APPEAL TO COURT.

APPEAL FROM REGISTRAR OR MAGISTRATE.

SEC. 55. (1) From any order of the registrar, or any industrial or other magistrate or justices under this act, imposing a penalty or ordering the payment of any sum of money or any penalty, an appeal shall lie to the court.

On any such appeal the court may either affirm the order appealed from or reverse the said order or reduce the amount so ordered to be paid or the amount of the penalty; and, in any case, the court may make such order as to the costs of the appeal, and of the proceedings before the registrar, magistrate, or justices, as it thinks best.

CASE MAY BE STATED.

(2) The registrar, or any industrial or other magistrate or justices, may on the application made by any party to any proceedings for the payment of money or a penalty under this act state a case for the opinion of the court, setting forth the facts and the grounds for any order or conviction made by him or them.

APPLICATION OF PROVISIONS OF JUSTICES ACT.

(3) The provisions of the justices act, 1902, and any act amending the same which relate to appeals to a court of quarter sessions and to the stating of cases by justices for the opinion of the supreme court, and the decision of any such court thereon, and the carrying out of such decision shall, mutatis mutandis, and subject to any regulations made by the court under this act, apply to and in relation to appeals to and cases stated for the opinion of the court under this subsection.

NO OTHER APPEALS ALLOWED.

(4) No other proceedings in the nature of an appeal from any such order or by prohibition shall be allowed.

PROCEDURE AND DECISIONS OF COURT AND BOARDS.

RULES TO GOVERN THE COURT AND BOARDS.

SEC. 56. The court or a board exercising the jurisdiction conferred by this act shall be governed in its procedure and in its decisions by equity and good conscience, and shall not be bound to observe the rules of law governing the admissibility of evidence.

ADJOURNMENTS OF COURT.

SEC. 57. Where the judge is unable to attend at the time and on the day appointed for the hearing of any matter by the court, the registrar or, in his absence from the court, the chief clerk, shall adjourn the court and also adjourn the hearing of any cases set down for that day to such day as he may deem convenient.

DECISION OF COURT TO BE FINAL.

SEC. 58. (1) Any decision of the court shall be final; and no award, and no order or proceeding of the court shall be vitiated by reason only of any informality or want of form or be liable to be challenged, appealed against, reviewed, quashed, or called in question by any court of judicature on any account whatsoever.

(2) No writ of prohibition or certiorari shall lie in respect of any award, order, proceeding, or direction of the court relating to any industrial matter or any other matter which on the face of the proceedings appears to be or to relate to an industrial matter.

(3) The validity of any proceeding or decision of the board or of a chairman of a board shall not be challenged except as provided by this act.

COURT RESERVING ITS DECISION.

SEC. 59. In any proceeding before the court it may reserve its decision. Where a decision has been so reserved it may be given at any continuation or adjournment of the court, or at any subsequent holding thereof, or the judge may draw up such decision in writing and, having duly signed the same, forward it to the registrar. Whereupon the registrar shall notify the parties of his intention to proceed at some convenient time and place by him specified to read the same, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if given by the court.

EVIDENCE OF AWARD AND ITS VALIDITY.

COPY OF GAZETTE TO BE EVIDENCE.

SEC. 60. Evidence of any award, order, proclamation, notification, rule, or regulation made under the authority of this act or any of the repealed acts may be given by the production of any document purporting to be a copy thereof and purporting to be printed by the government printer or by the authority of the minister.

PENALTIES AND COSTS.

RECOVERY OF PENALTIES.

SEC. 61. Any penalty imposed by or under this act or the regulations may, except where otherwise provided, be recovered upon summary conviction before a stipendiary, police, or industrial magistrate, or any two justices in petty sessions.

PENALTIES TO BE PAID TO CONSOLIDATED REVENUE.

SEC. 62. The amount of any penalty recovered under this act shall be paid into the treasury and carried to the consolidated revenue fund.

ORDERS FOR COSTS.

SEC. 63. (1) Except where otherwise in this act provided, the court or the registrar or any industrial or other magistrate or justices may in any proceedings for a penalty or prosecution under this act, and in any proceedings under section 53 or for a writ of injunction, make such order as to the payment of costs as may be thought just and may assess the amount of such costs.

ENFORCEMENT OF ORDER.

(2) Every order for the payment of costs made by the court or the registrar or the industrial magistrate shall have the effect of and be deemed to be a judgment for such amount in the district court or court of petty sessions named in the order, or if no such court is so named, then in the metropolitan district court, at the suit of the person in whose favor such order is made, against the person so ordered to pay costs.

Such amount may be recovered, and such recovery may be enforced by process of such court as in pursuance of such judgment.

PENALTY FOR WILLFULLY FALSE STATEMENT.

SEC. 64. Whosoever, before a board or the court, willfully makes on oath any false statement knowing the same to be false shall be guilty of perjury.

THE REGISTRAR, INDUSTRIAL MAGISTRATE, AND INSPECTORS.

APPOINTMENT OF REGISTRAR.

SEC. 65. (1) The governor may, subject to the public service act, 1902, appoint an industrial registrar, who shall have the prescribed powers and duties.

DEPUTY REGISTRAR.

(2) The governor may appoint any person to act as a deputy for the registrar appointed under this act for a time not exceeding in any case 30 days while such registrar is absent from his duties for any cause, and every such deputy shall while acting as such have the same jurisdiction and power, and perform the same duties as if he were the registrar.

HIS POWERS AND DUTIES.

(3) The judge may direct the registrar to inquire into any matter as to which he requires information for the purpose of the exercise of the jurisdiction of the court in any matter not being proceedings for a penalty under this act, and the registrar shall inquire accordingly, and report to the court.

For the purpose of such inquiry and for the purpose of any matter which by this act or the regulations is referred to him, the registrar may summon any persons, administer oaths and take affidavits, and examine parties and witnesses. Every person summoned by the registrar shall be bound to attend upon such summons, and shall for disobedience thereto be liable to a penalty not exceeding £50 ($243.33).

POWERS OF REGISTRAR.

(4) For the purpose of hearing and determining any proceedings for a penalty or for the recovery of money under this act, the registrar shall have the powers of two justices of the peace within any police district.

APPOINTMENT AND POWERS OF INDUSTRIAL MAGISTRATES.

SEC. 66. (1) The governor may appoint industrial magistrates, who shall have the qualifications of a police magistrate, and who shall throughout the State have the jurisdiction and powers conferred by this act on an industrial magistrate, and in the exercise of such jurisdiction may do alone whatever might be done by two or more justices sitting in petty sessions.

DEPUTY FOR INDUSTRIAL MAGISTRATE.

(2) The governor may appoint any person duly qualified as aforesaid to act as a deputy for any industrial magistrate appointed under this act for a time not exceeding in any case 30 days while such magistrate is absent from his duties for any cause, and every such deputy shall while acting as such have the same jurisdiction and power and perform the same duties as if he were an industrial magistrate.

APPOINTMENT AND POWERS OF INSPECTORS.

SEC. 67. (1) The governor may, subject to the public-service act, 1902, appoint inspectors, who shall have the powers and duties prescribed.

Any such inspector may exercise the following powers and perform the following duties in respect of an industry as to which an award or an industrial agreement is in force:

(a) He may at any reasonable times inspect any premises of any employer upon which any such industry as aforesaid is carried on, and any work being done therein.

(b) He may at any reasonable times require the employer in such industry to produce for his examination, and may examine, any time sheets and pay sheets of the employees in such industry.

(c) He may at any reasonable times examine any employee in such industry as to the prices for piecework and the rate of wages paid to him, and as to his hours of work as such employee.

(d) He may, on obtaining the authority of the minister, institute proceedings for a penalty under section 53.

An inspector shall report to the minister all breaches of this act, or of an award or industrial agreement, which have come to his knowledge.

(2) No inspector shall have any authority under this act to enter a private dwelling house, or the land used in connection therewith, unless some manufacture or trade in which labor is employed is carried on therein.

OBSTRUCTING INSPECTOR.

(3) If any person obstructs any inspector in the exercise of his powers under this act or fails when duly required as aforesaid to produce any time sheets or pay sheets, he shall be liable to a penalty not exceeding £10 ($48.67).

MISCELLANEOUS.

TIME SHEETS AND PAY SHEETS TO BE KEPT.

SEC. 68. (1) Every employer in an industry in respect of which an award or an industrial agreement is in force shall keep, or cause to be kept, from day to day and at the place where his employees in such industry are working, in the manner and to the effect prescribed, time sheets and pay sheets of such employees, correctly written up in ink.

If he fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding £10 ($48.67).

EXHIBITION OF AWARD.

(2) A copy of any award, whether made under the repealed acts or this act, shall be exhibited and kept on exhibition by every employer carrying on an industry to which it relates, at the place where the industry is carried on, so as to be legible by his employees. If such employer fails to carry out the provisions of this subsection he shall be liable to a penalty not exceeding £10 ($48.67).

(3) The penalty imposed by each of the preceding subsections may, in addition to being recoverable in terms of section 61 of this act, be ordered to be paid by the registrar or an industrial magistrate subject to the provisions of section 54 of this act.

NOTICE OF CHANGE AFFECTING EMPLOYMENT.

SEC. 69. Employers and employees shall give at least 21 days' notice of an intended change affecting conditions of employment with respect to wages or hours or the prices of piecework. During any proceedings before a board, neither the employers nor the employees in the industry the subject of such proceedings shall alter the conditions of employment with respect to wages or hours, or the prices for piecework, unless upon the recommendation of the board that they be at liberty to do so.

If any person fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding £50 ($253.33).

PENALTY FOR CONTRACT OR COMBINATION IN RESTRAINT OF TRADE.

SEC. 70. Any person who, either as principal or as an agent, makes or enters into any contract or agreement, or is or continues to be a principal of or engages in any combination or conspiracy with intent to restrain the trade of the State in any necessary commodity to the detriment of the public, shall be liable to a penalty not exceeding £500 ($2,433.25).

PENALTY FOR MONOPOLY.

SEC. 71. Any person who monopolizes or attempts to monopolize or combines or conspires with any person to monopolize any part of the trade of the State with intent to control, to the detriment of the public, the supply or price of any necessary commodity, shall be liable to a penalty not exceeding £500 ($2,433.25).

REGULATIONS.

REGULATIONS MADE BY JUDGE.

SEC. 72. The judge may repeal any regulations made under the repealed acts and make regulations for carrying out the provisions of this act and the clerical workers act, 1910, and in particular, but without derogating from the generality of such powers

(a) Prescribing the forms of references and applications to a board and generally the forms to be used in carrying out this act.

(b) Prescribing the form of oath to be taken by members of boards and committees.

(c) Regulating the exhibition by an employer of an award.

(d) Prescribing the form and mode of service of notices of meetings of a board and of a committee and regulating the convening of such meetings.

(e) Prescribing the giving of notice of inspection by a board or its members of premises used in any industry, and prescribing the form and regulating the service of such notice.

(f) Regulating the procedure at meetings of boards and committees.

(g) Providing for the payment of expenses of witnesses; and persons summoned by the registrar or summoned to attend a conference under the provisions of Part V.

(h) Regulating the procedure to be followed in proceedings before the court and before the registrar and an industrial magistrate, and in enforcing judgments, convictions, and orders given and made under this act.

(i) For the enforcement of orders for penalties and orders for attachments made under this act.

(j) Prescribing the powers and duties of the registrar and regulating the registration under this act of industrial unions.

(k) Imposing any penalty not exceeding £10 ($48.67) for any breach of such regulations.

(1) As to matters which by this act may be prescribed.

PUBLICATION OF REGULATIONS.

SEC. 73. (1) Regulations made under this act, on being approved by the governor and published in the Gazette, shall, if not disallowed as hereinafter provided, and if not repugnant to this act, have the force of law.

(2) All such regulations on being gazetted shall be laid before both houses of Parliament within 14 days if Parliament is then sitting, and, if not sitting, then within 14 days after the next meeting of Parliament. But if either house of Parliament passes a resolution of which notice has been given at any time within 15 sittings days after such regulations have been laid before such house disallowing any regulation, such regulation shall thereupon cease to have effect. Assented to April 15, 1912.

SOUTH AUSTRALIA.

[No. 1110.]

AN ACT To make better provision for dealing with industrial matters and disputes, and for purposes consequent on such provisions including certain amendments of" the factories acts, 1907 to 1910." (Assented to Dec. 19, 1912.)

PART I.

PRELIMINARY.

SECTION 1. This act may be cited as the Industrial arbitration act, 1912.

SEC. 3. In this act, unless inconsistent with context or some other meaning is clearly intended

"Agriculture" (without limiting its ordinary meaning) includes horticulture, viticulture, and the use of land for any purpose of husbandry, including the keeping or breeding of live stock, poultry, or bees, and the growth of trees, plants, fruit, vegetables, and the like;

"Association" means any trade or other union, or branch of any union, or any association, society, or body composed of or representative of employers or employees, or for furthering or protecting the interests of employers or employees:

"Award" means award of the court made under this act;

66

Employee means any employee in any industry, and includes any person whose usual occupation is that of employee in any industry;

66

Employer means any person, firm, company, or corporation employing one or more employees in any industry, whether on behalf of himself or any other person;