98
110
GEORGII V, No. 1453.
IndustrialOode.-1920.
DIVISION I.-OPERATION AND INTERPRETATION.
277. (1) This Part of this Act applies to the metropolitan area.
99
PART V.
DIVISION I.
Application of this Part of Act.
Act 945 of 1901, s.4.
(2) The application of this Part of this Act may (subject to sec~ion Exte.nsi~n of .
278) be extended by proclamation to any portion of the State specIfied applicatIon of th18
' . Part of Act.
m the proclamatIOn.
(3) No such proclamation shall be issued until after the passing Resolution o~ both
by both Houses of Parliament of a resolution affirming the desira- Houses requIred.
bility of such extension.
(4) The Governor may, upon a resolution passed by both Houses Revoc~tion of
of Parliament affirming the desirability thereof revoke alter or
, ' . ,
exteLsIon of Act.vary any proclamation made under subsection (2) of this section.
278. The application of this Part of this Act shall not, as regards agricultural, horticultural, viticultural, or pastoral pursuits, be extended to any employer or employe' engaged therein, or to any factory connected therewith.
Interpretation.
279. In this Part of this Act unless inconsistent with the context or some other meaning is clearly intended-
" Act" includes regulations continued in force by virtue of section 3, and which relate to matters dealt with in this Part of this Act, and also includes regulations made under this Part of this Act:
" Chief Inspector" means the Chief Inspector appointed under Part VI. of this Act:
" Child " means a person under the age of thirteen years:
" Factory" means-
(1) Any premises or place within which or the precincts thereof the occupier employs anyone person at manual labor which is exercised by way of trade or for pur- poses of gain in or incidental to-
I. any handicraft ;
II. the making of any article or part of any article;
or
III. the altering, repairing, ornamenting, or finishing of any article; or
IV. the adapting for sale of any article;
and to or over which premises or place or the pre- cincts thereof the employer of any person so working therein has the right of access or control.
(2) Any
Exemptions from application of Act.
Cf. Act 945 of 1907, 8. 5.
Interpretation.
100
PART V.
DIVISION I.
11°
GEORGII V, No. 1453.
IndustrialOode.-1920.
(2) Any clay-pit or quarry within which, or the precincts whereof, the employer employs any person at manual labor which is exercised by way of trade or for purposes of gain, such clay-pit or quarry being worked or used in connection with any pottery or brickyard occupied
by such occupier; and .
(3) Any premises or place, other than the premises of the Municipal Tramways Trust, where electricity is generated for the supply of heat, light, or power, or any or all of them, or where coal gas is made, and within which premises or place, or the precincts whereof, the employer employs any person at manual labor which is exercised by way of trade, or for purposes of gain;
(4) For the purpose of registration and the computation of registration fees, any number of adjacent buildings or places.
" Factory" does not include any medical dispensary or dentist's or chemist's laboratory.
" Gazette" means The South Australian Government Gazette:
" Handicraft" includes any work whatsoever done in any laundry or dye works, and whether or not done in preparing or manufacturing articles for trade or sale:
" Inspector" means an inspector appointed under Part VI. of this Act, and includes the Chief Inspector :
" Justice" means Justice of the Peace for the said State:
" Machinery" includes any driving strap, band, wire, rope, or cable of any kind:
" Metropolitan area" comprises the whole of the area contained in the present Electoral Districts of Adelaide, North Ade- laide, West Torrens, East Torrens, Sturt, and Port Adelaide, and so much of the Hundreds of Port Adelaide and Yatala as is necessary to include the Metropolitan Abattoirs:
" Mill-gearing" includes every shaft, and every wheel, drum, or pulley, or appliance by which the motion of the first moving power is communicated to any machine in a factory :
" Minister " means the Minister of Industry or the Minister of the Crown for the time being discharging the duties of the office of Minister of Industry :
" Occupier" means the person, company, corporate body, or association employing persons in a factory, and includes any agent, manager, foreman, or other person acting or apparently acting in the general management or control of any such factory:
" Parent" means parent, guardian, or person having the custody or of control over any young person or child :
"Proclamation I t
11° GEORGI1 V, No. 1453. 101
PART V.
IndustrialOode.-1920. DIVISION I.
" Proclamation" means a Proclamation by the Governor published in the Gazette:
" PresGribed" means prescribed by regulations continued in force by this Act, or made under this Part of this Act :
" Rules of Court" means Rules of Court continued in force by this Act or made under Part II. of this Act:
" Shop" means and includes-
(a) the whole or any portion of a building, stall, tent, vehicle, platform, ship, boat, or pack, or any place whatsoever in which goods are offered or exposed for sale; and
(b) a building or place in which the business of a hair- dresser, of a pawnbroker, or of an undertaker is carried on ;
but, as regards a vendor of newspapers, does not include a public street or way, or any part thereof, where he sells newspapers: Provided that such newspapers are not sold in or from, or exposed for sale in or on any building, stall, tent, vehicle, or platform:
" Woman" means any person of the female sex over the age of sixteen years:
" Young person" means a boy or girl between the age of thirteen and sixteen years.
280. Where a penalty or term of imprisonment is mentioned in or Penalty.
at the foot of any section or subsection any contravention of the Of. Act 945 of 1907,
section or subsection, whether by act or omission, shall be an offence seo. 7.
against this Part of this Act punishable upon conviction by a penalty or term of imprisonment, with or without hard labor, not exceeding that mentioned.
DIVISION II.--APPOINTMENT OF OFFICERS. DIVISION II.
281. (1) The Minister may- Certifying
medical prac-
(a) appoint any persons, being legally qualified medical titioners.
practitioners, to be certifying medical practitioners for Ibid., s. 11.
the purposes of this Part of this Act; and
(b) allot or assign one or more districts under this Act to one or more certifying medical practitioners.
(2) In any part of the State to which no certifying medical practitioner has been allotted or assigned under this Act or under section 11 of the Factories Act, 1907, every public vaccinator shall, without further or other authority than this section, be and act as certifying medical practitioner within the distl1.ct for which he is public vaccinator.
DIVISION
102
PART V.
DIVISION III.
Factory not to be used until registered.
Factories Act, 1907, s. 12.
Ap:plication for registration.
Factories Act, 1907, s. 13.
Renewal of registration.
Method of registration.
Contents of application.
11°
GEORGII V, No.
1453.IndustrialOode.-1920.
DIVISION IlL-REGISTRATION OF FACTORIES.
282. No person shall occupy or use a factory unless and until the
same is duly registered. .
Penalty, Five Pounds for every day during which such unregistered factory is occupied or used.
283. (1) Every person-
(a) who, on the passing of this Act, is in occupation of a factory which is not then registered under the Factories Act, 1907; or
(b) who, after the passing of this Act, goes into occupation of a factory; or
(c) who is in occupation of a building or place which becomes for the first time, or, after a period of disuse, again becomes, a factory ;
shall register such factory.
(2) The registration of a factory shall be renewed every five years.
(3) Application for registration or for renewal of registration shall be in writing in the prescribed form, served upon or posted in a registered letter addressed to the Chief Inspector at his office.
(4) Such application shall contain-
(a.) the full name of such person; and a description of his factory ;
(b) the place where it is situated;
(c) the nature of the work carried on or to be carried on therein;
(d) a description of the motive power (if any) therein;
(e) the trade name (if any) under which the business of the factory is carried on; and
(f) such further particulars as may be prescribed.
When to be made. (5) Applications for registration shall be served or posted within the times following : -
Registration fee.
(a) Under subdivision (a) of subsection (1) of this section, within three months after the passing of this Act:
(b) Under subdivision (b), within twenty-one days of such going into occupation:
(c) Under subdivision (c), within twenty-one days of such building or place becoming or again becoming a factory.
(6) Every application for registration or renewal of registration shall be accompanied by the fee required by this Act.
284. (1) No
11°
GEORGII V, No.
1453. 103PART V.
Industrial Code.-1920. DIVISION III.
284. (I) No building or place which-
(a) is about to become for the first time; or
(b) after a period of disuse is about to again become a factory, shall be registered until the Chief Inspector has in writing certified-
I. that such building or place is suitable for a factory; and
II. that the prescribed requirements have been complied with.
(2) This section shall not apply to any premises or place which by any extension of this Part of this Act, under section 277, becomes for the first time a factory.
Approval of Chief Inspector.
Ibid., s. 14.
285. (1) Registration or renewal of registration shall be effected Registration.
by the entering of the prescribed particulars in a register to be kept Ibid., s. 15.
by the Chief Inspector for such purpose.
(2) Such register shall be either in the form set out in the Fifth Schedule or in a prescribed form, but the Chief Inspector may insert in the register such additional matter as may be convenient for departmental purposes to be set out therein.
286. (1) The annual fee to be paid in respect of the registration Annual fee.
or renewal of registration of every factory- Ibid., s.16.
(a) shall, subject to subsection (2) hereof, be that specified in the Sixth Schedule;
(b) shall, in the year when such factory is first registered, accompany the application for registration; and
(0) shall in every year thereafter be paid by the occupier of such factory on or before the thirty-first day January.
(2) When any factory is opened during any year after the thirtieth Half fee when
day of June the fee to be paid on registration for that year shall be !~t,~r~o~~e~~~e one-half of the rate specified in the 8ixth Schedule. . (3) Any factory in respect of which such annual registration fee When fee not paid
has not been paid shall be deemed to be not duly reuistered o· • facto~y unregIstered. deemed
287. The occupier of a factory who intends to close and cease to Notice of closing
use it shall give the Chief Inspector seven days' previous notice in of. factory.
writing of such intention. Ibid., s. 17.
Penalty, Five Pounds.
288. The registration of the factory of a person who is convicted Cancellation of
of a third offence under Part III. of this Act shall be forthwith registration.
canr.elled by the Chief Inspector. Ibid., s. 155.
DIVISION
104
PART V.
DIVISION IV.
Outside workers to register names and addresses.
Factories Act, 1907, s. 18.
DIVISION V.
Records and notices by occupiers.
Factories Act, 1901, s. 19.
Production to inspector.
Ibid., as amended by Factories Amendment Act, 1910, s. 7.
Information to be posted in factory.
Name of inspector.
Holidays.
Starting times, &c.
Abstract of Act and regulations.
Name of occupier.
11°
GEORGII V, No.
1453.·Industrial Oode.-1920.
DIVISION IV.-REGISTRATION OF OUTSIDE WORKERS.
289. (1) Every person who, outside a factory, wholly or partly prepares or manufactures, either directly or indirectly, any article for the occupier of such factory for trade or sale, shall, either per- sonally or by written notice, register with the Chief Inspector-
(a) his full name and address; and
(b) any change in such address from time to time.
(2) Every person so registered shall answer all questions put to him by an inspector-
(a) as to the person for whom the articles are being prepared or manufactured; and
(b) the price or rate to be paid to him therefor.
Penalty, Ten Shillings.
DIVISION V.-RECORDS AND NOTICES BY OCCUPIERS.
290 .. Every occupier of a factory shall-
(a) make and keep a true record in such form and giving such particulars as may be prescribed of the names, work, and wages of the persons employed in such factory, and the age of every such person under twenty-one years of age:
(b) produce such record for inspection, whenever demanded by an inspector, and forward such record annually and at the prescribed time to the Chief Inspector:
(c) affix aDd keep affixed in legible characters in some con- spicuous place in the factory and so as to be easily read by his employes, a notice containing-
I. the name and address of the inspector for the district:
II. the holidays and the working hours of the employes:
III. the times mentioned in section 301 of this Act:
IV. true copies or abstracts of such parts of this Act and the regulations as may be prescribed:
v. the name and address of the certifying medical practitioner for the district:
(d) affix and keep affixed in legible characters, in such place as an inspector may direct or approve-
I. the name of such occupier; or,
II. if suoh occupier is a company, the registered name of suoh oompany; or,
Ill. if suoh oooupier is a firm, the firm name:
(e)
affix
it
11°
GEORGII V, No.
1453. 105PART V.
Industrial Oode.-1920. DIVISION V.
(e) affix and keep affixed in legible characters, in such place as RecOl'd of :fines.
an inspector may direct or approve, a detailed record of all fines levied by such occupier upon his employes:
(j) forward to the Chief Inspector such record of fines at
:acr
d ~t. ~es tosuch times and in such form as may be prescribed. e orw r e •
Penalty, One Pound for every day during which any provision of this section is not complied with.
291. (1) The notice required by subdivision (e) of section 300 N
f ottice,a affix& edtin
h II t h · f . k d f . k f th ac onea, c., 0 s a sta e t e tunes or startmg wor an or ceasmg wor or e state ordinary
day, and the times for commencing and for ending any interval for workin~ times,
meals; and in any case where the same times do not apply to all ~::~1: ~r~d- the employes the notice shall be prepared accordingly. a.38. ' ,
(2) Any time during which an employe works before the time for Other times to be
starting work, or after the time for ceasing work, or during the "~vertime."
interval for meals, which applies to him, as such time is stated in IbId.
the notice referred to in subsection (1) of this section, shall be re- garded as extra working time for the purposes of section 340, and shall be paid for accordingly.
292. (1) Every occupier of a factory for whom, directly or in- Record of outside
directly, outside such factory any person wholly or partly prepares ;::t~rt:sn~/~
or manufactures any article for trade or sale, shall also keep in the kept.
prescribed manner a record of- Factories Act,
1907, a. 20.
(a) the description and quantity of such work; and
(b) the name and address of the person by whom the same is done; and
(e) the prices paid in each instance for such work.
Penalty, Two Pounds for every day during which, without reason- able excuse, such record is not kept.
(2) Such record shall be kept for the information of the inspectors, Inspectors may
who alone shall be entitled to and may at all reasonable hours examine same.
inspect and examine the same.
(3) Every such occupier shall, whenever demanded, forward such Record to be sup-
record to the Chief Inspector. plied to Chief
Inapector.
Penalty, Ten Shillings.
(4) The Chief Inspector shall publish in the Gazette any par- And b b
ticulars contained in any such record, including the name and address lishedm~~ e pu .
of such occupier, as the Minister may direct. authority of Minister.
(5) No such particulars shall be so published except in regard to Lim 'tat'
some breach of Part III. or Part V. of this Act for which such pUblishi~;. on occupier has been convicted.
(6) Every
0-1453
106
PART V.
DIVISION V.
Meanin¥ of
• • occupler " in tliis section.
Defence.
11°
GEORGII V, No.
1453.IndustrialOode.-1920.
(6) Every person who issues or gives out, or authorises or permits to be issued or given out, any article for the purpose of being wholly or partially prepared or manufactured outside a factory for trade or for sale shall be. deemed to be the occupier of a factory for the purposes of this section.
(7) No person shall be convicted under subsection (1) hereof who proves-
(a) that he acted in good faith and without any intention to evade the provisions of this section; and
(b) that, on demand made by or on behalf of the inspector, he gave all the information in his power with respect to the alleged offence.
Inspector divulging 293. (1) No inspector shall divulge the contents of any record
contents of record. of persons employed in, or of the work done in or outside of, a
Ibid., s. 21. factory, except to the Minister or the officers of his department :
DIVISION VI.
Powers of inspector.
Faetories Act, 1907, B. 22.
(2) No inspector or officer shall make use of his knowledge of the contents thereof, except for the purpose of the compilation of general statistical information as required by this Part of this Act, or for the purpose of enforcing the provisions of Part III. or Part V.
of this Act.
Penalty, two years' imprisonment.
DIVISION VI.--POWERS AND DUTIES OF INSPECTORS.
294. (1) An inspector may- (a) enter, inspect, and examine-
I. Any factory, shop, office, or warehouse, at any time when he has reasonable cause to believe that any person is emp10yed therein; and
II. At all reasonable times any place which he has reasonable cause to believe to be a factory, shop, office, or warehouse:
(b) take with him a constable into a factcrv, shop, office, warehouse, or place in which he has rea~onable cause to apprehend any serious obstruction in the execution of his duty:
(c) inspect and examine machinery in any factory:
(d) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Part of this Act and of all health laws are complied with, as regards the factory, shop, office, or warehouse, and the employes therein:
(e) report to the Board of Health for the district any breaches of the health laws:
(/) question,
11°
GEORGII V, No.
1453. 107PART v.
IndustrialOode.-1920. DIVISION VI.
(J) question, with respect to matters under this Part of this Act, every person whom he finds in a factory, shop, office, or warehouse, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory, and require such person to answer the questions put, and to sign a declaration of the truth of his answers :
(g) require the production of any book, notice, record, list, A~ended by Fac-
or document which is by any Part of this Act required torles Amendment
b k hib' d d· . Act, 1910, s. 9.
to e ept or ex Ite, an mspect, examme, and copy the same:
(h) Exercise such powers and authorities as may be prescribed.
295. Every inspector, to whom such duties are assigned, shall see Duties as to
that the provisions of awards and orders of the Industrial Court, and ~w;r~si ord.ers,
of the Board of Industry, and determinations of Industrial Boards t~ns. e ermma-
and Wages Boards are duly observed; and for that purpose may Cf .. Ind~strial
require any employe~ or employe to produce for examination any t;ft:.tl~~. Act,
wages books or overtIme books.
296. (1) An inspector entering, inspecting, and examining a Inspector may be
factory may take with him an interpreter. accompanied by interpreter.
Factories Act, 1907, s. 23.
(2) Any question or requisition made on behalf of such inspector Effect of inquiry
by such interpreter shall be deemed to have been put or made by the etc., by interprete'r.
inspector, and the answer thereto made to the interpreter shall be Ibid.
deemed to have been made to the inspector.
297. The occupier of a factory, shop, office, or warehouse shall at Occupiers to allow
an reasonable times furnish the means required by an inspector neces- :~try and inspec-
sary for the exercise of his duties and powers in relation to such I~~ 24
factory, shop, office, or warehouse. ., s. .
298. Every order, requisition, or determination made by an in- Orders, &c., to be
spector in relation to a factory, shop, office, or warehouse shall be in writing.
in writing, and served on the occupier. Ibid., s. 25.
299. Every inspector- Certmcates of
d appointment of
(a) shall be furnished with a certificate of his appointment; an inspectors.
(b) on app ymg or a mISSIOn I · f d ' · t 0 a ac ory, sop, f t h 0 ffi ce, or Ibid., s. 25.
warehouse, or any place which he has reason to believe to be a factory, shop, office, or warehouse, shall, if required, produce such certificate to the occupier.
300. No person shall- Obstruction a
breach of this Act.
(a) obstruct or wilfully delay an inspector or interpreter in the Ibid., s. 27.
execution of his duties or powers; or
(b) omit