PART VIII-~OURS PART VIII-~OURS OP BUSINESS IN SHOPS
64. Power ts m&e replla~om, The power to make regulla~om under this Act shall include power to make replations prescibing either
generally or to meet particular cases aU or any matters or things requked or permitted by any provision of this Part to be prescribed or necessargr or convenient to give effect to or to carry out the objects of all or any of the provisions of this Part, includisg, but without limiting the generdiq of the foregoing-
(i) prescribing, regpllating, and controlC%bg the manner of holdhg a ballot or meeting where necessary for the appointment of the half-holiday or -the closing hours or both for exempted shops or any class thereof, including the manner of applica- tion for the holding of such ballot or meeting and the amount of the fee which is to accompany the application (which %ee shall be paid into Consolidated Revenue); or
(ii) providing for the edorcement of a direction by the Minister that any shop or shops ima any Local Authority Area or part of a Local Authority Area are to be kept open during such b e as the M ~ s t e r shall have f i e d after the closing hours obsemed or agreed upon .in such area or part.
Part IX (Heading and ss. 65-73) (Repealed).
Repealed by Act of 1982, No. 13, s. 27.
" 7 ~ ~ Restrictions s n sale. (1) A person shall not sell motor fuel by retail from any shop unless there is in force at the material t h e in respect of that shop a permit issued pursuant to this Part.
( 2 ) For the purposes of this section a sale by retail does not include a sale--
(a) by or on behalf of a person to his employee in respect of a motor vehicle registered under the 1Wdkin R o d Act 1920-1972 in the name of that employee;
( b ) in a quantity of 200 litres or more;
(c) from an industrial pump owned or operated by an approved association to a member thereof in respect of a motor vehicle the subject of a license to hire within the mewing of the State Transport Act 1960-1972;
( d ) of a prescribed class or kind,
but includes a sale of any class or kind by means of a coin-operated self-service pump.
Heading inserted by Act of 1975, No. 45, s. 5 .
9 . 7 3 ~ i n ~ e r t e d by Act of 1975, No. 45, s. 5.
gA.CTOIPI1E'S AND SHO,P,S ACT 1960-1983 ss. 7313, 73c 41
7313. Permits. (1) The chief Inspector may grant and issue permits to which this Part applies.
(2) ( a ) An application for a permit-
( i ) shall be made to the Chief Inspector;
(ii) shall be in the prescribed form;
(iii) shall specify by a sufficient description the shop at or in which the applicant carries on or intends to carry on business;
(iv) shall contain such other particulars as are prescribed;
(v) shall bc accompanied by the prescribed fee.
(b) The Chief Inspector shall consider each application having regard to such matters as are prescribed and may approve or refuse it.
(6) Where an application is approved, the Chief Inspector shall grant and issue a permit in respect thereof.
( 3 ) A permit to wl~jch this Part applies- ( a ) shall be in the prescribed form;
( b ) shall contain the prescribed particulars;
(c) shall be in force for the prescribed period;
(d) shall be subject to such terms, eonditians or restrictions as are prescribed;
( e ) may be renewed.
( 4 ) A person shall not contravene or fail to con~ply with a term, condition or restriction to which a permit issued under this Part is subject.
Inserted by Act of 19'75, No. 45, s. 5 .
"93. Cancellation of pernit. (1) The Chief Inspector may cancel a pemit grmted and issued pursuant to this Part if-
(a) the pemit was issued in error or granted in consequence of any false or fraudulent document, statement or representation;
( b ) the holder of the permit-
(i) is convicted of am offence against this Act;
(ii) contravenes or fails to comply with a term, condition or restriction thereof;
(iii) ceases to exercise the authority thereby conferred ow him;
or
( c ) the Chief Inspector is of opinion that, by reason of! the manner in which the holder of the permit conducts h h s e z in the exercise of the authority thereby confened on him or by reason of any other fact. or circumsta~ce, the holder is not a fit and proper person to hold the permit.
(2) The ebief Inspector shall give to the holder of a permit notice of the cancellation thereof and the holder shall within seven days after receipt of that notice deliver up the permit to the Chief Inspector.
InAserted hy Act of 1975, No. 45, Y. F
42 SS. 7 3 ~ - 8 5 FACTORIES AND SHOPS 1960-1983
7330. PermalGes for offences. A person who commits an offence against this Part is Ziable-
(a> for a first offence, to a penalty of $200;
(b) for a second or subsequent offence, to a penalty of $1 000.
Inserted by Act of 1975, No. 45, s. 5.
7 3 ~ . Appeal from decision of Chief Inspector. (1) A person aggrieved (a) the refusal by the Chief Inspector of
an
application for 8permit under this Part or any renewal thereof;
(b) the cancellation by the Chief Inspector of a permit under this Part,
may appeal therefrom to an industrial magistrate who shall have jwis&c- tion to hear and determine the appeal.
(2) An appeal under this section shall be hstituted w i t b 30 days after notification sf the refusal or cancellation to the person aggrieved and no later by filing with the clerk of the court a notice of appeal stating briefly and clearly the grounds of appeal.
Procedure on the appeal shall be as prescribed.
Inserted by Act of 1975, No. 45, s. 5.
73~. Determination of appeal. (1) By way of determining the appeal.
the industrial magistrate may confirm or set aside the decision of the Chief Inspector in issue and may make any determination and order that the Chief Inspector could properly have made under this Part with respect to the matter in question and may make such order as to costs as he thinks fit.
(2) Either party to the proceedings before the industrial magistrate may appeal from his decision to the Industrial Court and all prmeedings upon that appeal shall be as prescribed by Rules of that Court.
Inserted by Act of 1975, No. 45, s. 5.
Part X (Heading and ss. 74-83) (Repealed).
Repealed by Act of 1982, No. 13, s. 28.
84. CcomAlict with &is Act, ets. Q. Act, s. 49. ( 1 ) Where any pro- vision of any Order in Council, regulation, ordinance, or by-law made under the laws relating to Local Authorities or public health is incon- sistent with a provision of this Act (including any Order in Council, regulation, or rule continued in force by or made under this Act) the latter shall prevail and the former shall cease to apply.
(2) Anything done by a Local Authority or any officer of a Local Authority inconsistent with any power exercised or duty performed
by an inspector under this Act shall be void and inoperative.
85. (Repealed).
Rcpealed by Act of 1970, N o . 3 5 , s. 9 ( a s froin 1 J a n u a r ) 1971).
FACTORIES AND SHOPS ACT 19613-1983 SS. 86, 87 43
86. ReKgemraBtors, ice-chmh a d ice-boxes. (1) A person shall not sell any of the following articles, that is to say, any refrigerator, ice-chest o r ice-box, which has in it a compartment of a capacity of 0.04 cubic metre or more, unless the compartment is so constructed or equipped that every door or lid of the compartment can be opened easily from the inside s f the compartment when any lock or catch that can be operated f m fkhe outside of the comp ent is fastened,
(2) In any prosecution for an offence against subsection one of this section it shall be a defence if the defendant proves that the refrigerator, ice-chest or ice-box with respect to which the offence i s alleged to have been committed was manufactured in or imported into Queensland before the coming into operation of this section, but the defendant shall be liable to pay the costs incurred on behalf of the prosecution unless he has given reasonable notice to the mmplahant h a t he will rely on such defence.
( 3 ) Without limit to his powers under this Act, an inspector may at any reasonable time-
(a) enter any place where refrigerators, ice-chests or ice-boxes are sold or where he has reasonable cause to believe that refrigerators, ice-chests or ice-boxes are sold;
( b ) inspect any refrigerators, ice-chests or ice-boxfs in such place;
( c ) 'examine with respect to matters under this section any person employed or engaged in such place;
(d) make such examination and inquiries as he thinks necessary to ascertain whether the requirements of this section are being complied with.
(4) An inspector, on exercising any power conferred on him by this section, shall, if so requested by any person apparently in charge of such place, produce the certificate of his appointment as an inspector.
( 5 ) No person shall hinder or obstruct, or attempt to hinder or obstruct, any inspector in the exercise by him of the powers conferred by this section.
(6) 'P7.lis section shall come into operation upon a day to be fixed by the Governor in Council by Proclamation published in the Gazette.
i"i; amendccl bq Act of 1972, ?lo. 31, s. 6 First Sch.
87. Pernits to hold bazaars, eke., oubide It~dnFi ftradkarg hours. ( ]I ) In addition to and without derogating from the powers conferred by section eight of this Act, the Minister or the Chief Inspector may from time to h e in the grantor's unfettered discretion grant a permit under his hand to any person intending to hold any bazaar or fair or sale of work or public entertainment for religious, charitable, or educational or other purposes from which no private profit is derived, permitting that bazaar
44 s. 88 FACTORIES AND SW0IP.S ACT 1960-1983
m fair or sale of work or public entertainmnent to be held freed from the operation of all or any of the provisions of any mder under
Part
VIIAof "'The Industrial Onciliation and Arbitration Acts, I961 to 1964", o r the provisions relating tot trading hours aplf any award.
Every such permit s h d be granted for such day or days and in respect of such place as are specsed therein.
TO the extent necessary to give operation and effect to any p e M t under this section, the provisions of any order under Part Vhha of "The Industrial Conciliation and Arbitration Acts, 1961 to 196$", or the provisions relating to trading hours of any award shall apply subject to such pemit.
(2) The holder of a pemit granted under this secti~an and any p r s o n who claims to hold or to act under a permit granted under this section shall produce the same for inspection and examination whenever demanded by an inspector.
In addition to the penalty to which any such person is ]liable for filing to produce the permit when demanded as aforesaid, he shall be deemed to have acted without the authority of, or not to hold, such a permit.
As amended by Act of 1964, No. 68, s. 22.
REQUISITIONS BY INSPECTOR
88. Inspetor may reqr~iae any defed to be remedied. Q. Act, s. 60 (2). &h.
III
cl. 89. (1 ) In any case where in the opinion of the inspector any provision of this Act imposing any requirement as t o safety, health, or weIfare has not been or is not being complied with, whether by the owner, occupies, constructor or person in charge of any factory or shop or of any building, premises, or other place to be used as a factory or a shop, or of any building or other place in respect of which an Order in Council under section thirty-seven of this Act is in force, the inspector may give to that owner, occupier, constructor or person in charge a noticein writing requiring the person to whom the notice is given to comply within the period of time stated in that notice with such requirement.
The inspector shall in such notice specify the matters and things with respect to which he considers the said requirement has not been or is not being complied with.
( 2 ) A person to whom a notice is given under this section shall within the period of time specified in the notice comply in every respect with the requirements of that notice.
( 3 ) The fact that a notice has or has not been given under this section in relation to any matter or thing shall not be a defence to any prosecution for any alleged offence against any provision of this Act.
As a m e n d e d by Act of 1973, No. 40. s. 27,
FACTORIES AND SHOPS ACT 1960-1983 s s . 8 9 , 9 0 45
89. Poww of Chief H I P ~ & M to- pr0iEbit the me ot a bddiaag eke, as a f a d o q or a shop. Q. Ad, Ssh. IIH el. 21, 22.
4
1 ) The Chief Inspector upon receipt by him of a report from the inspector that in the inspector's opinion any provision of this Act imposing any requirement as to safety, health, o r welfare cannot be complied with in relation to any building, premises, o r other place used o r to be used as a factory o r a shop, or any building or o t h e ~ place in respect of which an Order in Council under section thirty-seven of this Act is in force by reason of any structural, sanitary, or other defect whatsoever in that place, may by a n order in writing under his hand prohibit the use of that place as a factory, or a shop, or in the case of any building or other place in respect of which an Order in Council under s e ~ t i o n thirty-seven of this Act is in force the use of that place for any purpose stated in the order, o r make in like manner such other order as he may deem fit.( 2 ) Without limiting his powers under Part IBI in that behalf, where the inspector has furnished in relation to any place t o the Chief I n s p ~ t o r such a report as in subsection one of this selction is referred to, the inspector upon an application for the registration or renewal of registration under this Act of that place a s a factory o r a shop may, pending the decision of the Chief Inspector under subsection one of this section, refuse to register or, as the case may be, renew such registration o r to issue a permit a s referred to in subparagraph (ii) of the first paragraph of section eighteen of this Act.
( 3 ) Any power exercisable or exercised pursuant to this section shall be in addition to and not in substitution f a or diminution of any power exercisable or exercised in relation to the same matter or thing pursuant to any other provision of this Act, and those powers may be exercised in relation t o that matter or thing concurrently.
As amended by Act of 1973, No. 40, s. 28.
90. Appsovd of inspector Q be slbtbgsaiiwed to conranmace e m ~ o n @!I brcaiBdhg, etc. Q. A d , &ha HU ell. 19. (1) No owner, architect or contractor shall commence o r cause to be commenced the cmstmctim of, or the carrying out of any structural alterations o.r additions to, any building intended for use or used as a factory or a shop unless with the prior approval in writing of the inspector thereto.
(2) Application for the approval of the inspector under this section shall be in writing and made by the owner, architect o,r contractor concerned and be accompanied by one copy of the plans and specifications of the proposed building or structural alterations or additions, as the case may be.
( 3 ) T h e inspector upon considering such applicati~n and plans and specifications may grant his approval thereto, without conditions or subject to such conditions as to the inspector seems fit, or may refuse to grant such approval.
46 SS. 91-93 FACTORIES AND SHOPS A C f 1960-1983
44) If a building is constructd or any constmctimal alteration
QP addition to any building is carried out otherwise than
in
conPoid@ia every respect with the approval of the inspector m d the plans and spsc8cations submitted to the inspector, then the owner, contractor and, if my, architect shall be severally guilty of an offence a
and liabla accordingly.
91. ABb&am @# A& @bee, to k +d ap. Q,
AC$,
S. 52, E v q occupier of a factory or shop shall cause to be affixed and maintained in such place or places in or upon his factory, shop, or prerrtisas, as the inspector directs, the prescribed abstract of this A d and of th.be replations, and h dsfault of so doing shall be liable f a - a first offence to a penalty o£ not less than two dollars and not exceeding ten dollars and for a swond or subsequent offence to a penalty d not less than four doUars and not mceeding twenty ddlars.Decimal currency references substituted pursuant to section is of Decimal Currency Act of 1965.
( i ) forge, counterfeit, or fraudulently dter any ceheiticate, p d d , approval, notice, requisition, direction, exemption, order, or other document which the Minister or the Chief hsgector or any other inspector is a u h o r i s d to grant or issue under this Act; or
( i i ) use any such document bowing the 'same to be forged, counterfeited, or fraudulently altered; or
(iii) wilfully make any false entry in any register, noti&, record, or book required or auehorised under this Act; or
(iv) grant, issue, or use any certificate, permit, approval, notice, requisition, direction, exemption, order, or other documeppe under this Act knowing the same Its be wtrue
h
any material particulah.( 2 ) Wan1 damage. Q, A&, s. 56, (a) No person shall wilfdly cause or suffer any damage or defacement to any building, or part thereof, or to any furniture, fittings, or other appurtenances, provided for the p u p s e s of this Act by the owner or occupier of a factory or shop.
(b) The provisions of paragraph (a) of this subsection shall not exempt any person from any action, suit, or other proceeding which might but for the provisions of that paragraph be brought against him, a d no proceeding or conviction for any offence against this subsection
$hall affect any civil right or remedy to which any person aggrieved by
&e offence may be entitled.
93. PemlGes, etc. Q. AcG s. 60 ( 1 ) . (1) Any person who con- travenes or Pails to comply with any provision of this Act shall be guilty
of an offence against this Ace.
FACTOR1E.S AND SHOPS ACT 1960-1983 s, 93 47
(2) Without limiting the provisions of subsection ( I ) , in every ease where by or under this Act any requirement or obligation is imposed on or any provision is required to be observed by the occupier, constructor or owner thereof in respect of any factory or shop, or in respect of any building or place in relation to which an Order in. Council made under section 3'7 is in force, or in respect of the treatment of persons employed therein or otherwise howsoever, the occupier, constmctor or owner according as he is required by this Aek or if this Act does not specify which person, then the occupier, con- structor or owner according as directed by an inspector, shall causs the rquirement, obligation or provision to be complied with or observed and
if
the same be not complied with or observed the occupier, constmctor or owner shall, as prescribed by this subsection, be guilty of an offence against this Act and shall be liable accordingly.( 3 ) Every person who aids, abets, counsels, or procures, or is in any way, directly or indirectly, knowingly concerned in, th
of any offence against this Act shall be deemed to have c offence and shall be liable and punishable accordingly.
(4) Gelracerd p e d Q , Q. Act, s. 5"6(2). Any person guilty of an offence against this Act shall, if no specific penalty is provided for Shat offence, be liable, in the case of a first offence, to a penalty of not less than four dollars and of not more than one hundred dollars, and in the case of a second or subsequent offence of the same kind, to a penalv of not less than twenty dollars and of not more than four hundred dollars.
If default in complying with any lawful order of an inspector under this Act is continued, after bis conviction, by any person who has been convicted of the offence of failing to comply with that order, that person shaU be deemed to commit a continuing offence, and shall be liable to a pnalty of not more than ten dollars for each and every day during which that offence is continued.
(5) W e r e a person is convicted of any offence against this Act and the industrial magistrate by whom he is convicted is of opinion that such offence was committed with intent to defraud, he shall be liable, in addition to or in lieu of any penalty, to be imprisoned for m y tern not e x c e d h g six months.
(6) h y penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under algis Act.
( 7 ) Notwithstanding anything in any Act to the contramy., where my person is convicted of any offence against this Act the penalty to be hposed in respect of that offence shall not be reduced below any prescribed minimurn amount sf penalty.
( 8 ) S u m m w prraaceedings. Q. Act, s, 57 (5). Proceedings for offences against this Act shall be by complaint made with the authority of the Minister ( 4 1 ~ the Chief Inspector and shall be heard and determined in a summary way by an industrial magistrate.