An Act to further amend "The Companies Act, 1892." [Assented to, December 22nd, 1906.]

BE

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as "The Companies Act Further Short title and Amendment Act, 1906," and shall be incorporated with "The incorporation. Companies Act, 1892" (hereinafter called "the principal Act"), and the Act amending the same.

2. In this Act "Court" means the Supreme Court of the said Interpretation. State or a Judge thereof.

3. Every official liquidator shall, once at least in every six Balance-sheet to be months during the winding up of any Company, file with the filed. Registrar a balance-sheet, accompanied by a statement in writing signed by such liquidator, so that such balance-sheet and statement show his dealings under and acts done in the matter of the winding up: Provided that the Court may, upon due cause shown from time to time, order that this section shall not apply in any particular case or for any particular time.

4. If any official liquidator shall fail to file such balance-sheet Provision for comand statement, or either of them, for fourteen days after the expira- plaint if not filed. tion of six months from the date of his appointment, or for fourteen days after the expiration of any subsequent period of six months

calculated

Proceedings consequent upon complaint.

Property to be delivered.

Penalty on failure.

Penalty no bar to

The Companies Act Further Amendment Act.-1906.

calculated from the date of his appointment, any shareholder or creditor of the Company may lodge with the Registrar a complaint in writing of failure to file such balance sheet and statement or the insufficiency of such balance-sheet and statement.

5. (a) Upon receipt of any complaint purporting to be made by any such shareholder or creditor the Registrar shall forthwith issue an interlocutory summons requiring the official liquidator referred to in such complaint to show cause, within twenty-one days from the date of posting or serving such summons, why he should not be removed from his office.

(b) Upon the return of such summons the Court shall forthwith remove such official liquidator, and his office shall thereupon become and be deemed to be vacant, and he shall cease to act therein, and the Court shall forthwith appoint that the Public Trustee shall complete the winding up of such company. The Registrar shall forthwith notify such official liquidator of such vacancy and appoint

ment.

6. Upon his office so becoming vacant as aforesaid such official liquidator shall, upon demand made in writing by the Public Trustee, transfer, deliver, assign, and convey to the Public Trustee all the books, papers, writings, documents, money, choses-in-action, and other property in the possession, custody, or control of such official liquidator by virtue of the office theretofore held by him.

7. Any such official liquidator who shall refuse or neglect for fourteen days, or such further time as the Court may allow after such demand, to comply with the last preceding section shall be guilty of a misdemeanor, and shall, on conviction, be liable to imprisonment for any period not exceeding three years with hard labor.

8. Neither such conviction nor his removal from office as aforeaction or prosecution. said shall be a ground of defence for or operate to relieve any official liquidator from any civil action, other criminal prosecution, or other proceeding by or at the suit of His Majesty or any person or persons whomsoever.

Application to building societies.

9. This Act shall apply in the case of the winding up of a building society by the Court under "The Building Societies Act, 1881," as well as in the case of a winding up under the principal Act.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. LE HUNTE, Governor.

Adelaide By authority, C. E. BRISTOW, Government Printer, North Terrace.

An Act to amend the Law relating to Factories, and for other purposes.

BE

[Assented to, December 22nd, 1906.]

E it Enacted by the Governor of the State of South Australia,
with the advice and consent of the Parliament thereof, as

follows:

1. This Act may be cited as "The Factories Act Amendment Act, Short title and 1906," and shall be incorporated and read as one with "The Factories incorporation. Act, 1894" (hereinafter called "the principal Act "), and any Act

or Acts amending or extending the same.

2. The Acts mentioned in the First Schedule to this Act are hereby Repeal. repealed to the extent therein mentioned; but all regulations now in force are hereby continued and confirmed until repealed by regulations under this Act.

determinations.

3. Every Board constituted under any of the above-mentioned Continuation of Acts, and the determinations thereof, are hereby continued until present Board and such Board is superseded by a Board under this Act, or such determinations are amended or revoked by such a last-mentioned Board.

4. Section 4 of "The Factories Amendment Act, 1900," is hereby Amendment of sec. 4 amended by striking out the words "North" and "East" in the of Act 752 of 1990. second line thereof, and the words " Adelaide," "West Adelaide,"

"East,'

66

""West Torrens,' ""Sturt" in the third line thereof.

A-915

5. Section

Amendment of sec. 10 of Act 752 of 1900.

The Factories Act Amendment Act.-1906.

5. Section 10, sub-section (1) (b) of "The Factories Amendment Act, 1900," is hereby amended by adding after the word "Inspector" in the last line thereof the words "and shall be forwarded annually to the Chief Inspector at such time as may be prescribed, or whenever demanded by him.'

Power to appoint

Board to fix prices for certain work.

Vic. Act 1975, sec. 75.

Power to appoint
Board to fix prices
for certain work.
Ibid., sec. 75.

Matters to be considered.

Ibid., sec. 75.

Boards and their Objects.

6. (1) In order to determine the lowest prices or rates which may be paid to any person or persons, or classes of persons, employed either inside or outside a factory or workroom—

In wholly or partly preparing or manufacturing any particular articles of clothing, or wearing apparel, or furniture; or

In bread making or baking, and small goods making or baking;

or

In the process, trade, or business of a butcher or seller of meat, or maker or seller of small goods; or

In the process, trade, or business of drivers of trollies, wagons, drays, and carriers' vehicles, and every such driver shall be deemed to be employed in a factory within the meaning of this Act and the Acts incorporated therewith; or

In the process, trade, or business of brick-making :

the Governor may from time to time appoint a Board, consisting of not less than four nor more than ten members and a chairman, and may at any time remove any member of the Board.

(2) In order to determine the lowest prices or rates which may be paid to any person or persons, or classes of persons, employed in or engaged in connection with any process, trade, business, occupation or calling, whether carried on in a factory or workroom or not, other than those authorised by sub-section (1) of this section, the Governor may from time to time appoint a Board consisting of not less than four nor more than ten members and a chairman, and may at any time remove any member of the Board: Provided that no such Board shall be appointed unless a resolution has been passed by both Houses of Parliament declaring that it is expedient to appoint such Board.

(3) In fixing such lowest prices or rates, the Board shall take into consideration the nature, kind, and class of the work, and the mode and manner in which the work is to be done, and the age and the sex of the workers, and any matter which may from time to time be prescribed.

Mode

The Factories Act Amendment Act.-1906.

Mode of Appointing Members and Term of Office.

7. (1) One-half of the members of a Board shall be appointed Constitution of Board as representatives of employers and one-half as representatives of Vic. Act, 1975, employés.

sec. 76.

(2) The representatives of the employers shall be, or shall have Representatives. been, bona fide and actual employers in the trade concerned, and the representatives of the employés shall be or shall have been actual and bona fide employés in such trade.

(3) (a) Appointments as members of any Board shall be for
three years only, but any member of a Board may on
the expiration of his term of office be re-appointed
thereto; and

(b) The Chairman of any Board shall be deemed and taken
to be a member thereof.

8. (1) Before the appointment of the members of any Board, the Minister may, by notice published in the Government Gazette, nominate persons as representatives of employers and representatives of employés to be appointed as members of such Board.

Term of office of of Board.

member or chairman

Provision for appointment after nomination members of Board without previous election.

of representative

Ibid, sec. 77.

nominated.

(2) In any case where one-fifth of the employers or employés in any process, trade, or business carry on or are engaged in such pro- Who may be cess, trade, or business outside the Electoral Districts named in section 4 of "The Factories Amendment Act, 1900," one at least of the persons so nominated as representatives of employers and one at least of the persons so nominated as representatives of employés 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 process, trade, or business outside the said Electoral Districts.

(3) Unless, within twenty-one days after the date when such Objections to nominations are so published, at least one-fifth of the employers or nominated members. at least one-fifth of the adult employés respectively engaged in the process, trade, or business subject to such Board give notice in writing to the Minister that they object to the appointment of the persons nominated as their representatives (as the case may be),

then such persons so nominated may be appointed members of the Appointments. Board by the Governor as representatives thereon of the employers or employés (as the case may be).

if nominees objected to by one-fifth.

(4) If the Minister is satisfied that at least one-fifth of the Provision for election employers or of the adult employés object within the time aforesaid to the persons nominated as their representatives, then such representatives of employers or such representatives of employés shall be elected in manner provided by the regulations in the Third Schedule of this Act.

(5) The