of cash, cheques (without exchange), money
orders, or postal notes. Postage stamps will not be accepted.
The fees for registration or renewal registration are —

Every shop in which more than sixty persons are employed Three pounds

and three shillings per annum.
Every shop in which more than thirty and not more than sixty persons are

employed Two pounds and two shillings per annum.
Every shop in which more than ten and not more than thirty persons are

employed One pound and one shilling per annum.
Every shop in which more than six and not more than ten persons are employed

Ten shillings per annum.

Every other shop Two shillings and sixpence per annum.

HJBetween the 1st September and the last day of February following half fees ar'
payable on shops first occupied during that period.

The back hereof should be carefully filled in and declared to before this form
is sent on with the registration fee.

List of all Shop Employees (including Carters, Clerks, Packers, and others working Section 126.
in connexion with the shop) employed during the week immediately previous to
the date this form is filled up. (Employes should be grouped as far as possible
according to the Determination under which they are paid.)

Name of Employ 6

Description of Work.
(Apprentices should be clearly
indicated.)

No. of Hours
Worked
during the
Week.

AMOUNT OF WEEK'S EARNINGS.

WAGES.

Males.

Females.

•

Under
21 yrs.

21 yrs.
and over

Under
21 yrs.

21 yrs.
and ever

8. d.

DECLARATION.

I, of

the person registering, do hereby declare that the above is a full and complete
list of all persons (including Carters, Clerks, Packers, and others working in con-
nexion with the shop) employed during the week ended day of

19 , in the shop referred to on the other side
hereof, and that it is true and correct in every particular.

Dated the day of 191

Signature

138

Certificate of Registration.

2. The Chief Inspector of Factories shall for every shop registered by him issue
a certificate.

No Request for Registration to be Made.

3. It shall be the duty of every person or body of persons in occupation of any
shop to procure forms and apply for registration of the shop as aforesaid without
any reminder or demand therefor having been made.

Exits and Stairways.

Sections 113 4. Every shop erected after the 1st January, 1915, and every shop which the
Chief Inspector of Factories considers should be so provided, shall be provided
with exits and stairways on the following scales : —

(a) Exits and Stairways required for Retail Shops used for the sale of Drapery,
Millinery, and Fancy Goods, or any other class of goods combined with Drapery,
Millinery, and Fancy Goods.

242.

Area of each Floor
in Square Feet.

Number and Width of Stairs and Exits.

Total width
of Stairs
and Exits.

Up to 600 ..

1 2ft. Sin.

2ft. Sin.

More than 600 and/

2 2ft. Sin. or . .

5ft. 4in.

not more than 1 ,000 \

1 2ft. Sin. if fire isolated

2ft. Sin.

More than 1,000 and

not more than 2,000

2 3ft. 4in. ^ . .

6ft. Sin.

More than 2,000 and f

1 5ft. Oin. \

not more than 4,000 (

1 3ft. 4in. J One stair to be fire isolated . .

/ 8ft. 4in.

More than 4,000 and

not more than 6,000

2 5ft. Oin.

.. .. •• ..

10ft. Oin.

More than 6,000 and t

2 5ft. Oin.

• • . • • •

1 13ft. 4in.

not more than 8,000 (

1 3ft. 4in.

.. .. •* . •

More than 8,000 and

not more than

10,000

3 5ft. Oin.

«• •• ••

15ft. Oin.

More than 10,000 and f
not more than \

2 5ft. Oin.
2 3ft. 4in.

One 5ft. Oin. stair to be fire
isolated

1 16ft Sin.

12,000 . .

More than 12,000 and (

3 5ft. Oin.

• • •• • • . .

not more than \

1 3ft. 4in.

• • .. ..

18ft. 4in.

14,000 . .

More than 14,000 and

not more than

16,000 ..

4 5ft. Oin.

20ft. Oin.

More than 16,000 and (

4 5ft. Oin. j

)

not more than >

1 3ft. 4in. > Two stairs to be fire isolated . .

[23ft 4in.

18,000 . .

More than 18,000 and

Hot more than

20,000

5 5ft. Oin.

.. . . .. ..

25ft. Oin.

More than 20,000 and r

4 5ft. Oin.

)

not more than {

2 3ft. 4in.

Two 5ft." Oin. stairs to be fire

>26ft. Sin.

22,500 . .

> isolated

)

More than 22,500 and

not more than

25,000

6 5ft. Oin.,

. . . . . .

30ft. Oin.

131J

(6) Exits and Stairways required for Retail Shops other than those used for the sale
of Drapery, Millinery, or Fancy Goods.

Area of each Floor
in Square Feet.

Number and Width of Stairs and Exits.

Total width
of Stain
and Exits.

Up to 600 ..

1 2ft. Sin.

2ft. Sin.

More than 600 and|
not more than 1,000 \

2 2ft. Sin. or . .
1 2ft. Sin. if fire isolated

5ft. 4in.
2ft. Sin.

More than 1,000 and /
not more than 2,000 t

1 2ft. Sin.
1 3ft. 4in.

1
J6ft. Oin.

More than 2,000 and
not more than 4,000

2 3ft. 4in.

6ft. Sin.

More than 4,000 and f
not more than 6,000 \

1 5ft. Oin.
1 3ft. 4in.

J 8ft. 4in.

More than 6,000 and
not more than 8,000

2 5ft. Oin.

10ft. Oin.

More than 8,000 and /
not more than-!
10,000 . .

2 5ft. Oin.\
1 3ft. 4in.

}l3ft. 4in.

More than 10,000 and
not more than
12,000 ..

3 5ft. Oin.

15ft. Oin.

More than 12,000 and ,
not more than J
14,000 ..

2 5ft. Oin.
2 3ft. 4in.

One 5ft. Oin. stair to be fire
isolated ..

J16ft. Sin.

More than 14,000 and (
not more than \
16,000 . .

3 5ft. Oin.
1 3ft. 4in.

jlSft. 4in.

More than 16,000 and
not more than
18,000 ..

4 5ft. Oin.

20ft. Oin.

More than 18,000 and ,
not more than {
20,000 . .

4 5ft. Oin.
1 3ft. 4in. ITwo stairs to be fire isolated . .

23ft. 4in.

More than 20,000 and
not more than
22,500
More than 22,500 and /
not more than ]
25,000 ..

5 5ft. Oin. N .. •"'.I."" S-'^JNi
2 3f t. 4in. 1 . .
4 5ft. Oin. (Two 5ft. Oin. stairs to be fire iso-
) lated .„

25ft. Oin.
j^6ft. Sin,

140

The width of stairs in the scales (a) and (6) from the third to the sixth floors may
be reduced to the width required for the next smaller area, and from the sixth floor
upwards may be again reduced to the next succeeding smaller area provided that
no stairs shall be reduced to a less width than 3 ft. 4 in. except for floor areas
1,000 sq. feet or less. Stairs shall be as far apart as is practicable from each other
and situate as far as practicable from lift elevators or windows and lead direct
to exits. If it be considered by the Chief Inspector of Factories impractic-
able to provide the number of stairs required in Tables (a) or (6) a smaller
number of stairs may be accepted provided they give an equivalent width of exit.
The position of every exit and stairway shall be indicated by the words
" Fire escape " printed in large letters, and so placed as to be as far as possible
visible from every part of the shop.

Construction of Stairs and Landings.
All stairs and landings shall be constructed of fire-resisting materials with —

(1) Straight flights with half -space or quarter-space landings at intervals

of not more than sixteen nor less than two rises.

(2) A securely fixed continuous handrail on one side at a vertical height of

not less than 2 ft. 10 in. above the nosing of the tread, and not less
than 3 feet above the landing where the stairway is 3 ft. 4 in. or less in
width ; two such continuous handrails (one on each side) where the
stairway is over 3 ft. 4 in. in width. Balusters or midrails shall be
provided to every open side of every unenclosed stairway.

(3) A clear headway throughout of not less than 6 ft. 6 in.

(4) Steps of uniform dimensions throughout, with strongly secured treads,

not less than 10 inches exclusive of nosing, and rises of not more than
7 inches.

(5) The underside of stairs lined except where rises are fitted.

(6) A landing at each floor of the same width as the stairway with a fire-

resisting self-closing door, not less than 6 ft. 6 in. high, of the same
width as the landing, and opening outwards, so as not to obstruct
the landing.

(7) All walls and partitions enclosing any staircase shall be of fire-resisting

material. Fire isolated stairways shall be enclosed by brick or stone
walls, not less than 9 inches thick, or by reinforced concrete walls,
not less than 4 inches thick.

Doors and Gates.

5. Doors and gates forming exits from a shop shall, if so required
by the Chief Inspector of Factories, be hung to open outwards towards the
nearest road, street, or right-of-way, or to open both inwards and outwards.

No door or gate shall be hung so as to open immediately on to a flight of
steps, or to obstruct when open any exit.

No door or gate shall during the whole time the shop is occupied by the
public or by employes, excepting the caretaker or watchman, be secured with fas-
tenings other than such as will allow such door or gate to be readily opened from
the inside without a key.

No door or gate across a passage shall have any other fastening except such
as will allow the door to be readily opened from each side without a key. Knobs
and handles of all bolts and locks must be firmly secured.

Internal Approaches to Doorways.

6. No aisle shall be less than 2 ft. 8 in. wide. The aggregate width of aisles or
gangways to be at least as wide as the doorways to which they lead.

141

Fire Extinction.

7. The following or other appliances if approved of as equally effective by
he Chief Inspector of Factories shall be provided t — (a) Iron pipes, not less than
1£ inches in diameter, conducting water from a street water main to within the
building, with taps with 2£ inches outlets, fitted with Fire Brigade standard hose
cocks, and hoses of the same dimensions and of such numbers and in such positions
as may be approved by the Chief Inspector of Factories ; (6) fire buckets in such
proportion as the Chief Inspector of Factories may direct, and being not less than
one bucket to every 400 square feet of floor area up to sixteen hundred (1,600)
square feet of floor space, such buckets to be kept filled with clean water and
ready for instant use and placed in proper stands where directed, or in lieu of fire
buckets, effective chemical fire extinguishers, each of which, having a fluid capacity
of 3 gallons, shall be reckoned as equivalent to four buckets.

If by reason of any special circumstances of the case any of these provisions
is, in the opinion of the Chief Inspector of Factories, unnecessary or unsuitable
for any particular building or place, the Chief Inspector of Factories may approve
of such building or place without such provision or provisions being carried out.

Ventilation.

8. Every shop erected after the 1st day of January, 1915,- and every shop
which the Chief Inspector of Factories considers should be so provided
shall be provided with means for ventilation on the following scale : —

(a) Ventilation shall be in all cases natural except where mechanical ventilation

is the only system practicable.
(6) If the ventilation is natural, there shall be in each room an area of windows,

capable of being opened equal to at least one-twentieth of the floor

area,
(c) If the ventilation is mechanical, it shall be so constructed as to secure

that the whole of the air contained in each room shall be changed at

least four times in each hour.
Proper means of outlet ventilation shall be provided for all stairwells.

Sanitary Accommodation.

9. Every building used as a shop shall be provided with proper closet accommoda- section 112.
tion in the proportion of one closet at least for every twenty persons or fraction of

twenty persons employed therein ; and where persons of different sexes . are
employed all such accommodation shall be separate for the sexes and approaches
thereto properly separated for the sexes shall be provided. Adequate urinal
accommodation shall be provided for every shop in which four or more males are
to be employed, and separate and distinct urinal accommodation for the use of
the females employed may be ordered where more than twenty females are to be
employed. Provided that where the majority of those employed are to be of
one sex, and not more than two are to be of the other sex, separate and distinct
privy accommodation for the persons of different sexes shall not be required if in
the opinion of the Chief Inspector of Factories the same is suitably provided in
adjoining or adjacent premises. Provided that if the privies and urinals are con-
nected with sewerage system the following scale may be adopted in lieu of that
given above : —

SCALE.

Closets for Males.

Number of Males. Number of Closets.

1-20 . . . . -~^— . . *-..-,.»..... . . 1

21-45 . . . . . . . . . . . . 2

46-70 . . . . . . . . . . 3

71-100 ,. .. .. .. .. .. .4

And one additional closet for every additional 30 male employes.

142

Urinals for Males.
Number of Males.

Where closet seat is fixed 4- 45

lifts 10- 45

46-100

101-150

151-200

Number of Urines-
- .. 1
.. 1
2

.. 3
4

And one addtional urinal for every additional 70 male employes.

Closets for Females.

Number of Females.

1- 20
21- 40
41- 60
61- 80
81-100

Number of Closets.

. '^' 1
.. 2
.. 3

And for additional numbers over 100, one closet for every 25 females up to 20G
and thence one for every 30 females.

CHAPTER III.

W4 3ES BOABDS.

137 (5 ). 1. The Chief Inspector shall prepare rolls of electors, none of whom shall lr
under eighteen years of age, in the following forms, and each employer and eae
employe shall have one vote.

Employers1 Rolls.

2. The employers' rolls shall be prepared either from the records in the Factorie
Office, or from the lists forwarded by employers.

ELECTORS' ROLL FOR BOARD.

(1) ROLL OF EMPLOYERS.

Number
on Boll.

Surname.

Christian Names
in full.

Address.

Number.

Street.

Place.

Employes' Rolls.

3. The roll of electors for employes shall in all cases be prepared from
•pecially obtained from employers.

143
ELECTORS' ROLL FOR BOARD.

(ll) ROLL OF EMPLOYES.

Number
on Roll.

Surname.

Christian Names
in full.

Address.

Number.

Street.

Place.

(ers to Forward Lists.
4. Every employer (whenever by notice in writing required by the Chief Inspector
so to do) shall forward a list of persons employed by him in the following form : —

LIST FOR EMPLOYES ELECTORS' ROLL OF ALL PERSONS OF EIGHTEEN YEARS

OF AQE AND UPWARDS EMPLOYED BY
Name of Occupier or Firm —
Address —
Nature of Process, Trade, Business or Occupation carried on —

Name of Person employed.

Indicate
opposite each Name
whether Employ^ is —

Address-

Kind of Work
done by each
Ernploy6.

Surname.

Christian Name
in full.

A Male.

A Female.

Number.

Street.

Place.

I certify that the above is a true and correct list of all the persons of eighteen
years of age and upwards employed, at the date of forwarding this list, as described
above.

Signature of Occupier or Manager —

Enrolling Employes.

5. Every employe, not under eighteen years of age, whose name has been omitted,
and who will be affected by the Board to be appointed, who produces evidence
to the satisfaction of the Chief Inspector that his ordinary occupation when at
work is employment in the process, trade, business, or occupation in regard to
which the lowest prices or fates of payment are to be determined by the Board
shall be enrolled as an elector of representatives of employes on such wages board.

Notice.

6. The Chief Inspector shall notify every employer and employe enrolled for
the purposes of a wages board that his name has been duly enrolled.

144

Appeal.

7. If the Chief Inspector fail, neglect, or refuse to enter any person's name on
th© electors' roll, such person may appeal to the Minister, who may direct the Chief
Inspector to enter such person's name as an elector on the roll, or may dismiss
the appeal, and such decision shall be final.

8. No person shall be entitled to be enrolled both as an elector of representatives
of employers and as an elector of representatives of employes.

Dates for Election.

9. When an election is necessary and the Rolls of Electors have been prepared
the Minister may by notice in the Government Gazette appoint a day on or before
which nominations of candidates for election may be received by the Returning
Officer, and a day for the election of candidates.

10. The Under- Secretary shall be returning officer for the purposes of the
election of any wages board, and he may, by writing under his hand, appoint a
substitute to act for him.

returning officer, the substitute returning officer, and every clerk
employed to count the votes at any election shall, before entering on any of his
duties, make and sign before some justice the following declaration : —

Oath.

I, , do solemnly declare that I will faithfully and impartially,

according to the best of my skill and judgment, exercise and perform
all the powers, authorities, and duties reposed in or required of me by the
• Regulations under the Factories and Shops Acts, as returning officer (or
substitute of the returning officer, or clerk employed in counting the votes)
for the election of wages boards.

And I do further solemnly promise and declare that I will not, at any sutfh
_-... election, attempt to ascertain, save in cases in which I am expressly autho-
rized by law so to do, hovr any person has voted ; and that if in the discharge
of my said duties at or concerning any such poll, I learn how any person
votes, I will not, by word or act, directly or indirectly, divulge or discover
the same, save in answer to some question which I am legally bound to
answer.

Nominations.

12. Every candidate as a representative of employers on any wages board
shall be nominated, in writing, by 10 electors, and every candidate as a repre-
sentative of employes on any wages board shall be nominated, in writing, by
25 electors, provided that a nomination by not less than one-fifth of the whole
number of employers or of employes (as the case may be) on the electors' roll
prepared by the Chief Inspector of Factories shall be sufficient. Every such
nomi.nation shall contain the written consent of the candidate to his nomination
and shall be delivered or posted to the returning officer so as to reach him before
four o'clock on the day of nomination.

13. Should the number of persons so nominated for any wages board as repre-
sentatives of employers or as representatives of employes not exceed the numbor to
be so elected, the returning officer shall report to the Minister that such persons
so nominated to the wages board have been duly elected as representatives or
•mployers or as representatives of employes (as the case may be).

145

Publication of Nominations.

14. Should the number of persons nominated either as representatives of em-
ployers or as representatives of employes exceed the number to be elected on
any wages board, the returning officer shall publish the names of persons so
nominated in the Government Gazette, and a poll shall be taken on the date fixed
by the Minister. The poll shall be taken by voting- papers only, and no voting-
paper shall be allowed which is received by the returning officer after four o'clock
in the afternoon of the day for taking the poll.

Roll

15. No additional names shall be added to the roll of electors after the
returning officer has published in the Government Gazette the names of persons
nominated.

Voting Papers.

16. Every voting-paper shall contain the names of each of the candidates for
election either as a representative of employers or employes (as the case may be).
The Chief Inspector shall cause a voting-paper to be posted at least four days
prior to the date of such election to every elector whose name and address are on
the roll of electors.

17. Each elector shall strike out on the voting-paper forwarded to him all the
names except those of the candidates for whom such elector desires to vote, and
shall forthwith return such voting-paper to the returning officer by placing it in
a ballot-box at the office of the Chief Inspector of Factories, or by posting it. No
voting-paper shall be allowed in which more or fewer names are left uncancelled
than the number of persons to be elected.

Counting Vote.

18. The returning officer shall, as soon as practicable after the hour fixed for
receiving voting-papers, count the votes received, and report to the Minister
the election of those candidates, not exceeding the number to be elected, who have
received the greatest number of votes.

Casting Vote.

19. In case of two or more candidates receiving an equal number of votes, the
returning officer shall have a casting vote.

20. In all cases not herein provided for the rules and usages at parliamentary
elections shall be followed so far as they may be applicable.

MEETINGS OF WAGES BOARDS AND PAYMENT OF MEMBERS.
Nomination of Chairman.

21. Every wages board shall meet at the Department of Labour for the purpose Sections 140
of nominating a chairman, and thereafter at such other times and places as may and 242.
be arranged by such wages board.

Secretary.

22. The Chief Inspector shall direct some officer to act as secretary to each wages
board.

Minutes.

23. Entries of all proceedings of any wages board shall be kept by the secretary
with the names of the members who attend each meeting.

Conduct of Meetings.

24. The mode of conducting the business for which any wages board is appointed
may be fixed by any such wages board, or may be left to the decision of the
chairman.

146

Determination.

25. Every determination shall be communicated to the Minister, in writing, by
the chairman of such wages board.

26. After the determination of any wages board has been communicated to
the Minister such board shall adjourn sine die, and shall meet again only when
convened by the Minister of Labour or by the chairman of such wages board.

Fees and Expenses.

27. The chairman and members of boards shall be paid as follows : —

Three hours attendance or less — Chairman, 10s.; member, 5s.
Over three hours attendance — Chairman, 20s.; member, 10s.

Any member residing ten miles or more from Melbourne shall be paid, in ad-
dition, train fare from place of residence to Melbourne, and 10s. a day travelling
expenses. •

Provided that members shall not be paid fees, fares, or expenses for more than —
(a) seven meetings in the first twelve months after the constitution of the

Board ;
(6) four meetings in any subsequent year.

When computing the time occupied in attendance, intervals for meals
shall not be counted

CHAPTER IV.

MEDICAL CERTIFICATES.
Factories in which Medical Certificates are required.

Stction 24X. 1. Certificate of fitness for employment must be obtained by employes under
sixteen years of age working in factories —

Station 46. (a) in which or in connexion with which steam, water, gas, oil, or electric

power is used, but such Certificate need not be obtained in factories
in which such power is used only to drive sewing machines, or in factories
in which dresses, mantles, clothing, white work, underclothing, shirts,
or boots and shoes are prepared or manufactured.

(6) in which or in connexion with which work is carried on incidental to the
following businesses, manufactures, or trades (that is to say) : —

Aerated Water Works. Iron Mills.

Blast Furnaces. Lead and Shot Works.

Bleaching and Dyeing Works. Letter-press Printing Works.

Bookbinding Works. Manure Works, Bone Mills, Glue

Candle, Soap, and Tallow Works. Works, &c.

Cigars, Cigarettes, and Tobacco Metal Works (that is to say) : — Any

Works. works in which the manufacture of

Copper Mills. any article of metal is carried out.

Die-sinking and Engraving Works. Paint Works.

Earthenware Works. Plumbers' Works.

Foundries. Tinware Works.

Glass and Glass Bottle Works. Varnish Works.

Glass Bevelling and Cutting. White Lead Works.

Glass Silvering and Staining. Wire Works.

147

Fees to be taken by Certifying Medical Practitioners.

2. The fee for any examination for a certificate for any male person of fourteen
to sixteen years of age, or female person of fifteen to sixteen years of age, shall be
2s. 6d., and where a certificate is granted such fee shall include such certificate.

The fee must be paid before examination, and will be retained, although no
certificate be granted.

The fee for any investigation and report required under the Factories and
Shops Acts shall be £1 Is. A special fee in the discretion of the Minister may be
paid for an investigation and report in any case of exceptional importance and
difficulty.

No-other fee shall be demanded or taken by any certifying medical practitioner.

Examination by Certifying Medical Practitioner.

3. The examination for a certificate must be conducted by the certifying Section 11.
medical practitioner in person, and there must be in every case a personal
inspection and medical examination.

Books to be Supplied to Certifying Medical Practitioners.

4. The Chief Inspector shall from time to time supply each certifying medical Section 4<J.
practitioner with a printed book of butts and forms of certificates prepared in the
following form : —

Date-
Place—

coo

COO
COO

COS

coo

feM
coo

Name of Applicant —
Residence —
Age —

In what class or «»
classes of Factory ^
to be employed — «»

Remarks : —

COO

coo
coo

COO

coo
coo

COO

coo
coo
coo

COO
COO

coo

Certifying Medical ^
Practitioner. «»

Factories and Shops Acts.
CERTIFICATE UNDER THE FACTORIES AND SHOPS ACTS.
I, being a certifying medical practitioner under the
Factories. and Shops Acts, have been satisfied either by
a certificate of birth, a statutory declaration, or other
sufficient evidence 1<hat
of is of the age of

years, and I certify that has been personally

examined by me, and is not incapacitated by disease
or bodily infirmity for working daily for the time
allowed by law in the following class or classes of
factories,* viz. : —

Certifying Medical Practitioner.
Date —

* NOTE. — The certifying medical practitioner may
here insert the words " all classes," or he may
confine the certificate to any particular class or classes
of factories by naming same. Certificates are only
required by persons under sixteen years of age, i.e.,
by boys between fourteen and sixteen, or by girls
between fifteen and sixteen.

Record of Examination.

5. Before issuing a certificate the certifying medical practitioner shall enter in
the butt the particulars set out in the certificate with such remarks as are applicable.
Butts of all used books shall be returned to the Chief Inspector to be filed.

148

Notice to be sent by the Certifying Medical Practitioner when Certificate

is refused.

6. If the certifying medical practitioner cannot grant such certificate to an
applicant on account of physical unfitness for employment in a factory, he shall
forward to the Chief Inspector of Factories the name and address of the person
to whom the certificate is refused.

CHAPTER V.

THE GRANTING OF CERTIFICATES TO ENGINE-DRIVERS AND BOILER ATTENDANTS.
Sections 50
•ad 242. Examinations.

1. Examinations will be conducted by the Board of Examiners at such times and
places as may from time to time be notified by the secretary in the Government
Gazette and in a newspaper or newspapers published or circulated in the locality,
and candidates will be examined according to priority of receipt of notice required
by clause 2.

Preliminary Requirements.

2. Each applicant for a certificate must forward to the Secretary for Mines,
Melbourne, notice in writing of his intention to present himself for examination,
such notice to be given not less than seven clear days prior to the date of
examination.

The notice must be accompanied by cash, post-office order, or postal note
to the value of 10s.

Should the applicant pass the prescribed examination the deposit shall, in
each instance, go towards payment of the fee for certificate ; in the event,
however, of the failure of the candidate to pass the examination, such
amount shall be forfeited and be paid to the consolidated revenue.

3. A candidate must, if possible, produce testimonials or certificates, signed by
his employers, and such documents must specify clearly and distinctly the class
of steam engines he has driven, or assisted to drive, or class of steam boilers he
has attended or assisted to attend. The diameter of the cylinders of the steam
engines driven must be stated on the testimonials. In cases where a candidate is
unable from any sufficient cause, to produce testimonials from his employers, the
Board may accept a statutory declaration or other sufficient proof that such
candidate drove or assisted to drive a steam engine or engines for a period of
twelve months, or attended or assisted to attend a steam boiler or boilers, for a
period of six months, as evidence of his having had the necessary experience to
entitle him to be examined.

4. Every candidate for a certificate of competency or service shall : —

(a) make a statutory declaration that the testimonials he produces are genuine
and true and correct in every particular, such declaration to be presented
to and retained by the Board.

(6) produce written evidence of character.

likely to interfere with the efficient discharge of his duties.

(d) State his full name, also the place and date of his birth, which shall be

inserted in any certificate issued by the Board to him.

1*9

(e) Prior to his examination for a certificate of a higher class produce any
certificate issued to him under these Regulations, such latter certificate
to be surrendered to the Board in the event cf the higher class one
being granted.

5. If a candidate fails .to pass the examination prescribed, he shall not again
present himself until a period of not less than three months shall have elapsed
from the date of his last examination.

Fees to be charged.

6. The fees to be paid for certificates issued by the Board of Examiners shall be —

For a 1st class certificate of competency as an engine-driver £150

For a 2nd class certificate of competency as an engine-driver. 100

For a 3rd class certificate of competency as an engine-driver 100

For any certificate of service as an engine-driver . . . . 100
For a certificate of competency or of service as a boiler

attendant . . . . . . . . . . 0 10 0

For a copy of any certificate (if lost) . . . . . . 0100

For a certificate of registration issued under clause 21 of these

Regulations ...."• • • • • • • • . 0 10 0

No certificate shall be issued until full payment of the fee required shall have been-
made to the Secretary for Mines.

CERTIFICATE OF COMPETENCY TO DRIVE STEAM-ENGINES.

First Class Certificate.

7. A 1st class certificate issued by the Board of Examiners shall entitle the
holder to drive any steam-engine in or in connexion with a factory.

8. An applicant for a 1st class certificate must, except as hereinafter provided,
produce to the Board satisfactory evidence —

(a) (1) That he has been the holder of a 2nd class certificate, under the
Factories and Shops Acts, a 3rd class certificate under the Mines Acts,
or a corresponding certificate issued in any other State of the Com-
monwealth or New Zealand, for a period of not less than twelve
months, and that he has during that period had charge of and driven
for a period of not less than six months a steam-engine of a class
which he, as the holder of either of such certificates, is entitled to
drive; or

(2) that he has been in charge of and has efficiently managed, and driven
a steam-engine the cylinder of which is more than 12 inches in diameter,
or a double- cylinder steam-engine the cylinders of which have a com-
bined area equal to that of a single cylinder of more than 12 inches
in diameter for a period of not less than 12 months ; or

(3) that he has served an apprenticeship to an engineer for five years, and
during the period of his apprenticeship has been employed in the
making or repairing of steam-engines, or, if he has not served such
apprenticeship, that for not less than five years he has been employed
as journeyman mechanic in some factory in the making or repairing
of steam-engines, and in either case that he has had not less than six
months' experience in assisting to drive a steam-engine the cylinder

l.M)

of which is more than 12 inches in diameter, or a double-cylinder engine
the cylinders of which have a combined area equal to that of a single
cylinder of more than 12 inches in diameter; or

(4) that he has had not less than six months' instruction in engine-
driving at any educational institution approved by the Board
(6) That he is at the date of examination not under the age of nineteen (19)
years nor over the age of fifty (50) years. The latter age not to apply
to persons who had experience in driving steam-engines previous to
their attaining the age of fifty (50) years.

In addition to producing this evidence, the applicant must pass an
examination as to the construction of the various steam-engines
and steam-boilers in general use, and as to the details of different
working parts, external and internal, and the use of such parts, and be
able to explain how to correct defects and what action is necessary
in the ordinary emergencies which may arise in connexion with
steam-engines and steam-boilers.

9. A 1st class certificate shall be issued by the Board to a candidate
who satisfies the Board by the production of his certificate that he has
passed an examination equivalent to the examination of a 1st class certificate
of competency under these regulations before some authority recognised by the
Governor in Council for that purpose in accordance with the Factories and
Shops Acts.*

Second Class Certificate.

10. A 2nd class certificate issued by the Board of Examiners shall entitle the
holder to drive any steam-engine in or in connexion with a factory, the cylinder of
which does not exceed 12 inches in diameter, or a double-cylinder steam-engine,
the combined area of the cylinders of which does not exceed that of a cylinder
12 inches in diameter.

11. An applicant for a 2nd class certificate must produce to the Board satis-
actory evidence —

(a) (1) That he has had not less than twelve months' experience in assisting

to drive a steam-engine the cylinder of which exceeds 6 inches in
diameter, or a double-cylinder steam-engine, the combined area of the
cylinders of which exceed a cylinder 6 inches in diameter ; or

(2) That he has been the holder of a 3rd class certificate under the Factories
and Shops Acts for a period of not less than twelve months, and that
he has. during that period had charge of and driven a 3rd class steam
engine for a period of not less than six months ; or

(3) That he has had not less than three months' instiuction in engine
driving at any educational institution approved by the Board.

(b) That he is at the date of examination not under the age of eighteen (18]

years, nor over the age of fifty (50) years. The latter age not to apply
to persons who had experience in driving steam-engines previous to
their attaining the age of fifty (50) years.
In addition to producing this evidence the applicant must pass an
examination as to the use of the principal parts of steam-engines and
steam-boilers in general use of the class he desires to obtain a certificate
to drive, and be able to explain what action is necessary in the
ordinary emergencies which may arise in connexion with such steam
engines and steam-boilers

* The authorities recognised by the Governor in Council are :— •' Board of Trade of Great
Britain, Marine Board of Victoria, The Minister of Marine and Fisheries in Canada, Marine De-
partment of New Zealand, Marine Board of New South Wales. The Head of the Government of
Malta, Marine Board of South Australia, Board of Examiners under the authority of the Governor
of Tasmania, Lieutenant-Governor of Bengal, Governor of Bombay, Marine Board of Queensland,
Governor of Hong Kong, Governor of the Straits Settlements." — (See Government Gazette. 5th
March, 1897, page 934.)

12. A 2nd class certificate shall be issued by the Board to a candidate
who satisfies the Board by the production of his certificate that he has
passed an examination equivalent to the examination of a 2nd class certificate
of competency under these regulations before some authority recognised by the
Governor in Council for that purpose, in accordance with the Factories and
Shops Acts.*

Third Class Certificate.

13. A 3rd class certificate issued by the Board of Examiners shall entitle the
holder to take charge of any steam-engine in 01 in connexion with a factory, the
cylinder of which does not exceed 6 inches in diameter, or a double -cylinder
steam-engine, the combined area of the cylinders of which does not exceed that
of a cylinder 6 inches in diameter.

14. An applicant for a 3rd class certificate must produce to the Board
satisfactory evidence —

(a) (1) That he has had not less than twelve months' experience in assisting
to drive a steam-engine ; or

(2) That he has had not less than three months' instruction in engine-
driving at any educational institution approved by the Board.

(6) That he is at the date of examination not under the age of eighteen (18)
years, nor over the age of fifty (50) years. The latter age not to apply
to persons who had experience in driving steam-engines previous to
their attaining the age of fifty (50) years.

In addition to producing this evidence the applicant must pass an
examination as to the use of the principal parts of steam-engines
and steam-boilers in general use of the class he desires to obtain a
certificate to drive, and be able to explain what action is necessary
in the ordinary emergencies which may arise in connexion with such
steam-engines and steam-boilers.

Certificates of Competency to Boiler Attendants.

15. A certificate of competency as a boiler attendant shall entitle the holder
to take charge of any steam-boiler in or in connexion with a factory.
An applicant for a certificate of competency as boiler attendant must produce
to the Board satisfactory evidence —

(a) (1) That he has had not less than six months' experience in assisting to
work a steam boiler; or

(2) That he has had not less than three months' instruction in the duties
of a steam-boiler attendant at any educational institution approved by
the Board.

• The authorities recognised by the Governor in Council are :— " Board of Trade of Great
Britain, Marine Board of Victoria, The Minister of Marine and Fisheries in Canada, Marine
Department of New Zealand, Marine Board of New South Wales, The Head of the Government
of Malta, Marine Board of South Australia, Board of Examiners under the authority of the
Governor of Tasmania, Lieutenant- Governor of Bengal, Governor of Bombay, Marine Board of
Queensland, Governor of Hong Kong, Governor of the Straits Settlements." — (See Government
Gazette, 5th March, 1897, paste 934.)

152

{&) That he is, at the date of examination, not under the age of eighteen
(18) years.

In addition to producing this evidence the applicant must pass an
examination as to the different fittings of the various boilers in
general use, and the use of such fittings, and as to what action is
necessary in the ordinary emergencies which may arise in connexion
with steam-boilers.

Certificates of Service to Drive Steam -Engines.

16. A 1st class certificate will be granted —

To a candidate who satisfies the Board that during at least twelve months
within three years prior to the 1st October, 1896, he has been in sole
charge of and has efficiently managed and driven a steam-engine in
Victoria the cylinder of which is more than 12 inches in diameter, or a
double-cylinder steam-engine the cylinders of which have a combined area
equal to a single cylinder of more than 12 inches in diameter, and such
certificate shall entitle the holder to drive any steam-engine in or in
connexion with a factory.

17. A 2nd class certificate will be granted —

To a candidate who satisfies the Board that during at least twelve months
within three years prior to the 1st October, 1896, he has been in sole
charge of and has efficiently managed and driven a steam-engine in
Victoria the cylinder of which is not less than 6 inches in diameter, or a
double -cylinder steam-engine the cylinders of which have a combined
area equal to that of a single cylinder of not less than 6 inches in diameter,
and such certificate shall entitle the holder to drive any steam-engine in
or in connexion with a factory, the cylinder of which does not exceed

12 inches in diameter, or a double-cylinder steam-engine, the combined
area of the cylinders of which does not exceed that of a cylinder

12 inches in diameter.

18. A 3rd class certificate will be granted —

To a candidate who satisfies the Board that during at least twelve months
within three years prior to 1st October, 1896, he has been in sole charge
of and has efficiently managed and driven a steam-engine in Victoria, and
such certificate shall entitle the holder to take charge of any steam-engine
in or in connexion with a factory, the cylinder of which does not exceed
6 inches in diameter, or a double -cylinder steam-engine, the combined
area of the cylinders of which does not exceed that of a cylinder 6 inches
in diameter.

Certificates of Service to Boiler Attendants.

19. (a) A certificate of service as a boiler attendant will be granted to a
candidate who satisfies the Board that he has been in charge of and has efficiently
managed a steam-boiler during at least twelve months within three years prior to
the 1st October, 1896, and such certificate shall entitle the holder to take charge
of any steam-boiler in or in connexion with a factory.

20. No certificate of service shall be issued unless specially authorized by the
Governor in Council.

1,53

Certificate of Registration on Transfer from another State or New Zealand.

21. Any person holding a factory engine-driver's or boiler attendant's certificate-
issued in any other State of the Commonwealth or in New Zealand, and who takes-
up his residence in Victoria, may bs granted a certificate of registration of equal
grade, upon payment of the fee prescribed, and without undergoing any
examination.

Disqualification of Holder of Certificate.

22. Any person holding a certificate of competency or of service as an engine -
driver or boiler attendant, and who is charged with any offence or misconduct likely
to be detrimental to the proper or efficient discharge of his duties, may be called
upon by the Board of Examiners to show cause why he should not be disqualified
as a certificated engine-driver or boiler attendant ; and if he fail to satisfy the
said Board, he may, by an order of the Governor in Council, published in the
Government Gazette, be disqualified for any period from acting as engine-driver
or boiler attendant.

23. Any person shall, after such order, deliver into the charge of the said1
Board his certificate of competency or of service, which shall be retained by the
said Bjard during the period of disqualification, and no such person shall during
the period of such disqualification take charge of any steam-engine or steam-boiler.

24. The Board may, if it think fit, hold an inquiry into the conduct of an engine-
driver or boiler attendant accused of any of the foregoing offences ; and with respect
to such inquiry the following provisions shall have effect : —

(1) The inquiry shall be held at such time and place as the Board may appoint,

the person charged to have the right to engage counsel to defend him
at such inquiry. He shall receive fourteen days' notice of the Board's
intention to hold an inquiry, and if the person charged intends to-
employ counsel he shall give seven days' notice of such intention to
the secretary to the Board

(2) TLe secretary to the Board shall, bafore the commencement of the inquiry,

famish to the parsan charged a statement of the case upon which the
inquiry is instituted.

(3) The person charged shall attend such inquiry, and may produce such

evidence as may be considered necessary.

(4) The Board shall, upon the conclusion of the inquiry, forward to the Minister

of Labour a report containing a full statement of the case and its
opinion thereon.

Copies of Certificates.

25. Whenever a person proves to the satisfaction of the Board of Examiner
that he has, without fault on his part, lost or been deprived of any certificate
previously granted to him under the provisions of the Factories and Shops Acts,
such Board shall, upon payment of the prescribed fee, cause a copy of the certificate
to which the applicant appears to be entitled to be made out and certified by the
secretary to the Board, and delivered to the applicant, and any copy so made
and certified as aforesaid shall have the effect of the original certificate.

Section 129.

Section 130.

by (excluding meal-times), provided that for each person the total numbc
eks in any year in which such permission may be granted shall not exceed

154

CHAPTER VI.

CARTERS.
Hours and Half-holiday in the Metropolitan District and all Cities and Towns.

1. No person shall be employed in carrying or delivering any goods, warei
merchandise, or materials whatsoever or in assisting in such work for more tha
sixty hours (excluding meal-times) in any week except with the written conser
of the Chief Inspector of Factories, when such hours mav be not more tha
sevent

of weeks in any year in

2. Every such carter or person assisting (other than those employed in deliverin
bread, meat, and milk) shall have and take a half-holiday in each and every wee
as follows : —

(1) where the material to be carried or delivered is —

perishable articles of human food,

parcels of laundry-work,

flowers (on the way to market),

newspapers,

for the repair of tramways,

for repairing purposes in case of a breakdown in connexion with watei
works, sewerage works, electric light works, gas works, or any oth<
public utility, or of any plant in a factory which would otherwise ha\
to be closed either forthwith or during the next working day for repair

bones and meat refuse from butchers' shops,

dead animals,

aerated waters, or cordials or ice, from the first day of November in an
year to the fifteenth day of April next following,

and in cases where the Chief Inspector of Factories has given any writte
consent to work before or after the legal hours, such half-holiday ma
be had and taken on any day other than Sunday, either from Midnight
till Two p.m. of the following day, or from Two p.m. onwards.

(2) In all other cases —

From Two p.m. on Saturday.

3. Every carter's and stableman's time book or card shall be in one or other
of the following forms : —

FORM No. 1.

CARTER'S AND STABLEMAN'S TIME BOOK OR CARD.
Employer's Name —

Address —
Employe's Name —

Address —

Class of Work done —
Week ending 19

Date.

Time of
Starting
work.

Time of
Finishing
work.

Time Off
during the
day.

Total Hours
worked.

Employe's
Initials.

Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday

Total Hours worked during the Week — Hrs.

Total amount received for Wages and Overtime, during the Week £

Signature of Employe —

Mins.

155

CARTER'S

Employer's Name —
Address —

Employes Name-
Address —

Class of work done —

Week ending —

Form No. 2.
AND STABLEMEN'S TIME BOOK OR CARD.

I Time of
Dim , Starting

a.m.

Time of
Finishing
work,
a.m.

Time of
Starting
work,
p.m.

Time of
Finishing
work,
p.m.

Total hours
worked.

Employ 6' a
Initials.

Sunday ...
Monday ... '
Tuesday
Wednesday ...
Thursday
Friday I
Saturday

Total Hours worked during the week — Hours Mins-

Total amount received for Wages and Overtime during the week £ :

Signature of Employ^ —

CHAPTER VII.

FORMS TO BE KEPT IN A FACTORY OR PLAGE OR FORWARDED TO THE CHIEF INSPECTOR Section 242.

Record of Factory Employes.

1. The true record of the names, work, and wages of all persons employed in
or in connexion with a factory, and the ages of all persons employed under twenty-
one years of age, shall be in the following form, and such record shall be
forwarded to the Chief Inspector within seven days after the 1st January in
each year : —

» RECORD OF EMPLOYES.

For use by Factory Occupiers only. Section 22.

Trade-
Name of Employer (in full) —

Trade Name (if any) —

Street, Number, and Locality of factory (in full) —

The total number of persons employed during the first week in December,
19 . including working employers and persons such as carters working
outside but in connexion with the factory is males females.

The total number of such persons working inside the factory is males

females.

The fee £ is enclosed herewith.

NOTE. — Only persons inside factory count as to the amount of the fee.
Signature — Date —

DIRECTIONS.
A factory is any building or place where —

(a) Four or more persons are engaged in manufacturing or preparing articles
for trade or sale or in a handicraft such as laundry work or work
done in a dye-works ; or

156

{b) One or more persons are working in the following circumstances : —

Where mechanical power is used. Where articles are prepared or
manufactured by Chinese. Where furniture is manufactured.

Where bread or pastry is made. Where coal gas is made. Where
electricity is generated for the supply of light, heat, or power.

Where any clay pit or quarry is worked in connexion with a pottery
or brickyard.

Following is a table of the annual fees — Every factory in which —

Over 60 persons are working 63s.
From 31 to 60 persons inclu-
sive are working . . 42s.
From 11 to 30 .. . . 21s.
From 7 to 10 . 10s.

From 1 to 6
persons in-
clusive are
working

' If steam, water,
gas, oil, or
electric power
generated on
the premises
is used.

If no power is
used or only
that obtained
from a place
already regis-
tered or from
a public elec-
tric supply.

,„

10.S.

The annual fee for the registration of the factory and the record (both of which
must be received before the factory can be registered) are due en the 1st day of
January in each year, and should be sent to the Chief Inspector of Factories,
Spring-street, Melbourne.

The fee should be paid in the form of cash, cheques (without exchange), money
orders, or postal notes. Stamps will not bo accepted.

No notice or demand, written or verbal, will be given or made for the record
and fee, but occupiers of factories making default are liable to a penalty of £10,
and £1 for every day late.

Whenever a factory is transferred to a new occupier or to other premises a fresh
registration must be made and another fee paid.

Employes should be grouped as far as possible according to the Determination
under which they are paid, and, where necessary, each group should be shown on
a separate form.

RECORD OF ALL EMPLOYES, INCLUDING WORKING EMPLOYERS, CARTERS, CLERKS,
*; ngj&ttj PACKERS, APPRENTICES, IMPROVERS. AND ALL OTHERS.

', - •

Name of
Employe.

Description of
Work.

(Apprentices should
be clearly
indicated.)

No. of
hours
worked
during
the
Week.

Amount of Week's Earnings.

Wages.

Piece-work.

Females.

Males.

Females.

•rf

•'£

(M c8

s. d.

c __
s. d.

V o
(N CS

s. d.

*. d.

•;

DECLARATION.

I, of do hereby declare that the above is a

full and complete list of all persons (including working employers and members of
their families, carters, clerks, packers, and others working in connexion with the
factory) employed during the first week of December, 19 , and that it is true
and correct in every particular.

Dated the day of 19 .

Signature —
(Another form should be obtained if more space required.)

Record of Employes in places other than Factories and Shops.
2. The true record of the names, work, and wages of the persons employed in
places other than factories and shops, and the ages of all persons employed under
twenty-one years of age, shall be in the following form, and such record shaL be
forwarded to the Chief Inspector on or before the 1st January.

RECORD OF EMPLOYES.
(Act 2650. Section 197.)

For Hotels, Boarding Houses with 20 or more beds, Master Carters, Employers Section 107.
of Clerks, Packers, Sorters, Miners, and all other persons (except Factory or Shop
occupiers) who employ any workers whose wages are fixed by any Wages Board.

This form should show correct particulars of every person employed during the
first week in December (including working employers and partners and members
<ji__fcheir_Jamilies) and should reach the Chief Inspector of Factories on or before
the 1st January following.

No notice nor demand, written or verbal, will be given or made for this record, but

Employers making default are liable to a penalty of Twenty shillings per day.
Name of Employer (in full) —
Trade Name (if any) —
Street, Number, and Locality (in full) —
What Business carried on —
The total number of all employes during the first week in December, 19 , .-;

Name of
Employ^

Description of
Work.

(Apprentices
should be clearly
indicated.)

No. of
hours
worked
during
the
Week.

Amount of Week's Earnings.

Wages.

Piece-work.

Males.

Females.

Males.

Females.

S B£

t-> cS c3 5"
0) 0> Qj O

•g >> : >-a

&fl : S§

!£
c
Pw

2 <3
$6
>>v

3£

s. d. s. d.

s. d.

s. . d.

DECLARATION

I» of , do hereby declare that the above is a

fall and complete list of aU persons (including working employers and members of
their families, and carters, clerks, packers, and others working in connexion with
the business) employed during the first week of December, 19 , and that it is
true and correct in every particular.

Dated the day of ,19 , .

Signature —
(Another form should be obtained if more space required.)

Section 23.

flection

158

Record of Outwork.

3. The record to be kept by the occupiers of factories, and others who give out
work, of the work done outside a factory, and the name and address of every
person by whom the same is done, and the prices paid in each instance for the
work, shall be in the following form : —

RECORD UNDER THE FACTORIES AND SHOPS ACTS OF WORK DONE OUTSIDE A
FACTORY FOR EACH WEEK DURING THE YEAR 19 IN THE TRADE OF

Name of Employer —

Address —

This record, to be forwarded to the Chief Inspector of Factories on the 1st
of January in each year, or whenever demanded by him.

Date.

Name.

Street.

Place.

Description of Work.

Rate.

I certify that the within record is a true and correcc account of the amount and
kind of work done for me by the persons named herein, and the prices paid for
same during the year ending

Signature of Employer —

Date— 19

Record of Fines imposed.

4. The record of all fines levied upon his employes by the occupier of any factory
shall be kept in the following form, and a copy of such record shall be forwarded
to the Chief Inspector within seven days of the 1st January in each year.

RETURN UNDER THE FACTORIES AND SHOPS ACTS OF FINES LEVIED FOR THE

YEAR 19 .

This return is to be forwarded to the Chief Inspector of Factories on 1st January
in each year.

Name of Occupier or Firm —

Address —

Nature of Work carried on —

Name of Employe.

Date of Fine.

Amount of Fine.

Particulars.

I certify that the above is a true and correct list of the fines levied upon the
employes in the factory of at

Signature of Occupier or Manager —
Date— 19 .

159

CHAPTER VIII.
STAMPING OF FURNITURE. •

1 . The Stamp which by the Factories and Shops Acts is directed to be stamped on
furniture shall be placed where specified in the following Schedule.

Section! 6t
and 242.

Bedsteads
Billiard tables
Book- cases

Book-cases, revolving
Box couches . .
Cabinets

Chairs with wooden seats
Chairs with cane seats . .
Chairs, rocking
Chairs, platform rockers
Chair and couch frames

Chest of drawers

Chiffoniers
Commodes

Cupboards .. ..

Dinner waggons

Duchesse pairs

Footstools

Hall seats and hall chairs

Hall stands

Hall tables

Kitchen dressers

Looking-glasses
Lounges
Meat safes
Office desks

Ottomans
Overmantels . .

Pedestals
Pedestal cupboards

Schedule.

On the underside of foot rail
On the top of the cushion rail.
(a) With drawers, on the inside of the drawer bottom ;

(6) without drawers, on the inside of the carcass

back, 24 inches from the bottom.
On the under side of the top shelf.
On the bottom of the couch, " scroll end." .
(a) With drawers, on the inside of the drawer bottom ;

(&) without drawers, on the centre of the outside

back, 24 inches from the bottom.
On the under side of the seat.
On the under side of the seat rail.
On the under side of the frame.
On the under side of an arm rest.
On the bottom edge of frame, well outwards, to allow

for bottom canvas.
On the inside of the second drawer from the bottom

of the carcass, on the drawer bottom.
On the inside of the drawer bottom.
On the under side of tKe top lid, on the right-hand

corner.

On the inside of the top rail of the door,
(a) With drawers, on the inside of the bottom of the

right-hand drawer ; (6) without drawers, on

the under side of the top shelf, on the right-hand

side.
On the centre of the right-hand drawer bottom, on the

inside.

On the bottom of frame.
On the under side of the seat.
(a) With drawer, on the inside of the drawer bottom ;

(6) without drawer, on the outside back,

24 inches from the bottom,
(a) With drawer, on the inside of the bottom of the

drawer ; (6) without drawer, on the centre of

the back rail on the back.
On the front of the carcass back, between the bottom

and first shelf of the top part ; if without a back

on the under side of the top shelf.
On the outside of the glass back.
On the under side of bottom.
On the inside of the top rail of the door,
(a) With drawers, on the inside of the bottom of the

top drawer ; (6) without drawers, on the

outside of the back rail.
On the under side of bottom.
On the centre of the outside back, 18 inches from the

bottom.

On the bottom of the pedestal.
On the inside of the back, 6 inches above the shelf.

160

Schedule — continued.

Secretaires . . . . On the inside of a drawer bottom.

Sideboards .. -;". . On the inside of the bottom of the ri^ht-haml toy) drawer.

Sofas, chesterfield . . On the bottom edge of the seat rail.

Sofas, colonial . . . . On the outside of back.

Sofas, stump . . . . On the under side of frame.

Tables .. .h. Kitchen, extension, occasional, gipsy, &c., on the under

side of the table top.

Towel- rails . . ' Wj- On the bottom edge of the stand.

Upholstered suites , ..>. All chair and couch frames finished with upholstered

seats to be stamped on the under edge of the

seat rail, in such position as not to be covered
* by webbing or any other material.

Wardrobes ?> .-ii>J 'H»i«j' On the inside of the carcass back, not less than 30 inches

from the top of the carcass.

Washstands . . . . On the centre of the back rail on the back.

Wall brackets . . On the tinder side of shelf.

Whatnots . . . . On the under side of the top shelf.

Sections 176 CHAPTER IX.

and 242.

MODK OF APPEALING TO THE COURT OF INDUSTRIAL APPEALS.

1. Every appeal under the provisions of the Factories and Shops Acts against
the determination of a Wages Board shall be instituted by the appellant forward-
ing to the Minister of Labour a notice, in writing.

2. The notice shall state the character in which the appellant claims
to appear, and when the appeal is by a single employer or group
of employers employing not less than 2.5 per centum of the total
number of workers shall set out particulars of the numbers of workers
employed by each appellant. The notice shall be written in legible characters,
and shall clearly and distinctly set forth the grounds of appeal.

3. The notice of appeal shall be signed in a legible manner by each appellant,
and the full address and occupation of each appellant shall be given opposite
each signature.

4. Such notice shall name some address* for service, not more than 5 miles
from the General Post Office, where notices, orders, summonses, documents,
and written communications may be left for the appellant or appellants, and
all notices, orders, summonses, documents, and written communications served
or left at such address shall constitute effective service on the appellant or
appellants, if there be more than one.

5. Two copies of the notice of appeal shall be forwarded with the original.

6. The Chief Inspector of Factories, or the Registrar of the Court of
Industrial Appeals may allow any employer or employe in the trade affected
by ,a determination against which an appeal has been lodged to make a
copy of the notice of appeal for the purpose of entering an appearance against
such appeal.

7. Any employer or employe in the trade affected by the determination
which is the subject of an appeal who desires to be heard by the Court against
such appeal, shall, seven days at least before the hearing, notify the Registrar
of the Court of Industrial Appeals of such desire, and shall give his full name,
his occupation, and address in such notification.

161

8. The Chief Inspector of Factories shall attach to such notice of appeal a
list containing the names and addresses of the Members of the Wages Board the
Determination of which is the subject of appeal, and also, when necessary, a
certificate giving the number of persons employed in the trade affected by such
employer or group of employers, arid also the total number of persons employed
in such trade as indicated in the Chief Inspector's last Annual Report issued
prior to such appeal, or in the case of appeal by the workers in any trade, a
certificate giving the number of persons employed in such trade as indicated in
the Chief Inspector's last Annual Report.

9. Non-compliance with these regulations shall not prevent the hearing of an
appeal or of opposition thereto unless the Court so orders.

CHAPTER X. No. 2650.

MISCELLANEOUS. Section 195.

Oath of Secrecy. No. 3048.

1. The oath of secrecy to be taken by the Secretary for Labour, the Chief
Inspector, and the officers of the Department of Labour shall be in the following
form : —

I, the undersigned being* do

sincerely promise and swear that I will maintain and aid in maintaining
secrecy as to the names and addresses of persons registered as Outworkers
pursuant to the provisions of the Factories and Shops Acts, and that I will
not divulge to any person whomsoever the name or address of any such regis-
tered Outworker except for the purposes of enforcing the provisions of the
Factories and Shops Acts.

So HELP ME GOD.
Sworn before me, at in the State \

of Victoria, this day of

in the year of our Lord One thousand nine i

hundred and J

Justice of the Peace

* The Secretary for Labour, the Chief Inspector of Factories, or an officer of the Department
of Labour (as the case may be).

Choice of Half-Holiday by Tobacconist. No. 3049.

2. The written notice to be served on the Chief Inspector by the occupier of a Section 5.
Tobacconist's shop shall be in the following form, and shall be sent to him through

the post by registered letter addressed to him at his office in Melbourne.

CHOICE OF HALF-HOLIDAY.

It is hereby notified to the Chief Inspector of Factories, that with respect to
the premises occupied as a Tobacconist's shop at

within the Municipal District of
that I have chosen that the same shall be closed from* p.m. on Wednesdays

for three months from the 19 (and until

further notice).

Full Name of Occupier, Firm, or Company —

Signature —

Date — 19

This notice must be forwarded to the Chief Inspector of Factories by Registered
Letter.

* 1 or 8, as the case may be.
14850.— 6

162

WASHING AND CLEANING OF THE FLOORS, WINDOWS, PRIVIES, AND URINALS OF

FACTORIES.

3. The floors and windows of every factory shall, when so required in writing
by the Chief Inspector of Factories, be washed with hot water and soap.

4. The seats and floor of every privy used by the employes in any factory shall
be thoroughly scrubbed with water and soap once at least every week.

5. Each urinal and the floor adjacent to such urinal shall be thoroughly flushed
with water every day.

VENTILATION IN WAREHOUSES.

6. Every warehouse erected after the first day of January, 1915, and -every
warehouse which the Chief Inspector of Factories consider! should be so fitted
shall be ventilated in accordance with the requirements of Clause 8 of Chapter II.

SANITARY ACCOMMODATION IN OFFICES, WAREHOUSES, OR BUILDINGS (OTHER
THAN FACTORIES OR SHOPS).

7. Every office, warehouse, or building (other than a factory or shop) in which
persons are working or employed in any business whatever shall be provided with
sanitary accommodation in accordance with the requirements of Clause 9 of
Chapter II.

FIRST- AID AMBULANCE CHESTS.

8. Every occupier of a factory or shop where steam, electrical, water, or other
power driven machinery is running shall at all times keep, for the use of the
employees therein, a first-aid ambulance chest in some accessible place upon the
premises, such chest to be equipped and supplied with the following articles,
namely : —

Antiseptic solution, one bottle.
Bandages, cotton and gauze, 1 dozen assorted sizes.
Castor oil, 2 ozs.
Iodine, tincture of, 2 ozs.
Manual, 1 first-aid.
Petrolatum, carbolized, 1 jar.

Picric acid solution, 1 pint made according to the following recipe or
prescription : —

li teaspoonfuls of powdered picric acid, 3 ozs. of absolute
alcohol, and 2 -pints of distilled water.

Pins, safety, 1 packet.

Sal volatile, 6 ozs.

Scissors, 1 pair.

Tourniquet, 1.

Tweezers, 1 pair.

An adequate assortment of —

Cotton, absorbent.
Gauze, sterilized plain.
Lint, absorbent ; and
Plaster, adhesive.

INDEX.

—

Act.

Section.

Page.

ABATTOIRS,

annual holiday for employes

2650

207

103

ABSTRACTS OF ACTS, ETC.,

to be posted up in factory

2650

to be posted up in shop

2650

126

ACCIDENTS,

first-aid appliances to be provided

2650

201

101

Minister may obtain report from expert or

medical man

2650

Minister may direct preventive means

2650

regulations for dangerous trades may be made

2650

to be reported

2650

ADULTS

not to board with employer

2650

198

100

AERATED WATERS,

beginning and ending hours of persons delivering

2650

127

AGE,

evidence of

2650

222

110

AGED, SLOW OR INFIRM WORKER,

Board may fix rates f or

2650

148

may obtain licence from Chief Inspector

2650

202

101

AGREEMENT

to work at less than legal rates invalid

2650

225

110

AGRICULTURE,

exemption from Acts in the country

2650

AIR SPACE

required for each worker

2650

AMBULANCE CHEST

required if power-driven machinery used

2650

201

101,

162

AMENDMENT OF DETERMINATION

not to affect legal proceedings commenced

2650

224

110

ANIMALS (DEAD),

removal exempt from daily carting hours

2650

127

ANNUAL HOLIDAY,

boot repairing

2650

210

105

bread bakers and pastrycooks

2650

203

102

brush making

2650

216

106

butchers in Metropolitan and Geelong Districts

2650

207

103

butchers in Bendigo and Eaglehawk

2650

212

105

carpentering . .

2650

216

106

coach building

2650

216

106

coopering

2650

216

106

cycle traders .. *.,;,* ..

2650

210

105

fish or poultry shops

2650

218

107

fruit and vegetable shops

2650

214

106

furniture

2650

216

106

164

—

Act.

Section.

Page.

ANNUAL HOLIDAY— continued.

Governor in Council may substitute a day in

lieu of the day fixed by the Act

2650

211

105

grocers and shops in which tea is sold

2650

215

106

hairdressing and shaving saloons (Geelong

District)

2650

210

105

hairdressing and shaving saloons (Metropolitan

District)

2650

213

106

may be fixed by Governor in Council where no

provision is made in the Acts . .

2650

210

104

sawmilling *£ j .• <>

2650

216

106

slaughtermen . . . .

2650

207

103

woodworking trades

2650

216

106

ANNUAL REPORT OF CHIEF INSPECTOR, . .

2650

13(1)

general contents

2650

13(4)

to inform Parliament of course and conditions

of trade

2650

13(2)

to be framed so that factory occupier cannot

be identified

2650

13(3)

APPEALS

(see Court of Industrial Appeals.)

APPLICATION OF ACTS.

bread delivery holidays may be extended to

shires

2650

204 (2)

102

carters' daily hours provisions may be extended

to boroughs and shires

2650

not to apply to dairying, agriculture, horticul-

ture, viticulture, and pastoral pursuits, in

shires, towns, or boroughs outside the

metropolitan district

2650

to apply to all factories and shops

2650

to lakes and the sea

2650

APPOINTMENT,

certifying medical practitioners

2650

Chairmen of Wages Boards

2650

140

Chief Inspector and Assistant Chief Inspector . .

2650

Inspectors

2650

members of Wages Boards . . . . f

2650

138

2650

139

members of Wages Boards to be for three years

only

2650

136 (6)

President and members of Court of Industrial

Appeals

2650

174 (4)

Registrar of Court of Industrial Appeals

2650

174 (9)

Wages Boards

2650

133

APPRENTICE,

alteration of Determination not to affect wages

stated in indenture

2650

184

Board must fix proportion of

2650

182

Board must fix wages of . .

2650

182

bound before 31st December, 1910, not to count

2650

183

165

*«' —

Act.

Section.

Pag*.

APPRENTICE — continued.

deemed to work for hire ... ,'><k "«>

2650

Determinations not to affect certain apprentices

2650

185

experience, how calculated

2650

153

guarantee of good behaviour prohibited

2650

193

indenture not invalid if no seal attached

2650

186

indenture not to be entered into except in form

(if any) prescribed by Board

2650

187

meaning of

2650

penalties for not carrying out an indenture . .

2650

188

proportion not to be less than 1 to 3 or fraction

2650

182

technical education for, Board may approve of

2650

182 (2)

to be deemed an improver in certain cases

2650

190

when he may be bound for less than three years

2650

189

when over 21 years of age

2650

189

who becomes over 21 years of age during

apprenticeship

2650

189

ARREARS

due to employes may be ordered by Court in

addition to penalty

2650

232

115

employe may recover within twelve months . .

2650

225

110

ASSISTANT CHIEF INSPECTOR,

appointment

2650

10(1)

duties

2650

10(3)

signature, judicial notice of . .

2650

220 (4)

107

to act in absence of Chief Inspector

2650

10(36)

AUCTIONEER

not to sell new goods after shops closed

2650

110

AUSTRALIAN WINE LICENCE,

conditions for extension weekly hours

2650

119

weekly hours of employes

2650

118

weekly holiday or half- holiday . . /

2650

120

2650

121

AUTHORITY

of Minister for prosecutions

2650

220

107

AWARD

(see Determination of Wages Boards.)

BAKEHOUSE,

limewashing of

2650

provision regarding sleeping accommodation .

2650

BAKERS,

carters' monthly holidays

2650

204

102

hours of closing shop (Metropolitan District) (

2650

yearly holiday

2650

203

102

BARBER

(see Hairdressers and Barbers.)

BATH-ROOM

Minister may require it to be provided

2650

35(4)

166

—

Act.

Section.

Page.

BAZAARS,

if for charity, suspension of shops provisions

2650

107

BEDROOM

in bakehouse building

2650

BENZINE,

sale not forbidden after hours in some cases . .

2650

111

BICYCLE SHOPS

annual holiday (Metropolitan District)

2650

210

105

closing hours . . . . . . /

2650

BILLIARDMARKERS,

conditions for extension of weekly hours

2650

119

weekly hours

2650

118

weekly holiday or half-holiday . . /

2650

120

2650

121

BIRD AND DOG DEALERS, /

2650

shop closing hours . . . . \

2650

BOARD AND LODGING,

cannot be given as payment for work

2650

170

may be considered by the Hotel Employes

Board in fixing remuneration of employes

2650

164

occupiers of factories and shops not to charge for

2650

198

100

permission may be granted to board emplov6s

2650

198

100

BOARDS

(see Wages Boards.)

BOARD OF EXAMINERS (ENGINE-DRIVERS),

powers of

2650

BOARD OF PUBLIC HEALTH

may recommend certifying medical practitioners

for appointment

2650

BOILER ATTENDANTS (see Fees),

certificate not required on farms, &c.

2650

examinations

2650

51(3)

misconduct of

2650

overtime rates when employed on Sunday . .

2650

powers of Wages Boards for . . /

2650

158

2650

159

to hold certificates . . . . f/ iu

2650

BOILERS (STEAM)

may be exempted in certain cases

2650

BONUS OR PREMIUM

not legal in certain trades

2650

191

not to be taken bv shopkeepers

2650

192

BOOKSELLERS AND NEWS AGENTS' SHOPS,

conditions for extension of weekly hours

2650

119

daily closing provisions . . . . /

2650

weekly hours of employes

2650

118

weekly holiday or half -holiday . . f

2650

120

2650

121

167

—

Act.

Section.

Page.

BOOT REPAIR SHOPS

annual holiday

2650

210

105

classed as shops

2650

hours for closing (Metropolitan District) (

2650

BOROUGHS,

application of Acts to

2650

BOYS—

(under sixteen years of age)

not to work as typesetter after certain hours

2650

working hours limited in factories

2650

BREACHES OF ACT, ETC.

(see Offences).

BREAD,

delivery on monthly holidays except by retail

over counter an offence

2650

204(4)

102

places where bread is made or baked for sale

must be registered

2650

two holidays per month for persons delivering

2650

204

102

Wages Board may fix rates to vary according

to the hour of the day or night when the

work is done

3048

yearly holidav for bakers

2650

203

102

BRICKYARD,

certain clay- pits and quarries are factories

2650

minimum age of female employes

2650

39(3)

BRUSHMAKERS,

annual holiday

2650

216

106

BUILDINGS,

groups deemed one factory

2650

regulations re factories

. .

128

regulations re shops

. .

136

when deemed to be shops

2650

BUTCHERS,

annual holiday Metropolitan & Geelong Districts
annual holiday in Bendigo and Eaglehawk . .

2650
2650

207
212

103
105

bones and meat refuse from butchers' shops are

exempt from daily carting hours

2650

127

delivery of meat prohibited on Sunday

2650

208

103

hours for closing in Metropolitan District

2650

hours for closing (outside Metropolitan District)
shops exemption from Saturday half-holiday . .

2650
2650

50
41

BY-LAWS,

of no force if inconsistent with a regulation /

2650

101

made by Governor in Council . . \

2650

102

•53

re shops, hours may be made by Councils

2650

116

validity can only be decided by Supreme Court . .

2650

244

120

CAB DRIVERS

are exempt from daily carting hours

2650

127

168

—

Act.

Section.

Page.

CANCELLATION OF REGISTRATION OF FAC-

TORY

for working after hours

2650

where employer convicted three times for

breach of Determination

2650

226(2)

112

where unsafe or unhealthy

2650

CARPENTERS,

annual holiday

2650

216

106

CARPET PLANNERS OR LAYERS,

rates may be fixed bv Furniture Board

2650

156

CARTERS AND CARRIERS,

all work done to be counted . . f.."

2650

129

application of Acts and power to extend to

2650

Board may fix rates for stable employes

2650

160

carting from outside city, town, or borough . .

2650

128

exemption from shop working- hours' limitation

2650

114

hours and half -holiday, how fixed

2650

129

hours of beginning and ending work daily

2650

127

hours of beginning and ending work not to

apply in certain cases

2650

127

improver in shopkeeper's business not to work

more than 26 hours per week carting

2650

131

overtime and tea money when weekly hours

exceeded

2650

132

permit to work outside daily hours fixed

2650

127 (3)

rate of pay for working outside daily hours

2650

127 (3)

regulations giving weekly hours and half-holiday

2650

129

time book to be kept

2650

130

66, 154

CASUAL WORK,

Boards may define

2650

141 (l/>)

definition of

2650

141 (4)

CATERERS,

conditions for extension of weekly hours

2650

119

weekly hours of employes

2650

118

week'y holiday or half- holiday . . C

2650

120

2650

121

CAVILLING,

Coal Miners' Board may make rules regulating . .
CERTIFICATE OF APPOINTMENT,

2650

157

Inspector to be furnished with

2650

penalty for forging inspector's certificate

2650

CERTIFICATES OF COMPETENCY

for boiler attendants „. Regulations

151

for engine-drivers

2650

holder may be disqualified

2650

if lost, conv mav be issued Regulations

153

CERTIFICATE OF EMPLOYMENT

for improvers

2650

194

169

—

Act.

Section.

Page.

CERTIFICATE OF FITNESS

for persons under sixteen years of age

2650

may be annulled by Inspector

2650

CERTIFICATE OF MUNICIPAL CLERK,

re petition from Geelong shopkeepers

2650

102

re petition from shopkeepers outside Metro- C

2650

politan District

2650

100

(

2650

101

re petition from Fourth Schedule shopkeepers

(Metropolitan District)

2650

re petition for regulation of meat delivery

2650

206

103

CERTIFICATE OF REGISTRATION

not to be issued until factory approved

2650

to be issued to factory occupier

2650

shops

2650

125

CERTIFICATES OF SERVICE

for boiler attendants . . Regulations

152

for engine-drivers

2650
2650

51
52

31,148
32

holder may be disqualified

2650

if lost, copy may be issued Regulations

. .

153

not to be granted unless Governor in Council

authorizes

2650

CERTIFYING MEDICAL PRACTITIONER,

appointment and removal of

2650

duties

2650

fees to be charged . . Regulations

147

in what cases a certificate is necessary

2650

name to be posted in factory

2650

22(2)

public vaccinator to act in certain cases

2650

CHAIRMAN OF WAGES BOARD,

how elected and appointed

2650

140

may administer an oath

2650

151

may call Board together . . Regulations

146

to be deemed a member of Board

2650

136 (6)

CHARITABLE PURPOSES,

exemption of laundries

2650

shops provisions may be suspended for
CHEMISTS,

2650

107

closing provisions (Metropolitan District)

2650
2650

77
83

exemption as to receiving bonus or premium

from employe

2650

192

CHIEF INSPECTOR,

Annual Report to be prepared by

2650

appointment of

2650

10(1)

copy of notice te defective factory to be for-

'" warded to municipal council by . .

2650

25 (2)

electors to be notified of inclusion of name on

roll of Wages Board electors by Regulation?

143

170

—

Act.

Section.

Page.

CHIEF INSPECTOR— continued.

employer may be allowed to board employe by

2650

198

100

factories to be registered by

2650

licences to old, slow, or infirm workers may be

granted by

2650

202

101

meaning of

2650

notice to be forwarded to occupier of factory

in unsatisfactory state by

2650

25(1)

office assigned to him in Melbourne

2650

10(2)

permission to work caterers' employes overtime

may be granted by

2650

119

permission to work Fourth Schedule shop

employes overtime may be granted by . .

2650

119

permission to work hotel employes overtime

may be granted by

2650

119

permit for carting after hours may be granted

2650

127 (3)

permit to female over fourteen to work in

factory may be granted by

2650

petitions for annual holidays to be certified to

2650

210

104

petitions for alteration of annual holiday to be

certified to by

2650

211

105

2650

power to cancel registration of factory •<

2650

38(2)

2650

226

112

power to condemn factory

2650

removal of

2650

10(1)

rolls for Wages Board elections to be prepared

2650

137 (3)

shops to be registered by . .

2650

125

small shops to be registered by

2650

signature, judicial notice of

2650

220 (4)

107

to cause voting papers to be posted to electors of

Wages Boards Regulation*

145

(see also Secretary for Labour)

CHILD,

meaning of <• ....

2650

not to work in factory

2650

of employer not affected by Determination . .

2650

166

parent o{ child liable in certain cases

2650

234

116

permission to work in factory may be given . .

2650

restriction as to employment under certain ages

in some trades

2650

CHINESE,

furniture made bv Chinese to be stamped \

2650

70(4)

2650

73(2)

permitting a person to work defined

2650

places where one or more Chinese are work- /

2650

ing must be registered . . \

2650

working hours limited where Chinese employed

2650

171

—

Act.

Section.

Pago.

CHRISTMAS DAY,

shop may be kept open one hour later on last

day it is open before

3048

CLAY-PIT

is a factory in some cases

2650

CLEANING MACHINERY

while in motion, restriction of

2650

CLOSETS, (

134

accommodation required Regulations \

141

162

CLOSING OF SHOPS,

choice of half-holiday (Metropolitan District). .

3048

closing hour if shopkeeper has more than one shop

3048

closing hour before Good Friday or Christmas

3048

effect of closing shop for public holiday (out-

side Metropolitan District)

2650

effect of closing shop for public holidayj
(Metropolitan District). .

2650
2650
2650

85
86
8.7

45
46
46

3048

2650

hours (Metropolitan District)

2650
2650

85
86

45
46

2650

3048

2650

hours outside Metropolitan District . .

2650

when shop not closed

2650

222 (k)

109

where various classes of goods are sold

2650

105

CLOTHING BOARD,

rates for repairs may be fixed

2650

152

special provision re employers' representatives

2650

162

CLUBS,

weekly hours of employees

2650

118

weekly hours (employ6s)— extension conditions

2650

119

weekly holiday or half-holiday of employes /

2650

120

2650

121

COACHBUILDERS,

annual holiday

2650

216

106

COAL GAS,

places where made must be registered /

2650

COAL MINERS' BOARD

may make rules regulating cavilling

2650

157

172

*»«<l jjiw •:,-*>; ,»';

Act.

Section.

Page.

COMPENSATION

to persons injured by machinery.

2650

231

114

CONFECTIONERY AND PASTRY SHOP,

closing provisions (Metropolitan District) /

2650

*84

weekly hours of employes

2650

118

weekly hours (employes) — extension conditions

2650

119

weekly holiday or half -holiday of employes C

2650

120

2650

121

CONSTITUTION OF BOARDS

2650

136

CONTRACT

to work at less than legal rates of no force . .

2650

225

110

CONTRAVENTIONS

(see Offences.)

CONVENIENCES

(see Sanitary.)

COOKED MEAT (OTHER THAN TINNED MEAT)

SHOPS,

closing provisions (Metropolitan District)

2650

weekly hours of employes

2650

118

weekly hours (employes) — extension conditions

2650

119

weekly holiday or half -holiday of employes (

2650

120

59-

2650

121

COOPERS, *•

annual holiday

2650

216

106

COUNCIL (LOCAL MUNICIPAL),

meaning of

2650

notice to be sent to council re occupying factory

2650

powers when Chief Inspector condemns a factory

2650

to approve of factories and work-rooms

2650

to act on Inspector's report of sanitary

defects

2650

28(2)

COUNTRY

Council may make by-laws re hours of shops /

2650

116

.,,-" f

2650

effect of closing shops for public holiday

2650

(

2650

general power of Governor to make regulations

re shops' hours

2650

101

ordinary hours for closing shops

2650

power of Governor to make regulations re shops'

hours in Geelong District

2650

102

COURT OF INDUSTRIAL APPEALS,

application of decision . . . . (

2650

177

2650

178

constitution of Court

2650

174(2)

decision of Court to be final and without appeal

2650

176(9)

Determination of Court not to be altered by

Board unless leave granted

2650

176 (9)

173

**<* i .CO.MB* ! .*» i —

Act.

Section.

Page.

COURT OF INDUSTRIAL APPEALS— continued.

,,,

Determination)^ Court may be altered by the

Board after twelve months without leave

3048

Determination to be published in Government

Gazette .. .. .. ;->i<

2650

177

matters to be considered by Court . . &&!•»<

2650

175

may ask for further evidence

2650

181

may increase or decrease wages . . ^;:«j'fe

2650

176 (6)

Minister may refer Determination to Court . .

2650

176

mode of appeal Regulations

160

no trade secrets or profits to be disclosed

2650

176*(8)

power to make or alter Determination f

2650

176

2650

180

registrar, appointment of

2650

174 (9)

representative members' fees

2650

174

special powers of . .

2650

181

when barristers, solicitors, or agents may appear

2650

176 (5)

who may appeal to Court

2650

176

COURTS OF LAW,

absence from State no defence for employer . .

2650

221

107

Determination in Gazette form, proof of its

making

2650

223

110

Determination challengeable before Supreme

Court only

2650

171

Determination rates recoverable within twelve

months . . . . ; .

2650

225

110

Gazette containing order extending Board's

powers to be accepted as evidence

2650

135 (2)

information re furniture trade to be laid within

twelve months

2650

222

108

information to be laid within two months except

in certain cases . .

2650

222

108

information, &c., may be amended by the Court

2650

220 (3)

107

payment of arrears may be ordered

2650

232

115

regulations challengeable before Supreme Court

only

2650

244

120

police magistrate either with or without justices
to adjudicate in Courts of Petty Sessions . .

2650

219

107

CREAMERIES AND BUTTER FACTORIES,

Provisions re engine-drivers, &c., applicable to

2650

56(2)

CRIMINATE,

no person required to give evidence tending/

2650

20(3)

to criminate himself .'. . . \

2650

124 (2)

CYCLE TRADE

annual holiday (Metropolitan District)

2650

210

105

DAIRYING,

exemption from Acts in some cases

2650

annually licensed dairies not to pay. fees

3048

174

*<* I —

Act.

Section.

Page.

DANGEROUS MACHINERY,

Governor in Council may prohibit young persons

working at

2650

occupier must guard

2650

DANGEROUS TRADES,

regulations may be made

2650

DAUGHTER

of employer not affected by Determination

2650

166

DEFENCE DEPARTMENT,

when records may be inspected by . .

2650

DEFINITION

of " apprentice " . . . .

2650

of " casual work " or " casual labour "

2650

141 (4)

of " Chief Inspector "

2650

of " child "

2650

of |" council " .. ..

2650

of " employment and working for hire "

2650

of "factory"

2650

of ** furniture "

2650

of " Geelong District " . .

2650

102

of " handicraft " . .

2650

of " improver "

2650

of " Inspector **

2650

of " Metropolitan District "

2650

of " mill gearing "

2650

of "part" .. .. MU:>"'

2650

of ** prescribed " . .

2650

of " process, trade, business, or occupation "

2650

of ** regulations " . . . . . . '^-.'v

2650

- of "schedule" .. .. .. '''';.

2650

of k' shop"

2650

of ?' shopkeeper " . .

2650

of * small shop " . .

2650

of * trade"

2650

134

of week " . . . . fc

2650

of * white phosphorus "

2845

121

of ' work " in certain cases

2650

38(6)

DELIVERY,

daily hours, restriction of . .

2650

127

half-holiday for persons delivering meat

2650

206

102

hall-holiday for persons delivering milk

2650

209

104

holiday twice a month for bread deliverers

2650

204

102

of moat may be regulated

2650

206

103

of meat on Sunday prohibited

2650

208 (1)

103

DETERMINATIONS OF WAGES BOARDS,

agreement to work at less than rates invalid . .

2650

225

110

amendment or repeal not to affect legal pro-

ceedings commenced

2650

224

110

Appeal Court may amend or revoke

2650

165

application of • ..

2650

165

175

1 ] m

Act.

Section.

Page.

DETERMINATIONS OF WAGES BOARDS—

continued.

area to which applicable may be defined *iw

2650

133(2c)

powers of Board for baking bread

3048

Coal Miners' Board's additional power .«./<«.,.

2650

157

date of coming into force

2650

165

duration of

2650

165

effect of wages rate only being fixed

2650

145

employes not to be paid in goods

2650

170

gazettal of

2650

165

Government Gazette conclusive proof of due

making of, &c.

2650

223

110

Hotel Employes Board's additional powers . .

2650

164

may be suspended by Governor in Council /

2650

172

2650

173

may be referred by Minister to Appeal Court

2650

176 (2)

must be posted up in factories, shops, &c.

2650

169

no appeal to have the effect of suspending . .

2650

176 (3)

not to apply to children of employer

2650

166

not challengeable if piece-work rate not based

on wages rate

2650

142

not to affect certain apprentices

2650

185

of Appeal Court cannot without leave be")
altered by Board inside twelve months )

2650

176

payment to employe engaged in more than one /

2650

167

class of work . . . . \

2650

168

peaalty for breach

2650

226

112

removal of suspension . . . . /

2650

172

2650

173

to be signed by Chairman

2650

165

to remain in force until amended

2650

165

validity, how disputed

2650

171

was;es recoverable within twelve months -

2650

225

110

DINING-ROOM,

Minister may require it to be provided

2650

35(4)

DISMISSAL

of employe for acting on Board

2650

239

117

of employe for giving information to Inspector

2650

239

117

DISPUTE (INDUSTRIAL)

powers of Minister to suspend Determination . .

2650

173

DISTRICT,

Geelong District defined

2650

102

Metropolitan District defined

2650

Minister may divide Victoria into districts

2650

10(5)

Minister may assign districts to Inspectors . .

2650

10(5)

DOORS

of factories not to be obstructed

2650

DRESSING ROOM

to be provided in certain cases Regulations

135

176

—

Act.

Section.

Page.

DURATION OF REGULATIONS,

re hours for closing shops, Metropolitan District

2650

84(7)

re hours for closing shops, Geelong District . .

2650

102 (7)

re hours for closing shops, country districts . .

2650

101 (6)

DUST,

ventilation fan, &c., may be ordered

2650

DYERS AND CLOTHES CLEANERS' SHOPS

defined

2650

EATING HOUSE,

daily closing provisions . . . . (

2650

weekly hours of employes

2650

118

weekly hours (employes) — extension conditions

2650

119

weekly holiday or half -holiday of employes

2650

120

EFFECT

of closing shop for public holiday (outside J
Metropolitan District) . .

2650
2650
2650

96
98
99

48
50
51

(

2650

©f closing shop for public holiday (Metropolitan-!

2650
2650

85
86

45
46

District)

2650

of Good Friday or Christmas Day upon shop

closing hours

3048

of public holiday on hours of shop employes . .

2650

114

of public holiday on hours of closing shops

outside Metropolitan District

2650

of public holiday as regards carters' hours

2650

127

of public holiday as regards bread carters

2650

204

102

of Wages Board fixing wages rate only

2650

145

of vacancy on Board

2650

150

ELECTION,

appeal to the Minister against omission of name

from roll . . . . Regulations

144

Board members

2650

137

Board members, mode of electing Regulations

142

Chairman

2650

140

declaration by returning officer Regulations

144

enrolment in one capacity only Regulations

. .

144

nomination of Wages Board candidates

Regulations

. .

144

qualification for enrolment Regulations

142

returning officer, duties of Regulations

. .

144

Under-Secretary to be returning officer

Regulations

. .

144

ELECTRICITY,

ambulance chest necessary if machinery driven

2650

201

101, 162

places where generated are factories

2650

177

—

Act.

Section.

Page.

EMPLOYER (see Records),

children of, not affected by Determination

2650

166

failing to carry out indenture

2650

188

may fix piece-work rates in certain cases

2650

144

not" to pay employes in goods

2650

170

not to lodge adult employes

2650

198

100

not to dismiss employe for acting on Board . .

2650

239

117

qualification of representatives on Boards

2650

136

to forward lists of employes to Chief Inspector

re election of Wages Boards . . m^-

2650

137 (3)

to give improver certificate of employment

2650

194

EMPLOYES,

adults not to board with employer

2650

198

100

bath-room may be required for

2650

35(4)

engaged on more than one class of work (

2650

167

2650

168

dining-room may be required for

2650

35(4)

females under eighteen not to lift heavy weights

2650

200

100

hours in shops

2650

114

in Board trades not to be paid in goods

2650

170

in factories to be paid minimum wage

2650

in shops not to be detained on half -holiday . .

2650

104

in shops may be worked overtime

2650

114

in shops, sitting accommodation

2650

106

in shops to have interval for meals

2650

114 (3)

in wet spinning rooms to be protected

2650

liable to penalty in some cases

2650

228

113

may recover wages within twelve months

2650

225

110

managers of shops, maximum rent payable by . .

2650

108

not to have meals in room where employed . .

2650

not to be dismissed for acting on Wages Board

2650

239

117

not to be dismissed for giving information

2650

239

117

of caterers — working hours

2650

118

old, slow, or infirm may obtain licence

2650

202

101

qualification of representatives on Boards

2650

136

who work eight hours in factory not to be

employed in shops

2650

114(4)

EMPLOYMENT AND WORKING FOR HIRE,

definition of . . . . . . f

2650

persons deemed to be employed

2650

37(3)

ENGINE-DRIVERS (see Fees),

certificate not required on farms, &c.

2650

certificates where necessary

2650

certificates, how obtained

2650

examination

2650

51(3)

may be disqualified for misconduct

2650

overtime rates for Sunday Avork

2650

rates of Board to supersede those of other Boards

for similar work

2650

158 (2)

178

| .toA

Act.

Section.

Page.

ENGINES

on farms, vineyards, &c., exempt

2650

to be securely fenced

2650

ESCAPES IN CASE OF FIRE,

in factories

2650

regulations re factories ....

132

regulations re shops

. .

138

EVIDENCE

in Appeal Court re profits or trade secrets not

to be published

2650

176

judicial notice of certain signatures

2650

220 (4)

107

of Wages Board's Determination, &c.

2650

223

110

of extension of Wages Board's powers

2650

135

of determination of Court of Industrial appeals

2650

177

EXEMPTION

re apprentices bound before December, 1910 . .

2650

183

from Act of persons engaged dairying, &c.

2650

of engines and boilers on farms, &c.

2650

of laundries in prisons, reformatories, &c.

2650

of laundries in religious or charitable institutions

2650

of persons in export trade

2650

207

103

of steam boilers by Governor in Council

2650

of students from Determination rates in certain

cases

2650

226

112

EXPERIENCE

may influence Board in fixing rates for young

people

2650

154

of apprentice or improver, how calculated

2650

153

EXPORT TRADE,

slaughtermen's annual holiday does not apply to

2650

207

103

EXTENSION

of Boards' powers in certain cases

2650

135

of bread delivery holidays to shires

2650

204 (2)

102

of carters' daily hours provisions to boroughs

and shires

2650

of determinations of Wages Boards

2650

133

of Industrial Appeal Court's Determinations . .

2650

178

of powers of Ironmoulders Board

2650

163

EXTINCTION OF FIRE,

provisions for, in factories

2650

provisions for, in shops

2650

113

FACTORY,

air space required

2650

application of Act to

2650

bath-room may be required

2650

35(4)

girl under sixteen not to work in factories

between 6 p.m. and 6 a.m.

2650

child not to be employed in

2650

defects under the Health Acts

2650

Determination ot Wages Board to be posted up

2650

169

179

—

Act.

Section.

Page.

FACTORY— continued.

dining-room may be required yiMM

2650

35(4)

doors, &c., not to be obstructed

2650

dressing room for females . . Regulations

135

fan to be provided if dust generated

2650

fee must be paid on or before 31st January . .

2650

grouped buildings to be deemed one factory . .

2650

guards must be provided for dangerous parts of
half fee for factory opened after 30th June . .

2650
2650

59
17

34
12

hours of employment in, how calculated

2650

37(3)

if dilapidated or unsafe, notice to be sent to

occupier

2650

25(1)

if power-driven machinery used, ambulance

chest to be provided

2650

201

101,

162

limewashing or painting interior

2650

may be entered by summoning officer

2650

meaning of

2650

must obey Minister's directions for accident

prevention

2650

notice to be given to Chief Inspector re occupying

2650

notice to be given to local council re occupying

2650

not to be registered unless council or Chief

Inspector approves

2650

not to be used as a sleeping place

2650

overtime allowed in

2650

prohibition of employment in certain factories

2650

registration necessary

2650

registration to be cancelled if employer convicted

three times for breaches of Determination

2660

226

112

regulations as to buildings, exits, &c.

. .

131

rest-room may be required for female em-

ployes

2650

35(4)

roof to be ceiled in certain cases Regulations

. .

135

sanitary condition of . . . . (

2650

sanitary accommodation . . Regulations

. .

134

to be kept clean, properly ventilated, and not

overcrowded . . . . . . ...

2650

to have name of district Inspector posted up . .

2650

to have name of certifying medical practitioner

posted up . . . . . .

2650

to have holidays and working hours posted up

2650

to have abstracts of Act posted up . .

2650

to have name of occupier printed outside

2650

to be provided with fire prevention appliances

2650

FAIR OR BAZAAR,

sale of goods after hours

2650

107

FALSE ENTRY

in book register, notice, &c.

2650

238

117

180

—

Act.

Section.

Page.

FARM,

exemption from Act in country

2650

exemption re steam engines or boilers

2650

FEES,

for engine-drivers' and boiler attendants' cer-

tificates . . . . Regulations

149

for registration of factory

2650

for registration of shop

2650

125

63,137

for overtime under Section 37 of Act

2650

not payable for annually licensed dairies

3048

of certifying medical practitioner Regulations

147

reduced if factory opened after 30th June

2650

reduced when power is obtained from another

registered factory

2650

Schd.

122

Wages Board . . . . Regulations

. .

146

FEMALES,

dressing rooms, when necessary Regulations

. .

135

hours of work limited in factories

2650

hours of work limited in shops

2650

114

hours of work limited in Fourth Schedule shops

2650

118

in wet spinning rooms to be protected

2650

must not work among or near moving machinery

in certain cases

2650

must not clean mill gearing in motion

2650

outworkers to be questioned by female

Inspectors only

2650

195

overtime provisions in factories

2650

overtime provisions re Fourth Schedule shops

2650

119

overtime provisions in shops

2650

114

rest-room may be required for

2650

35(4)

to be deemed to be employed from time of

entering until leaving factory

2650

37(3)

under eighteen not to lift neavy weights

2650

200

100

under eighteen not to work as type-setters after

certain hours

2650

under fifteen not to work in factory

2650

FENCING MACHINERY (see Guarding Machinerv)

FINES,

a record of fines imposed to be posted in factory

2650

FIRE,

appliances for prevention of fire in factory

2650

appliances for prevention of fire in a shop

2650

113

escapes in case of fire in a factory

2650

proper ingress and egress to be provided in a

shop in case of

2650

113

FIREMAN OR BOILER ATTENDANT,

powers of Wages Board for . . f

2650

158

2650

159

FIRM

may be prosecuted

2650

227

112

181

—

Act.

Section.

Pago.

FIRST AID APPLIANCES

to be provided where power used

2650

201

101,162

FISH SHOP,

annual holiday

2650

218

107

conditions on which hours may be extended . .

2650

119

daily closing provisions . . . . (

2650

weekly hours of employes

2650

118

weekly hours (employes) — extension conditions

2650

119

weekly holiday or halt- holiday of employes <T

2650

120

2650

121

FLOWER SHOPS,

closing hours (Metropolitan District)

2650

conditions on which weekly hours may be

extended

2650

119

weekly hours of employes

2650

118

weekly holiday or half-holiday

2650

121

FOOD,

if perishable, hours of delivery not restricted

2650

127

FORGERY,

penalty for forging certificates, £20

2650

238

117

FORMS .. .. .. Regulations

155

declaration of returning officer Regulations

144

elector's rolls . . . . Regulations

142

notice of choice of half-holiday Regulations

161

oath of secrecy . . . . Regulations

161

to be kept in a factory and forwarded to the

Chief Inspector

2650

shop registration . . . . Regulations

136

time book for carters or stablemen Regulations

••

154

FORTNIGHTLY PAYMENT OF WAGES

2650

199

100

FOURTH SCHEDULE SHOPS,

closing, how regulated in Metropolitan District

2650

closing, how regulated outside Metropolitan (

2650

District .. .. .. \

2650

101

2650

102

exempt from early closing . . . . (

2650

(

2650

hawkers and pedlers not to be counted on |

2650

petition . . . . . . 1

2650

101

2650

102

hours of work of and weekly holiday for (

2650

118

employes

2650

120

2650

121

list of

2650

118

overtime and tea-money

2650

119

182

.<•$' —

Act.

Section.

Page.

FOURTH SCHEDULE SHOPS— continued.

(

2650

84(4)

petition re hours of closing to be signed by (

2650

majority . . . . . . A|

2650

101

2650

102 (4)

stalls and standings in markets not to be}
counted on petitions in certain cases )

3048

FRIDAY,

shops to close at 9 p.m.

2650

FRUIT AND VEGETABLE SHOPS,

annual holiday (Metropolitan District)

2650

214

106

annual holiday in Metropolitan District pro-

hibited in January or February

2650

211

105

conditions on which weekly hours may be ex-

tended

2650

119

daily closing provisions

2650

weekly hours of employes

2650

118

weekly hours (employes) — extension con-

ditions

2650

119

weekly holiday and half-holiday of employes/

2650

120

2650

121

FURNITURE (see Stamping of Furniture),

annual factory holiday for trade

2650

216

106

any place where furniture is made must be (

2650

registered . . . . . . \

2650

daily working hours restricted

2650

imported lurniture to be stamped

2650

made by European labour to be stamped

2650

made by Chinese labour to be stamped

2650

meaning of

2650

must be stamped

2650

to be stamped in factory where made

2650

69(2)

written statement as to how made . .

2650

FURNITURE BOARD,

additional powers

2650

156

members to be appointed without election

2650

161

to fix wages and piece-work rates if practicable

2650

147

rates for repairs may be fixed

2650

152

GARDEN (see Horticulture)

exemption re steam engines or boilers

2650

GAZETTAL

of Appeal Court appointments

2650

174

of Appeal Court's Determinations

2650

177

of Board Determinations . . . '. '

2650

223

110

of Determinations proof of their making, &c. (

2650

223

110

{

2650

177

of extensions of Determinations

2650

178

of record of -work done outside a factory

2650

23(4)

of nominations for Wages Boards

2650

137

suspension of Determinations (

2650

172

2650

173

183

—

Act

Section.

Page.

GEELONG DISTRICT,

bread bakers and pastrycooks' annual holiday . .

2650

203

102

butchers' annual holiday . . »f^..,

2650

207

103

definition of

2650

102

hairdressing, &c., saloons, annual holiday

2650

210

105

regulations may be made for closing shops

2650

102

GIRL,

working hours limited in factories

2650

(under fifteen years of age),

not to work in factory

2650

if over fourteen may be granted permission to

work in factories

2650

(under sixteen years of age),

not to work in factories between 6 p.m. and

6 a.m.

2650

employment prohibited in "some trades

2650

(under eighteen years of age),

must not work among or near moving machinery

in certain cases

2650

not to work as typesetter after certain hours . .

2650

not to lift heavy weights

2650

200

100

employment prohibited in some trades

2650

GLASS, MELTING OR ANNEALING,

minimum age of female employs

2650

GOOD FRIDAY,

shop may be kept open one hour later on

Thursday immediately preceding

3048

GOODS,

auctioneers not to sell new goods after

shops closed . .'

2650

110

carting or delivery prohibited at certain times

2650

127

employes in Board trades not to be paid in . .

2650

170

GOVERNOR IN COUNCIL,

annual holiday in lieu of ariy day fixed in the Act

may be substituted by

2650

211

105

annual holiday in trades, &c., may be granted

2650

210

104

any order may be revoked, altered, or varied

by ..

2650

appointment without nomination to vacancy

on Board may be made by

2650

139

area within which Determination shall operate

may be defined by

2650

133

(2c)

Board member may be removed by

2650

136

(6c)

Determination may be suspended by

2650

172

Determinations of Appeal Court may be dealt

with as if they were Determinations of

Wages Boards

2650

178

184

—

Act.

Section.

Page.

GOVERNOR IN COUNCIL— continued.

general power to make regulations

2650

242

119

powers of Board may be adjusted by

2650

133

(2d)

provisions of Act re bread carters' monthly holi-

days to shire or part may be extended by

2650

204

102

Registrar of Court of Industrial Appeals may

be appointed by

2650

174

regulations fixing an annual holiday in trades,

&c., may be made by . .

2650

210

104

regulations for dangerous trades may be made

2650

regulations for Fourth Schedule shops in

Metropolitan district may be made by . .

2650

regulations limiting carters' hours, &c., may

be made by . . . .

2650

129

regulations re hours of shops outside Metro-

politan district may be made by '*'?>•

2650

101

rules re Court of Industrial Appeals may be

made by

2650

174(10)

scope of Board mav be extended by

2650

135

shop regulations (Geelong District) may be

made by

2650

102

short title may be given to Board by

2650

133

(26)

2650

133

r *

2650

136

Wages Boards may be appointed by •<

2650

137

2650

138

2650

139

Wages Board may be deprived of any power by

2650

133

statutory annual holidays may be altered by

2650

211

105

steam boilers may be exempted by . .

2650

young persons may be prohibited from work-

ing dangerous machinery by

2650

GREASER,

rates may be fixed by Engine-drivers' Board . .

2650

159

GROCERS' SHOPS,

annual holiday for

2650

215

106

GUARANTEES

of good behaviour prohibited

2650

193

GUARDING MACHINERY,

factory occupiers must provide guards

2650

factory occupiers must obey Minister's direc-

tions for accident prevention . .

2650

" guard " includes " fence " in certain cases . .

2650

penal compensation for injuries or death

2650

231

114

penalty for operating without guard

2650

185

—

Act.

Section.

Page.

HAIRDRESSERS AND BARBERS' ROOMS,

closing hours (Metropolitan District)

2650

closing hours (outside Metropolitan District) . .

2650

deemed not closed if business carried on 15

minutes after hour fixed

2650

222 (k)

109

not to close on half-holiday when they close for

yearly holiday

2650

213

106

person to whom chair let deemed to be employe

2650

109

to be classed as shops

2650

yearly holiday (Geelong District) . . ^»

2650

210

105

yearly holiday (Metropolitan District) <'-i. t

2650

213

106

HALF-HOLIDAY,

all employes in shops to get half-holiday (

2650

104

2650

117

application of provision to the whole of the State

2650

117

closing for half-holiday of shops outside j"

2650

Metropolitan District .. .. \

2650

for carters ...

2650

129

for caterers' employes

2650

121

for persons delivering meat

2650

206

102

for persons delivering milk

2650

209

104

tobacconists in Metropolitan District have choice

3048

47, 161

penalty for detaining shop employes on

2650

104

Saturday half -holiday for shops /

2650

HANDICRAFT,

meaning of

2650

HAWKERS

are shopkeepers . .

2650

84 (5)

not to be counted as regards petitions «^

2650

100

>ua pi

2650

101

HEATING APPLIANCES,

provisions regarding

2650

24(3)

to be provided with flues

2650

24(3)

HOLIDAY,

Boards may fix special rates for

2650

141

(3a)

effect of Good Friday and Christmas Day upon

closing the day before

3048

effect of public holiday on shops closing (out- 1
side Metropolitan District)

2650
2650

49
50

2650

effect of public holiday on shops closing J

2650

(Metropolitan District)

2650

3048

for watchmen every week

2650

217

106

half -holiday for carters

2650

129

half-holiday for persons delivering meat

2650

206

102

186

—

Act.

Section.

Pa,

HOLIDAY— contin ued.

half -holiday for persons delivering milk

2650

209

104

half -holiday for shop employes fr *..-,» (

2650

104

2650

117

holiday in hotels . . . . . . /

2650

120

2650

121

twice per month for bakers' carters

2650

204

102

yearly for bakers and pastrycooks

2650

203

102

yearly for butchers in Metropolitan and Geelong

Districts . .

2650

207

103

yearly for butchers in Bendigo and Eaglehawk

2650

212

105

yearly for cycle traders, Metropolitan District

2650

210

105

yearly for fish and poultry shops in Metropolitan

District

2650

218

107

yearly for hairdressers in Metropolitan District

2650

213

106

yearly for fruit and vegetable shops in Metro-

politan District

2650

214

106

yearly for grocers in Metropolitan District

2650

215

106

yearly for slaughtermen in Metropolitan District

2650

207

103

yearly for woodworking trades

2650

216

106

yearly, may be fixed by Governor in Council . .

2650

210

104

yearly, may be substituted by Governor in

* Council \ \ .'•

2650

211

105

HORTICULTURE,

Act not applicable in some districts

2650

HOTEL EMPLOYES BOARD,

additional powers

2650

164

HOTELS,

weekly hours of employes

2650

118

weekly hours (employes) — extension conditions

2650

119

weekly holiday or half -holiday of employes f

2650

120

}

2650

121

HOURS FOR CLOSING SHOPS,

Metropolitan District —

butchers

2650

hairdressers

2650

tobacconists

3048

Fourth Schedule

2650

other shops

2650

" small shops " ..

2650

Geelong District

2650

102

Other places —

butchers

2650

Fourth Schedule ..

2650

hairdressers and tobacconists

2650

others . . . . * . . . f

2650

100

2650

101

shopkeepers outside Metropolitan District may i

2650

petition re hours . . . . )

2650

101

shopkeepers in Geelong District may petition re

hours

2650

102

187

—

Act.

Section.

Page.

HOURS OF WORK,

beginning and ending times may be fixed by

Boards

2650

141 (2)

beginning and ending time for delivering

laundry work not fixed

2650

127

beginning and ending time of persons delivering

aerated waters or ice . .

2650

127

carters and carriers beginning and ending times

2650

127

even if fixed in Act or regulations may be

provided for differently by Boards n-*iur

2650

141 (1)

females in factories

2650

females under eighteen as typesetters
females under sixteen not to work in factories

2650

between 6 p.m. and 6 a.m.

2650

' 28

how carters' hours are to be reckoned

2650

129

how hours in factories are to be reckoned

2650

how hours in shops are to be reckoned

2650

115

improvers carting not to be employed more

than 26 hours per week

2650

131

in factories

2650

in Fourth Schedule shops

2650

118

in shops not Fourth Schedule

2650

114

limited hi Chinese factories

2650

limited in furniture factories

2650

males under sixteen in factories as typesetters

2650

of carters may be limited

2650

129

power to make by-laws

2650

116

Wages Boards to fix maximum . . •** -*j

2650

141

ICE,

hours of delivery

2650

127

IMPROVER,

apprentice deemed improver in certain cases . .

2650

190

Boards shall fix wages and proportion

2650

182

certificate of employment

2650

194

experience, how calculated

2650

153

licence when over 21 years of age

2650

194

meaning of

2650

not to cart for more than 26 hours per

week

2650

131

technical education courses, Board may approve

of ..

2650

182 (2)

INDENTURE,

failure to carry out

2650

188

if Minister sanctions, person over 21 may be

bound

2650

189

96 ,

model form

125

hot affected by alteration of Determination . .

2650

184

not invalid if seal not attached

2650

186

to be made in form prescribed by Board (if any)

2650

187

188

—

Act.

Section.

Page.

INDUSTRIAL APPEALS,

constitution of Court

2650

174

Court may increase or decrease wages

2650

176 (6)

Court may ask for further evidence

2650

181

Court may alter its Determination at any time

2650

180

Determination of Court not to be altered by

Board without leave

2650

176 (9)

Determination of Court may be altered by\
Board after twelve months without leave /

2650

176 (9)

matters to be considered by Court

2650

175

Minister may refer Determination to Court . .

2650

176 (2)

mode of appeal . . . . Regulations

160

(

2650

176*(6)

powers of Court . .

2650

180

2650

181

trade secrets or profits not to be disclosed

2650

176 (8)

when barristers, solicitors, or agents may appear

2650

176 (5)

who may appeal to Court

2650

176

INDUSTRIAL AWARD

(see Determination of Wages Boards.)

INDUSTRIAL DISPUTE,

powers of Minister to suspend Determination..

2650

173

INFIRM WTORKER,

Boards may fix rates for

2650

148

mav obtain licence from Chief Inspector

2650

202

101

INSPECTORS OF FACTORIES AND SHOPS,

allotment to districts

2650

10(5)

anyplace to which Determination applies may (

2650

18 (c)

be entered by . . . . . . \

2650

122 (6)

any power necessary for enforcing Act may be (

2650

18 (»)

exercised by . . . . . . ^

2650

122 (/)

appointment of Chief Inspector, Assistant

Chief Inspector, and Inspectors

2650

10(1)

certificate of appointment to be produced by

2650

certificate of fitness may be annulled by

2650

47(3)

compliance with Act may be inquired into by /

2650

122

constable may accompany if obstruction

apprehended

2650

18(6)

duties of Assistant Chief Inspector

2650

10(3)

employe may be required to sign declaration (

2650

18 (h)

bv, v v •• :• t

2650

122 (e)

employes in factories may be questioned by . .

2650

18 (h)

employes in shops may be questioned by

2650

122 (a)

2650

18 (A)

2650

122 (a)

2650

122 (e)

factories may be entered at reasonable times by

2650

health inspector may accompany into factory

2650

28(3)

interpreter may accompany to assist in in-

quiries in factories

2650

189

—

Act.

Section.

Page.

INSPECTOR OF FACTORIES AND SHOPS—

continued.

interpreter may accompany to assist in in-

quiries in shops

2650

123

meaning of

2650

name to be posted up in factories . . ^<Wi

2650

22 (2)

name to be posted up in shops

2650

126 (2)

not to be delayed or obstructed . . (

2650

124

not to divulge contents of records

2650

pay sheets may be required and copied by f

2650

18 (d)

2650

122 (c)

places believed to be factories may be entered

by .. ;

2650

18 (a)

powers and duties of . . . . (

2650

; I

2650

122

production of documents, &c., may be required

2650

18 (e)

removal of

2650

10 (1)

samples for analysis of any material used in

manufacturing matches may be taken by

2845

5(2)

121

school in which factory employe is being /

2650

18(<7)

educated may be entered by \

2650

18 (h)

shops may be entered at reasonable times by . .

2650

122 (a)

to notify council re sanitary defects

2650

INSTITUTIONS, CHARITABLE,

exemption of laundries in . .

2650

INTERPRETER,

obstructing interpreter deemed to be obstruct- ,

2650

19(3)

, ing inspector

2650

123 (3)

inquiry made by interpreter shall be deemed to j

2650

19(2)

be made by Inspector . . . . ^

2650

123 (2)

inspector may take interpreter into factory . .

2650

19(1)

inspector may take interpreter into shop

2650

123

INVALID,

agreement to work at less than Determination

rates

2650

225

110

indenture not invalid if seal absent

2650

186

IRONMOULDERS BOARD,

extension of powers

2650

163

IRONWORKING TRADE,

rates fixed to supersede those of other Boards

for similar work . . . .

2650

158 (2)

special provision regarding appointment of

Board

2650

158 (1)

JUDICIAL NOTICE

to be taken of certain signatures

2650

220 (4)

107

JUSTICES

may adjudicate with police magistrate

2650

219

107

JUVENILE WORKERS,

Boards may fix rates f or . .

2650

154

190

—

Act.

Section.

Pago.

LAKES,

application of Acts, &c., to

2650

LAUNDRY,

daily carting hours not restricted

2650

127

in reformatories, charitable institutions, &c.,

exempt

2650

is a factory in some cases

2650

LAVATORY

requirements in factory Regulations

. .

134

LEAD,

minimum age for making white lead

2650

LEGAL PROCEEDINGS,

absence of occupier of factory or shop from State

no defence

2650

221

107

Determination rates recoverable within twelve

months

2650

225

110

if commenced not to be affected by amended

or repealed Determination

2650

224

110

not to be affected by alteration of regulations

2650

243

119

onus of proof on defendants in certain cases . .

2650

222

108

time limited for laying informations. .

2650

222

108

to be taken on direction of Minister

2650

220

107

to be taken against ostensible occupier /

2650

222 (c)

' 108

2650

227

.112

LICENCE

to aged, slow, or infirm workers

2650

202

101

to improver over 21

2650

194

LIMEW ASHING

of bakehouses

2650

of factories

2650

LIMITATION OF HOURS (see Hours of Work.)

LIMITATION OF TIME, for

demand of legal rate by employe

2650

225

110

laying informations

2650

222 (a)

108

orders for arrears

2650

232

115

recovery of legal rate by employe
LOCALITY

2650

225

110

to be considered by Wages Boards

2650

141

(16)

LODGING,

may be considered by the Hotel Employes Board
in fixing remuneration of employes

2650

164

occupiers of factories and shops may not charge

adult employes for

2650

198

100

permission may be granted to charge adult

employes for

2650

198

100

LOOSE HAIR OR CLOTHING

2650

191

—

Act.

Section.

Page.

MACHINERY,

accidents to be reported

2650

first-aid ambulance chest to be provided

2650

201

101,

162

guarding of . . . . *•> jip :'

2650

males under eighteen and females not to work

between certain parts of

2650

Minister may forbid use of specific machine or

appliance in factory

2650

penal compensation for injuries or death

2650

231

114

restrictions as to cleaning

2650

MAJORITY,

all povers of Boards may be exercised by

2650

149

MALES,

hours in factories of males under sixteen

2650

must not work among or near moving machinery

if wearing apron or loose garments

2650

under eighteen years prohibited from cleaning

machinery in certain cases

2650

MANAGER OF SHOP,

maximum rent chargeable

2650

108

MANUFACTURER

mav in certain cases fix piece-work rates

2650

144

MARKET,

Stall or standing in, not to be counted in

certain cases for petition purposes

3048

MASTER

(see Employer.)

MATCHES,

inspector may take samples of materials in use

2845

121

minimum age of employes dipping lucifer

matches

2650

39(4)

white or yellow phosphorus prohibited in the

manufaci urp of

2845

121

if made of white phosphorus, selling, exposing

for sale, or keeping in possession forbidden

2845

121

MATTERS BOARDS MAY CONSIDER

2650

141

MEALS,

a room to be provided for meals in certain cases

2650

interval for meals in factories

2650

interval for meals in shops •

2650

114

(See also Dining Room)

MEANING OF (see Definitions.)

MEAT,

annual holiday in abattoirs and private slaughter

houses (Metropolitan District) . . ...

2650

207

103

annual holiday for butchers (Metropolitan

and Geelong Districts)

2650

207

103

192

—

Act.

Section.

Page.

MEAT — continued

annual holiday for butchers (Bendigo and

Eaglehawk) ..

2650

212

105

delivery prohibited on Sunday

2650

208

103

delivery may be prohibited on one afternoon . .

2650

206 (2)

103

half-holiday for persons delivering

2650

206

102

MEDICAL CERTIFICATE,

fee, 2s. 6d. . . . . Regulations

. .

147

may be annulled by Inspector

2650

47(3)

required by certain persons under sixteen years

of age

2650

MEDICAL PRACTITIONER (CERTIFYING),

may grant certificate of fitness

2650

46(2)

Minister may appoint or remove

2650

11(1)

MEETINGS,

Boards not to meet during working hours

2650

155

time and place (Wages Boards) Regulations

*145

MEMBERS OF BOARDS,

penalty for dismissal from employment

2650

239

117

qualifications

2650

136

term of office

2650

136 (6)

to nominate Chairman

2650

140

vacancv may be filled without nomination

2650

139

METAL TRADE,

minimum age of employes

2650

39(4)

METROPOLITAN DISTRICT,

bread bakers and pastrycooks' annual holiday

2650

203

102

butchers' annual holiday

2650

207

103

definition of

2650

effect of closing shop on public holiday •<

2650

3048

2650

hours for closing shops . . . . /

2650

hours for closing Fourth Schedule shops may

be regulated

2650

Saturday half -holiday

2650

MILK,

half -holiday for persons delivering

2650

209

104

193

MILL GEARING,

how defined . . . . . . ...

not to be cleaned whilst moving by young

persons or women
to be guarded . . . . . . «•#

MINIMUM WAGE,

employes may recover

not applicable to employer's family . . , ,.,,;
of 2s. 6d. in all factories, &c.
Wages Boards to determine
MINISTER,
• Act as regards limitation of hours in furniture

factories may be suspended by . .
Act as regards limitation of hours of Chinese

may be suspended by . .
certifying medical practitioners may be

appointed by . .
Determination may at any time be referred to

Appeal Court by

districts may be allotted to inspectors by
factories may be exempted from meal room

provisions by . .
form of indenture prescribed by Board to be

approved by . .

legal proceedings must be directed by
licences to old, slow, or infirm workers may be

granted by
may require dining-room to be provided for *\

employes
may require bath-room to be provided for

employ 6s
m&y require a rest-room to be provided for

female employes . . . . J

nomination day in Wages Board elections may

be appointed by . . Regulations

permission for guarantee to be taken may be

granted by

permission to young typesetters to be em-
ployed after certain hours may be granted by
Police Force, member of may be appointed

Inspector by . .
preventive means re accidents may be directed

by ..
report from expert or medical man re accident

may be obtained by

representatives on Wages Boards may be nomi-
nated by
shops provisions at bazaar for charity may be

suspended by . .
signature, judicial notice of
34850.— 7

Act.

2650

2650
2650

2650
2650
2650
2650

2650
2650
2650

2650
2650

2650

2650
2650

2650

2650
2650
2650
2650
2650
2650

Section.

225
49
49

141

38(5)
38(5)
11(1)

176(2)
10(5)

187
220

202 (4)
35(4)

193

42
10(1)

67
137(1)

2650 | 107
2650 1 220 (4)

Pag«.

36
34

110
31
31
73

8V
8

94
107

101

144

34
37
70

55
107

194

"'* j. —

Act,

Section.

Page.

MINISTER— continued.

Wages Board election may be held on decision

of ..

2650

137 (5)

steps for accident prevention in factories may

be directed by . . • » .

2650

suspension to allow shop to keep open to sell

certain goods

2650

105

technical education courses may be applied to

certain trades for benefit of apprentices

or improvers ...

2650

182 (2)

MOTOR

omnibuses exempted from daily carting hours . .

2650

127

spirit -may be sold after hours in certain cases

2650

111

MUNICIPAL CLERK

2650

M rq |

2650

84(6)

2650

97 (c)

to certify as to majority of shopkeepers

2650

100

2650

101 (5)

2650

102 (5)

2650

206 (3)

103

MUNICIPAL COUNCIL

may make, alter, or repeal by-laws re shops C

2650

outside Metropolitan District

2650

100

2650

116

powers when Chief Inspector condemns factory

2650

NEWS AGENTS' SHOPS,

conditions on which weekly hours may bo ex-

tended

2650

119

daily closing provisions . . . . f

2650

weekly holiday or half -holiday . . (

2650

120

2650

121

weekly hours of employes . . . . "-', \ 1*

2650

118

NOMINATION OF BOARD MEMBERS,

if objected to, election to take place l;ui .

2650

137 (5)

not necessary, if vacancy occurs .. J^;;>

2650

139

of representatives on Wages Boards . . ' . ,; '

2650

137

of Chairman of Wages Board

2650

140

NOTICES

as to age of persons in certain trades to be posted

in factory (silvering mirrors, dipping

matches, &c.)..

2650

of factory overtime to be sent to Chief Inspector

2650

37 (Id)

of shop overtime to be sent to Chief Inspector. .

2650

114 (2)

re occupying factory to be served on Chief

Inspector within fourteen days

2650

to be posted up in factory

2650

22 (2) i 16

195

—

Act.

Section.

Pfge.

NOTICES— continued.

to be posted in shops

2650

126

to council as to new factory

2650

15(1)

NOXIOUS TRADE,

where carried on, meal room to be provided . .

2650

NUMBER,

apprentices and improvers to be fixed by Boards

2650

182

apprentices bound prior to 31.12.10 not to count

2650

183

OATH,

Chairman of Board may administer

2650

151

to be taken by officers re outworkers

2650

195

OBSTRUCTING INSPECTOR

made an offence . . . . . . |

2650

20 (2)

2650

124

OBSTRUCTION,

doors, staircases, &c., in factories to be kept

free from

2650

27(1)

OCCUPATION

definition of

2650

OCCUPIER OF FACTORY,

absence from State no defence for breach of la>\

2650

221

107

may be required to provide dining-room,

bath-room and rest-room

2650

35(4)

name to be printed or affixed outside

2650

22(3)

not to give out material to unregistered out-

worker

2650

196

not liable if he can prove offence has been

committed by some one else

2650

229

113

person- who gives out material for clothing, boots.

&c., deemed to be

2650

23 (6)

to assist inspector in inspection

2650

20(1)

to post up record of fines levied on employes

2650

22(4)

to forward lists of employes to Chief Inspector

re Wages Board elections

2650

137(3)

to forward record of fines to Chief Inspector

2650

22(4)

to be given written notice if premises in unsatis-

•

factory state

2650

25(1)

who delays Inspector deemed to obstruct

2650

20(2)

who fails to produce certificate of registration,

&c., deemed to obstruct

2650

20(2)

who conceals anv person deemed to obstruct

2650

20(2)

OCCUPIER OF SHOP, OFFICE, WARE-

HOUSE, &c.

may oe required to provide urinals and privies

2650

112

196

—

Act.

Section.

Page.

OFFENCES,

absence from Victoria no defence in proceedings

2650

221

107

constitution of court for hearing charges
exemption of occupier on conviction of actual

2650

219

107

offender

2650

229

113

liability of actual offenders

2650

228

113

limitation of time for laying information

2650

222 (a)

108

onus of proof

2650

222 (d)

108

persons who may take action

2650

220

107

persons who shall be deemed guilty

2650

230

114

proceedings directed by Minister

2650

220

107

report of offence to be made to Minister

2650

220

107

service of summons

2650

221

107

OFFENCES.— PENALTIES FOR (see Penalties).

OFFICE

mav be required to have privies or urinals
OLD WORKER,

2650

112

Boards may fix rates f or . .

2650

148

may obtain licence from Chief Inspector

2650

202

101

ONUS OF PROOF

on defendant

2650

222

108

ORCHARD

exemption re steam engines or boilers

2650

ORDER IN COUNCIL

may be revoked, altered, or varied

2650

prohibiting employment of young persons at

dangerous machines

2650

revoking suspended Determination

2650

172

OUTSIDE METROPOLITAN DISTRICT,

3048

effect of closing shop for public holiday J

2650
2650

96
98

2650

(

2650

hours for closing shops

2650
2650

97
98

2650

shops that close at 1 p.m., Saturday, may

remain open till 9 p.m., Friday
OUTWORKERS,

2650

employer to keep records fe same

2650

23(1)

female, to be questioned by female Inspectors

• only . . . .

2650

195 (2)

in clothing or wearing apparel trades to be paic

piece-work prices only

2650

143

may employ members of own family only

2650

196

must register

2650

195(1)

names and addresses to be kept secret

2650

195 (4)

OVERCROWDED,

factory must not be

2650

shop must not be

2650

113

197

—

Act

Section.

Page.

OVERTIME,

conditions regarding overtime in factories

2650

conditions and rates for premises in which an

Australian wine licence or a billiard table

licence is in force

2650

119

conditions and rates for hotel, club, and caterers'

employes

2650

119

conditions and rates for employes in Fourth

Schedule shops

2650

119

conditions and rates for employes in ordinary

shops . . . . . .

2650

114(2)

for engine-drivers and boiler attendants working

on Sunday

2650

in furniture factories

2650

38(5)

may be fixed by Boards different!}' to Act, &c.

2650

141(ld)

no boy or female to be employed without their

consent in factories

2650

37 (16)

rates to be fixed by Wages Boards

2650

141

rates for carters . . . . . . 1

2650

127 (3)

2650

132

OYSTER SHOP,

conditions on which weekly hours may be ex-

tended . . .. . . •'..'

2650

119

daily closing provisions

2650

weekly hours of employes . . • . .

2650

118

.59

weekly holiday or half-holiday . . j

2650

120

2650

121

PACK, A,

is a shop . . . .

2650

PARENT

liable to penalty in certain cases

2650

234

116

PART,

meaning of

2650

PASSAGES

in factories not to be obstructed

2650

in shops not to be obstructed

2650

113

PASTORAL PURSUITS,

Act not to apply to certain districts '

2650

PASTRY

(see Confectionery and Pastry).

PASTRYCOOKS,

place where pastry is made or baked for sale

is a factory ..

2650

yearly holiday

2650

203

102

PAY BAY,

once a fortnight

2650

199

100

PAYMENT,

employes in Board trades not to be paid in goods

2650

170

employes in Board trades to be paid in full . .

2650

225

110

of wages every fortnight

2650

199

10O

198

—

Act.

Section

Page.

PAYMENT— continued.

of arrears due to employes may be ordered by

Court .. ..

2650

232

115

of factory registration fee on or before 31st

January . . . .

2650

17(1)

of half fee if factory opened after 30th June . .

2650

17(2)

of minimum wage for employes in factories, &c.

2650

of special rates on Sundays to engine-drivers, &c.

2650

PEDLERS

are shopkeepers . . . , .

2650

84(5)

not to be counted in petitions

2650

100

2650

101

PENALTIES FOR OFFENCES,

breaches of Determinations

2650

226

112

breach of shop regulations

2650

103

breach re overtime in factories

2650

37(4)

defective guarding of machinery, where injury

\ /

caused

2650

231

114

delivering unstamped furniture

2650

detaining shop employe on half-holiday
dismissing member of Wages Board

2650
2650

104
239

54
117

divulging contents of record

2650

employe liable in certain cases

2650

228

113

employing a child or person contrary to Act . .

2650

234

116

employing excess apprentices or improvers . .

2650

226

112

employing persons at less than legal rate

2650

226

112

employing unregistered assistant in small shop

2650

failing to carry out terms of indentures

2650

188

failing to close shop at legal hour

2650

240

118

failing to forward record re wages to Chief f

2650

22(5)

Inspector . . . . . . ~{

2650

126 (4)

failing to point out stamps on furniture

2650

failing to post up abstracts of Act, &c. (

2650

22(5)

2650

126 (4)

failing to post up inspector's name i

2650

22(5)

)

2650

126(4)

failing to post up name of certifying medical

practitioner, &c.

2650

22(5)

failing to post up record of fines levied on

employes

2650

22(5)

failing to post up working hours, &c.

2650

22(5)

failing to produce record re outworkers

2650

failing to produce record re wages, &c., of f

2650

22(5)

employes . . . . . . (

2650

126

failing to print or affix name outside factory . .

2650

22. (5)

failing to report accident

2650

failing to send notice re occupying factory
failing to stamp furniture

2650
2650

14(3)

11
40

199

—

Act.

Section.

Page.

PENALTIES FOR OFFENCES— continued.

forging certificates

2650

238

117

giving out work to unregistered outworkers . .

2650

196 (2)

making false entry or declaration

2650

238 (2)

117

not giving shop employ^ meal interval

2650

114 (5)

not keeping factory in conformity with Act . .

2650

233

115

not providing privies, &c., in shops, offices, or

warehouses

2650

112 (2)

not providing proper means of ingress, &c., to

shops

2650

113 (3)

not registering factory

2650

17(3)

obstructing doors, &c., in factory

2650

27(2)

obstructing inspector

2650

236

116

obstruction of stairways, &c., in shop

2650

113

overcrowding shops

2650

113

permitting shop to be overcrowded

2650

113 (3)

parent liable in certain cases

2650

234

116

permitting work in Chinese factory outside

certain hours

2650

38(2)

permitting work in furniture factory outside

certain hours

2650

38(2)

pretending to be an inspector

2650

21(2)

recovery, mode of w . .

2650

219

107

servant of employer liable in some cases

2450

228

113

taking guarantee

2650

193

taking premiums . . . . . . ("

2650

191

2650

192

using bakehouse as a sleeping place

2650

using factory as a sleeping place

2650

using white or yellow phosphorus in matches . .

2845

' 4

121

working shop employes more than 52 hours . .

2650

114 (5)

PERISHABLE FOOD,

carters' time of beginning and ending work not

restricted

2650

127

PERMIT

for young typesetters to work after certain hours

2650

to improvers over 21

2650

194

to aged, slow, or infirm workers

2650

202

101

to board or lodge employes

2650

198

100

to cart after statutory daily hours

2650

127

to cart after weekly regulation hours

2650

132

to bind apprentice for less than three years . .

2650

189 (a)

to apprentice over 21 to complete indenture . .

2650

189 (b)

to person over 21 to be bound

2650

189 (c)

to female over fourteen to work in factory

2650

to students to gain practical knowledge without

being paid Board rates

2650

226

112

to sell goods after hours at bazaars

2650

107

200

—

Act.

Section.

Page.

PERSONS (under sixteen years of age),

certificates of fitness for certain trades

2650

deemed to be employed from time of entering

until leaving factory

2650

limitation of hours oi employment . . (

2650

PETITION,

2650

84(4)

hawkers or pedlers not to be counted in half i

2650

holiday or closing hours petitions

2650

100

2650

101

2650

84(6)

2650

municipal clerk to certify re shopkeepers in1
half-holiday or closing hours petitions

2650
2650

100
101

52
52

2650

102 (5)

2650

206

103

2650

84(4)

2650

re half -holiday or closing hours to be signed*

2650

100

by majority . .

2650

101 (4)

2650

102 (4)

2650

206

103

stall or standing in a market not to be counted

as a shop in certain cases

3048

Chief Inspector to certify re employers and f

2650

210

104

employes in annual holiday petitions \

2650

211

105

PETROL,

sale not forbidden after hours in some cases . .

2650

111

56.

PHOSPHORUS,

white or yellow, prohibited in the manufacture

of matches

2845

4(1)

121

PIECE-WORK,

Boards may allow employers to fix prices for . .

2650

144

conditions imposed if employer fixes piece-work

2650

144 (2)

if work be varied it must not affect price

2650

146

not lawful in certain cases

2650

145

to be based on wages rates

2650

142

76.

to be fixed in clothing or wearing apparel or

boots or shoes trades for outside work

2650

143

POLICE FORCE, MEMBERS OF,

may be appointed to act as inspectors of fac-

tories

2650

may take proceedings when directed by the

Minister

2650

220

107

may accompany inspectors into factories

2650

201

—

Act.

Section.

Page.

POLICE MAGISTRATE,

offences must be tried before

2650

219

107

contravention of cavilling rules must be tried

before

2650

157

PORTER,

exemption from limitation of working hours as

to shops

2650

114

POTTERY,

clay-pits and quarries are factories

2650

POULTRY SHOPS,

annual holiday m Metropolitan District

2650

218

107

POWERS,

2650

141

2650

142

2650

143

2650

144

Boards may exercise

2650

147

2650

148

2650

149

2650

150

2650

152

2650

154

of Wages Board may be exercised by majority

2650

149

of Wages Boards may be extended . .

2650

135

-; .'- (

2650

133

. 67

v;; '

2650

136

to appoint Wages Boards . . . . /

2650
2650

137
138

2650

139

(

2650

158(1)

to suspend Determination . . . . f

2650

172

2650

173

PREMIUM OR BONUS

not legal in certain trades . .

2650

191

not to be taken by shopkeepers other than regis-

tered pharmaceutical chemists

2650

192

PRESIDENT

of Court of Industrial Appeals

2650

174

PRESCRIBED (see Definition).

PREVENTION OF ACCIDENTS,

Minister may make orders for

2650

PREVENTION OF FIRES,

appliances to be provided in factories

2650

appliances to be provided in shops

2650

113

PRIVIES,

requirements in factories . . Regulations

. .

134

for employes in shops, offices, or warehouses . .

2650

112

regulations as to cleansing

. ,

. .

162

to be provided with satisfactory approaches . .

2650

25(1)

202

—

Act.

Section.

Page.

PROCESS, TRADE, BUSINESS, OR OCCUPA-

TION,

definition of . . . . . . -f

2650

(

2650

134

if under Wages Board record of employes to

be kept

2650

126

Wages Board may be appointed for any

2650

133

Governor in Council may fix annual holiday in

2650

210

104

Governor in Council may alter statutory annual

holiday

2650

211

105

PROFITS

of witnesses in appeal cases not to be published
PROHIBITION OF EMPLOYMENT

2650

176 (8)

of females in factories at night

2650

of males under 18, and females in certain fac-

tories . . . . . , v

2650

of women and young persons cleaning machinery

2650

of women and young persons between certain

parts of machinery

2650

of young persons at. dangerous machinery

2650

of young typesetters in certain cases

2650

outside certain hours in furniture factories

2650

outside certain hours in factories where Chinese

working

2650

PROPORTION,

apprentices and improvers

2650

182

apprentices bound prior to 31.12.10 not to be

counted

2650

183

of slow workers in factory

2650

202

101

PROSECUTION (see Legal Proceedings).

PROVISIONS, OPERATION OF,

relating to restriction of hours of carting

2650

relating to factories

2650

relating to shops

2650

PUBLICATION

of Appeal Court's Determination in Gazette . .

2650

177

of Board's Determination in Gazette

2650

165 (2)

• of nominations for Wages Boards

2650

137

of record of work done outside a factory

2650

23(4)

PUBLIC HOLIDAY,

effect on half-holiday (Metropolitan District) . .

2650

45.

2650

effect on shop closing (Metropolitan District) )

2650
2650

46
46

3048

effect on shop closing outside Metropolitan f

2650 ! 96

District . . . . . . . . 4

2650

effect on shop closing before Good Friday or

Christmas Day . . . . . . j 3048

203

PUBLIC VACCINATOR,

when to act as certifying medical practitioner. .
QUARKS

is a factory in some cases

RATES (see Wages or Piece-work).
RECORDS

of certain factory overtime to be kept
of work given out of factories to be kept, &c.
of persons employed in factories to be kept, &c.
of persons employed in shops to be kept, &c. . .
of certain persons under Determinations to be

kept, &c.

to be kept secret by officers
when liable to inspection by Department of
i ;. Defence
REGISTER

re factories to be kept by Chief Inspector
REGISTRAR OF COURT OF INDUSTRIAL
APPEALS,

appointment of

REGISTRATION OF FACTORIES,
factory to be registered . .
fee to be paid before 31st January
half fee for factory opened after 30th June . .
if requirements be fulfilled. Chief Inspector to

issue certificate of registration
notice to be sent to Chief Inspector if building

after disuse becomes factory
notice to be sent to local council if building

becomes factory
not to be registered unless council or Chief

Inspector approves
onus of proof is on the defendant
particulars required on notice re registration
particulars to be entered in register
penalty for occupying unregistered factory . .
power to cancel where factory unsafe, &c.
premises must be approved before registration
to be cancelled jifter third conviction in certain

cases

place where person (other than family) em-
ployed

REGISTRATION OF PLACES OTHER THAN
FACTORIES

where Wages Board applies (no fee)
REGISTRATION OF SHOPS,

fees ..

onus of proof is on defendant
shopkeeper register with Chief Inspector
small shops

Act,

Section.

Page.

2650

11(2

2650

2650
2650
2650
2650

37 (Id)
23
22
126

25
16
15
63

2650
2650

197
12

99
9

2650-

2650

174 (8)

2650
2650
2650

14
17

17 (2)

10
12
12

2650

14(4)

2650

14(1)

2650

15(1)

2650
2650
2650
2650
2650
2650
2650

15(2)
222 (e)
14(2)
16
17(3)
25
15(2)

11
108
11
12
12
19
11

2650

226(2)

112

2650

197

2650

197

2650
2650
2650

2650

125 (7)
222 (e)
125
90

63, 137
108
62

204

—

Act.

Section.

Page.

REGULATIONS,

abstracts to be posted up in factories

2650

22(2)

abstracts to be posted up in shops

2650

26(2)

as to appeals to Court of Industrial Appeals . .

2650

176

as to carters and carriers

2650

129

as to construction of factories

2650

Boards may fix hours different to regulations

2650

141

(Id)

fee for medical certificate and reports

2650

242

118

for cavilling may be made by Coal Miners

Board

2650

157

general powers to make

2650

242

119

legal proceedings not affected by alteration of

2650

243

119

may be made as regards dangerous trades

2650

may be made re closing of Fourth Schedule shops,
(Metropolitan District)

2650

may be made re closing shops, &c. (Geelong

* District)

2650

102

2650

may bo made re closing hours of shops outside -

2650

100

* Geelong and Metropolitan Districts

2650

101

may be made prohibiting delivery of meat

2650

206

103

meaning of . .

2650

re appliances for fire prevention in factories

2650

242

119

re appliances for tire prevention in shops . .

2650

113

re payment of members of Wages Boards . . i 2650

242

119

regarding shops' exits and stairways

2650

113

regarding the closing of shops to remain in (

2650

84(7)

force six months

2650

101 (6)

2650

102 (7)

regarding ventilation in warehouses and shops

2650

113

validity to be decided only by Supreme Court . .

2650

244

120

RELIGIOUS INSTITUTIONS,

exemption of laundrijes in . .

2650

RENT,

maximum chargeable to shop manager

2650

108

REPAIRS,

prices or rates may be fixed by Boards

2650

152

REPEAL,

municipal council may repeal by-laws re shops

closing

2650

re limiting hours of employment in shops

2650

116

• of Determination not to affect legal proceedings

commenced

2650

224

110

'REPORT, ANNUAL,

to be made by Chief Inspector

2650

to be framed so that factory occupier cannot

be identified

2650

13(3)

so:.

."Srt'i ! .no:-).'

Act.

Section.

Page.

REST-ROOM,

Minister may require it to be provided

2650

35(4)

RESTRICTION

( see Young Persons)

2650

REVOKE,

Board may revoke or alter Determination

2650

171 (2)

Court of Industrial Appeals may amend or re-

voke Determination

2650

165

Governor in Council may revoke orders made

2650

suspension for bazaars, &c., may be revoked

2650

107 (2)

ROLL

in case of election for Wages Board

265Q

137 (3)

RULES OF PRACTICE,

'•

Court of Industrial Appeals

2650

174

SALE

of goods after hours at bazaar

2650

107

of new goods by auction after shops' closing hour

2650

110

of matches made of white phosphorus forbidden

2845

121

of motor spirit after shop hours

2650

111

SALE OF GIFTS (see Bazaar).

SALT, MAKING OR FINISHING,

minimum age of female employes

2650

39(3)

28 '

SANITARY,

if conveniences defective, inspector to notify

council

2650

requirements in factories

2650

requirements in shops, offices, &c.

2650

112

SATURDAY HALF-HOLIDAY,

application throughout Victoria

2650

SAW MILLING,

annual holiday

2650

216

106

SCHEDULE

for shops

2650

125

list for Electors' Roll

2650

137 (3)

meaning of

2650

overtime conditions in factories

2650

37 (Id)

registration fees for factories

2650

repeal of former Acts

2650

SCHOOL,

inspector has power to enter . . f

2650

i*«

2650

SEA,

application of Acts, &c., to

2650

SECRECY

of particulars re outworkers

2650

195

of records

2650

206

—

Act.

Section.

Page.

SECRETARY FOR LABOUR,

all information re outworkers to be kept secret

2650

195 (4)

licence to improver over 21 may be granted by

2650

194

permission for apprentices to be bound for less

than three years may be granted by

2650

189 (a)

permission to apprentice over 21 to complete

indenture may be granted by . .

2650

189 (6)

permission to bind person over 21 may be

granted by

2650

189 (c)

(see also Chief Inspector.)

SERVANT

(fee Employes).

SERVICE CERTIFICATES

to engine-drivers, when legal

SHIFTS,

2650

Boards may legislate for

2650

141

SHIRES,

application of Determinations to

2650
2650

133(2c)
178

68
91

bread delivery holidays may be extended to . .

2650

204

102

provisions re carters' hours may be extended to

2650

shops provisions extend to . .

2650

SHOP,

abstracts of Acts, &c., to be posted up

2650

126 (2)

63^

ambulance chest required in certain cases

2650

201

101,

162

application of Acts to

2650

all time worked by shop employe deemed to be

worked in shop

2650

115

appliances for prevention of fire

2650

113

bath-room may be required

2650

35(4)

certain employes who work eight hours in

factory not to be employed in shop

2650

114 (4) ; 58

choice of half-holiday for tobacconists' shops

(Metropolitan District)..

3048

5 47, 161

closing hours outside Metropolitan District —

butchers

2650

98 50

hairdressers

2650

tobacconists . . . .

2650

Fourth Schedule

2650

other shops

2650

closing hours (Metropolitan District) —

butchers

2650

Fourth Schedule

2650

hairdressers

2650

" small shops "

2650

tobacconists

3048

other shops

2650

re closing hours in Geelong District

2650

102

detaining employe on half-holiday . . . . , 2650

104

207

—

Act.

Section.

Page.

SHOP— continued.

Determination of Board to bo posted up

2650

169

dining-room may be required

2650

35(4)

2650

effect of closing for a public holiday (Metro- J
politan District) . . . . j

2650
2650
2650

85
86

46
46

3048

effect of closing for public holiday (outside (
Metropolitan District) . . . . j

2650
2650
2650

96
98
99

49
50
51

employers to send in certain records

2650

126

employment in shop as well as at any other work

2650

168

exits

2650

113

Fourth Schedule, hours may be regulated in

Metropolitan District

2650

Governor in Council may make regulations

regarding hours for closing (outside Metro-

politan District)

2650

101

Governor in Council may make regulations

regarding hours for closing (Geelong District)
hours of employes generally

2650
2650

102
114

hours of Fourth Schedule employes

2650

118

interval for meals for employes

2650

114(3)

in which several classes of goods are sold, hours

for closing

2650

105

54*

may be kept open one hour later preceding

Good Friday or Christmas Day

3048

may be kept open till 9 p.m. on Friday in

certain cases (Metropolitan District)

2650

may be required to have privies and urinals . .

2650

112

meaning of " shop "

2650

Metropolitan District defined

2650

motor spirit may be sold after hours in certain

cases . .

2650

111

name of occupier to be posted up

2650

126 (3)

name of inspector for district to be posted up

2650

126 (2)

new goods not to be sold by auctioneer after

shops' closing hours

2650

110

onus of proof as to registration is on defendant . .

2650

222 (e)

108

overtime and tea money, ordinary shops

2650

114

overtime and tea money, Fourth Schedule shops

2650

119

proper ingress and egress to be provided

2650

113

provisions apply to all Victoria

2650

provisions may be suspended as regards bazaars,

&c.. for charity

2650

107

registration fees for shops

2650

125 (5)

62, 137

registration fees not payable for certain dairies

3048

registration of

2650

125

rest-room may bo required for female employes

2650

35 (4)

Saturday halt-holiday (Metropolitan District) . .

2650

shop not to be overcrowded

2650

113

208

—

Act.

Section.

Page.

SHOP— continued.

sitting accommodation in . .

2650

106

.55

small shop provisions (Metropolitan District) /

2650

stairways

2650

113

t^tall or standing in a market not to be counted

in certain cases for petition purposes

3048

ventilation to be provided in

2650

113

when to be considered not closed . . . i

2650

222

109

SHOPKEEPERS

/jf\ n\

liaving several shops to close same day for half •

holiday

3048

in certain cases to have choice of half-holiday

3048

47, 161

may petition re closing hours of Fourth Schedule
shops (Metropolitan District)

2650

may petition re closing hours (Geelong District)

2650

102

may petition re closing hours outside Metro- J
politan and Geelong Districts . . |

2650
2650
2650

100
101

49
51
52

meaning of

2650

municipal clerk to certify as to majority (out- r

2650

100

side Metropolitan District)

2650

101

2650

102

must register shop annually

2650

125

not to take premiums

2650

192

not to employ improver carting for more than

26 hours per week

2650

131

not to charge managers more than 10s. rent . .

2650

108

2650

42 •

2650

4f>

not to include hawkers and pedlers in petitions '

2650

100

{

2650

101

not to include certain stalls or standings hi

markets in petitions

3048

not liable it he can prove offence has been com

mitted by some one else

2650

229

113

registration of shops by

2650

125

registration of assistants in small shops

2650

servant liable in some cases

2650

228

113

to keep record of employes. .

2650

126

to provide sitting accommodation

2650

106

SHORT TITLE,

Wages Boards

2650

133

(26)

SIGNATURES,

judicial notice of certain

2650

220 (4)

107

SITTING ACCOMMODATION

in shops to be provided . ^

2650

106

—

Act.

Section.

Page.

SLAUGHTERMEN,

annual holiday (Metropolitan and Geelong Dis-

tricts) .. .. ; ..„,'..;

2650

207

103

SLEEPING ACCOMMODATION

not to be in factory

2650

provisions regarding bakehouses

2650

SLOW WORKER,

Boards may fix rates for . .

2650

148

may obtain licence from Chief Inspector

2650

202

101

proportion of slow workers employable

2650

202 (2)

101

SMALL GOODS,

annual holiday (Metropolitan and Ge«long Dis-

tricts)

2650

207

103

SMALL SHOPS,

cases to be registered

2650

91(1)

closing hours (Metropolitan District)

2650

exempt from registration fee

2650

125 (4)

" keeper " does not include manager

2650

91(3)

meaning of

2650

only relatives of shopkeeper to be employed . .

2650

91(2)

penalty for employing unregistered assistant . .
provisions applicable to Metropolitan District

2650
2650

92
94

48
48

to be registered annually

2650

registration fee not payable

2650

125 (4)

SON

of employer not affected by Determination . .
SPECIAL BOARDS (see Wages Boards)

2650

166

STABLE

employes' rates may be fixed by Carters Board

2650

160

time book, &c., for stablemen

2650

130

66, 154

STAIRCASES

in factories ; . . . Regulations

132

in factories not to be obstructed

2650

in shops . . . . . . Regulations

138

in shops not to be obstructed . . v«

2650

STALL

a shop

2650

not to be counted as a shop in certain cases . .

3048

STAMPING OF FURNITURE

made by European labour

2650

70(3)

made by Chinese labour . . . . f

2650

70(4)

2650

to be done in factory Avhere article made

2650

69(2)

that is imported

2650

position and size on certain articles

2650

STANDING

rot to be counted as a shop for petition pur-

poses in certain cases

3048

14850.— 8

210

—

Act,

Section.

Page.

STEAM BOILER,

attendant's certificate

2650

on farms, vineyards, &c., exempt

2650

power to exempt

2650

STEAM ENGINE,

certificate to be held by person in charge

2650

drivers, &c., to be paid time and a half on

Sundays

2650

STEEL MOULDERS,

power of Ironmoulders Board to fix wages for

2650

163

STRIKE,

Determination may be suspended

2650

173

STUDENTS

may obtain permit to acquire practical know-
ledge without being paid Board rates
SUMMONING OFFICERS,

2650

226

112

powers re factories

2650

SUMMONS,

service in certain cases

2650

221

107

SUNDAYS,

Boards may fix special rates for

2650

141 (3)

delivery of meat prohibited

2650

208

104

engine-drivers, &c., to be paid time and a half

2650

SUSPENSION

of Act to allow a shop to be kept open for the

sale of certain goods

2650

10*5

of Act in cases of bazaars, &c.

2650

107

of Act to allow Chinese to work after hours . .

2650

38(5)

of Act to allow work in furniture factories

after hours

2650

38(5)

of Determination . . . . f

2650

172

2650

173

TEA MONEY,

carters . . . .

2650

132

caterers' employes

2650

119

employes in shops

2650

114

employes in Fourth Schedule shops

2650

119

females and boys in factories

2650

TECHNICAL EDUCATION,

Board may approve of a course for apprentices

or improvers .

2650

182 (2)

TECHNICAL SCHOOLS,

students may obtain permit to acquire practical

knowledge without being paid Board rates

2650

226

112

TENT

a shop

2650

TILE, MAKING OR FINISHING,

minimum age of female employes

2650

39(3)

211

—

Act.

Section.

Page.

TIME

limited for laying informations

2650

222

108

limited for suing for Board rates

2650

225

110

limited re orders for arrears

2650

232

115

TIME BOOK

for- carters, &c., subject to a Determination . .

2650

130

66,154

TOBACCONIST'S SHOP,

daily closing provisions (Metropolitan District)
., ,, „ (outside Metropolitan

3048

District)

2650

TRADE,

definition of

2650

134

TRADE SECRETS

not to be disclosed in Appeal Court

2650

176 (8)

TRADES (DANGEROUS),

regulations may be made

2650

TRAVELLERS

may buy motor spirit after hours in certain cases

2650

111

TRIMMER,

rates to be fixed by Engine-drivers Board

2650

159

TYPESETTERS,

Minister may permit young persons to work

after certain hours

2650

restriction of employment of young persons as

2650

UNIVERSITY STUDENTS

may obtain permit to acquire practical know-

ledge without Board rates being paid

2650

226

112

UPHOLSTRESSES,

rates may be fixed by Furniture Board

2650

156

URINALS,

cleansing . . . . Regulations

162

may be required for employes in shops, offices, &c.
number required in factories . Regulations

2650

112

56
134

to have satisfactory approaches

2650

25'(i)

VACANCY ON BOARD,

if no objection, members may continue to act

2650

150

may be filled without previous nomination

2650

139

VACCINATOR, PUBLIC,

when to act as certifying medical practitioner

2650

11(2)

VALIDITY, MODE OF TESTING,

of Determinations

2650

171

of regulations or by-laws

2650

244

120

VEGETABLE AND FRUIT SHOPS,

annual holiday for

2650

214

106

daily closing provisions

2650

VEHICLE

a shop

2650

212

* '! —

Act.

Section.

Page.

VENTILATION

by fan in certain factories

2650

in factories to render gases, &c., harmless

2650

24 (2c)

of heating appliances

2650

24 (3)

regulations as to ventilation of factories

131

to be provided hi shops and warehouses

2650

VITICULTURE,

Acts not to apply to certain districts

2650

exemption re steam engines or boilers

2650

WAGES,

agreement for less than legal rates invalid

2650

225

110

effect of Board fixing wages rate only

2650

145

employes may recover within twelve months

2650

225

110

employes in Board trades not to be paid in goods
fixed by a Board to be paid in all factories . .

2650
2650

170

may be increased or decreased by Court of

Appeals

2650

176 (6)

minimum wage for employes in factories, Ac.

2650

of apprentices and improvers

2650

182

pro ratd amounts in certain cases

2650

141

rates for engine- drivers and boiler attendants

working on Sundays

2650

rates for more than one class of work (

2650

167

2650

168

stated in indenture to hold good during currency
to be paid at least once a fortnight

2650
2650

184
199

100

WAGES BOARDS,

application of Determination

2650

165

(

2650

136

appointment of members
I

2650
2650

137
138

70
72

2650

139

apprentice, meaning of

2650

apprentices, proportion to be fixed

2650

182

apprentices, wages to be fixed

2650

182

apprentices not affected by Determination (

2650

183

in certain cases . . . . \

2650

185

apprentices, proportion not to be less than 1 to

3 or fraction . . . .

2650

182 (3)

apprentices* mderitures to be on form (if any)

prescribed by Board

2650

187

Bread Board may fix varying rates for day

or night work

3048

business, mode of conducting Regulations

145

Chairman, how appointed

2650

140

Chairman may administer an oath

2650

151

children of employer not affected by Deter-

mination

2650

166

Clothing Board to fix piece-work only for outside

work

2650

143

213

—

Act.

Section.

Page.

WAGES BOARDS— -continued.

Determination to be communicated to the

Minister . . . . Regulations

146

Determination to be posted in factories, shops,

&c.

2650

169

Determination to come into force not earlier

than 30 days after making

2650

165

Determination, validity how disputed

2650

171

Determination of Appeal Court not to be altered

by Board in twelve months without leave

2650

176(9)

duration of Determination

2650

165

duty of Board if Determination suspended

2650

172

effect of vacancy

2650

150

effect of amendment or repeal of Determination

on legal proceedings

2650

224

110

electing members, mode of Regulations

...

142

election of members in certain cases

2650

137 (5)

employes not to be paid in goods

2650

170

•83

employers on Clothing Board

2650

162

evidence on oath

2650

151

existing Boards confirmed

2650

133(1)

experience of young workers may be considered

2650

154

for any trade

2650

133

for carters may fix rates for stable employes

2650

160

for any part of iron working trade

2650

158

Furniture Board not to be elected

2650

161

gazettal of Determination

2650

165

greasers, &c., rates may be fixed by Engine-

drivers Board

2650

159

Hotel Employes Board may consider board or

lodging in fixing remuneration of employes

2650

164

how constituted

2650

136 (1)

if area Determination applicable to extended.

new Board may be appointed

2650

133 (4)

if substantial objection to nomination, election

may be held

2650

137 (5)

improvers, wages may be fixed

2650

182

improver?, proportion to be employed to be

fixed

2650

182

Ironmoulders Board, extension of powers

2650

163

juveniles other than aporentices and improvers

2650

154

legal proof of due making of Determination . .

2650

223

110

may approve of courses of technical education

to apprentices or improvers

2650

182(2)

may be appointed for groups of trades, &c. . .

2650

133(2a)

may be deprived of any of their powers

2650

133(2$

may be appointed for districts

2650

133 (4)

may fix time of beginning and ending work

2650

141(2)

may fix special rates for Sundays or holidays

2650

141 (3)

matters to be considered in fixing rates

2650

141

214

—

Act.

Section.

Page.

WAGES BOARDS— continued.

maximum hours to be fixed for wage

2650

141

majority may exercise all powers

2650

149

meetings of, after publication of Determination

Regulations

146

members, number of . . . . ...

2650

133 '(6)

members to be nominated by Minister

2650

137

objections to nominated members

2650

137

old, slow, or infirm workers

2650

148

overtime, special rate to be fixed for

2650

141 (2)

payment of members of

2650

242

119

payment when employe is engaged in various /

2650

167

classes of work . . . . . . \

2650

168

penalties for breach of Determination

2650

226

112

penalty for dismissing employes' representative

2650

239

117

piece-work rate must be fixed in clothing trade

for work done outside a factory

2650

143

' piece-work rates, may not be varied

2650

146

piece-work rates to be based on wages rates . .

2650

142

piece-work rates to be fixed for furniture if

possible

2650

147

piece-work may be fixed by employer if sanc-

tioned by Board

2650

144

power to alter or revoke Determinations

2650

165

power to appoint Boards for persons whereso-

ever employed

2650

133 (2)

power to prescribe form of indenture for (

2650

141(lc)

apprentices . . . . . . \

2650

187

powers of Board may be exercised by a majority

2650

149

powers may be extended in certain cases

2650

135

powers may be adjusted by Governor in Council

2650

133

(2d)

proceedings, entries to be kept Regulations

145

provision for election of members

2650

137

qualification of members

2650

136

rates may be fixed for repairs

2650

152

rates fixed by Engineering and Engine- driving

Boards to supersede rates of other Boards

2650

158 (2)

remuneration of chairman and members

2650

242

/119

resolution for appointment to be passed by

1 146

Parliament

2650

133 (2)

"67

scope may be extended

2650

135

secretary, appointment of . . Regulations

145

short title

2650

133

(26)

suspension of a Determination by Governor (

2650

172

in Council . . . . . . (

2650

173

term of office of members

2650

136

(6a)

time of meeting not to be-in working hours . . 2650

155 78

215

—

Act.

Section.

Page.

WAGES BOARDS— continued.

to determine lowest prices or rates

2650

141

vacancy does not prevent continuing members

from acting, if no objection

2650

150

vacancies, how filled

2650

139

wages fixed by a Board must be paid in all

factories

2650

wages may be fixed for juveniles other than

apprentices and improvers

2650

154

wages, how calculated when other work done /

2650

167

2650

168

wages, effect of fixing only a wages rate

2650

145

wages rates or piece-work prices or both maybe

fixed

2650

141

wages rates must be paid in money in

full ..

2650

225

110

when country members required

2650

136

WAITERS,

conditions on which weekly hours may be ex-

tended

2650

119

weekly holiday or half -holiday . . f

2650

120

2650

121

weekly hours

2650

118

WAITRESSES,

conditions on which weekly hours may be ex-

tended . . . .

2650

119

weekly holiday or half -holiday . . f

2650

120

2650

121

weekly hours

2650

118

WAREHOUSES

may be required to have privies or urinals

2650

112

to be ventilated

2650

113

WATCHMEN,

exemption from shop working hours' limitation

2650

114

to have one holiday each week

2650

217

106

WEEK

defined

2650

WEIGHTS,

restriction on girls lifting . . . . •

2650

200

100

WET SPINNING,

protection of workers in

2650

WHITE LEAD MAKING,

minimum age of employes
WHITE PHOSPHORUS,

2650

39(1)

meaning of

2845

121

WINE (AUSTRALIAN) LICENSED PREMISES,

conditions on which weekly hours may be ex-

tended

2650

119

weekly holiday or half -holiday . . <

2650

120

)

2650

121

weekly hours of employes

2650

118

216

—

Act.

Section.

.-..!•.-

Page.

WOMEN (see Females).

WOODWORKING TRADES,

annual holiday

2650

216

KM)

WORK

denned for certain purposes

2650

38(6)

WORKERS

(see Employes).

WORKING HOURS,

Boards not to meet during

2650

155

Board may fix

2650

141

girls under sixteen not to work in factories

between 6 p.m. and 6 a.m. '

2650

how calculated in certain cases in factories . .

2650

how calculated in certain cases in shops

2650

115

limitation in factories where Chinese employed

2650

limitation in factories where furniture made . .

2650

of employes in Fourth Schedule shops

2650

118

of employes in non Fourth Schedule shops

2650

114

of employes in shops, mode of extension

2650

114

of females and boys in factories

2650

of carters (daily)

2650

127

of carters (weekly) . . . . . . I 2650

129

WORKMEN,

liability of, for offence

2650

228

113

YOUNG PERSONS,

Boards may fix rates for

2650

154

children not to work in factories

2650

hi wet spinning rooms to be protected

2650

maybe prohibited from working certain machines
not to clean moving mill gearing

2650
2650

65
63

36
36

not to work between certain parts of machinery

2650

prohibited from employment hi certain factories

2650

restriction in employment as typesetters

2650

restriction of hours in factories . . /

2650

restriction on girls lifting weights

2650

200

100

By Authority : ALBEET J. MULLETT, Government Printer,
Melbourne.

fa 2M4te~-
YB 24417

6&4940

UNIVERSITY OF CALIFORNIA LIBRARY

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Full text of "The law relating to factories and shops in Victoria (complete to 3rd February, 1920.)"

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